Article V Wastewater Collection and Treatment

Prevent the introduction of pollutants into the municipality wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

Protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public.

Improve the opportunity to recycle and reuse industrial wastewaters and sludges from the system.

Provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system.

§ 133-35 Administration; applicability.

Enable the Township to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements and any other federal or state laws to which the publicly owned treatment works is subject.

This Article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for users; authorizes monitoring, compliance and enforcement activities; requires user reporting; assumes that existing customer's capacity will not be preempted; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This Article shall apply to all persons outside Upper Merion Township who are, by contract or agreement with the Township, users of the Township POTW. This Article is a supplement to Ordinance No. 75-352[1] And the regulations adopted thereunder, as amended. Except as otherwise provided herein, the Township Director of Public Works shall administer, implement and enforce the provisions of this article. Any powers granted to or duties imposed upon the Director of Public Works may be delegated to other Township personnel.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

Editor's Note: See Art. IV, Sewer Rents.

The Township shall administer this article according to the provisions of 40 CFR Part 403, Section 403.8(f), with respect to program development and implementation by the POTW.

[Added 4-25-2002 by Ord. No. 2002-721]

§ 133-36 Definitions and word usage.

Shall is mandatory; may is permissive.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:

ACT OR THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVED AUTHORITY

The Regional Administrator of the EPA.

If the user is a corporation:

The President, Secretary, Treasurer or Vice President of the corporation in charge of a principal business function or any other person who performs similar policy or decisionmaking functions for the corporation; or

The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

BEST MANAGEMENT PRACTICES (BMPs)

The individuals described in Subsections A through C above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to Upper Merion Township.

Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage.

[Added 6-21-2007 by Ord. No. 2007-762]

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, for five days at 20° C. expressed in terms of concentration [milligrams per liter (mg/l)].

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CATEGORICAL STANDARDS OR CATEGORICAL PRETREATMENT STANDARDS -

National Categorical Pretreatment Standards, being any regulation heretofore or hereafter adopted by the United States Environmental Protection Agency, being any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which now appear or hereafter appear in 40 CFR Chapter 1, Subchapter N.

[Amended 7-13-2000 by Ord. No. 2000-704]

CONTROL AUTHORITY

The term "control authority" shall refer to Upper Merion Township.

COOLING WATER

The water discharged from any such use as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of Pennsylvania.

ENVIRONMENTAL PROTECTION AGENCY OR EPA

The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency, including the Regional Water Management Division Director.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed Categorical Pretreatment Standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INDIRECT DISCHARGE OR DISCHARGE

The discharge or the introduction of pollution from any nondomestic source regulated under § 307(b), (c) or (d) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste discharge into the system).

INDUSTRIAL USER

A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402 of the Act. In addition, "industrial user" shall also be defined as an establishment which discharges or introduces industrial wastes into the POTW.

INDUSTRIAL WASTE

Shall have the meaning ascribed to it in the Act of June 22, 1937 (P.L. 1987, No. 394),[1] known as the "Clean Streams Law" and the regulations adopted thereunder.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge, which alone or in conjunction with a discharge or discharges from other sources, causes the inhibition or disruption of the POTW treatment process or operations or its sludge processes, use or disposal and, therefore, is the cause of a violation of the Township's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder or any more stringent state or local regulations: § 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the "Resource Conservation and Recovery Act (RCRA)"; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substance Control Act; and the Marine Protection, Research and Sanctuaries Act.

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

NATIONAL CATEGORICAL PRETREATMENT STANDARD

Any regulation heretofore or hereafter adopted by the United States Environmental Protection Agency containing any pollutant discharge limits heretofore or hereafter promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users, as set forth in 40 CFR Chapter 1, Subchapter N.

[Amended 7-13-2000 by Ord. No. 2000-704]

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of § 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of the proposed pretreatment standards pursuant to § 307(c) of the Act, which will be applicable to such source if the standards are thereafter promulgated in accordance with that section, provided that:

The building, structure, facility or installation is constructed at a site at which no other source is located; or

The process or production equipment that causes the discharge of pollutants at an existing source is totally replaced; or

The production or wastewater generating processes are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(1) or C but otherwise alters, replaces or adds to existing process or production equipment.

Construction of a new source, as defined herein, has commenced if the owner or operator has:

Begun or caused to begin, as part of a continuous on-site construction program, any placement, assembly or installation of facilities or equipment; or significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities, which is necessary for the placement, assembly or installation of new source facilities or equipment.

PRETREATMENT REQUIREMENTS

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial losses and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this Subsection C(2).

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

PASS-THROUGH

A discharge which exits the POTW into the waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of the POTW's national pollutant discharge elimination system "NPDES" permit, including an increase in the magnitude or duration of a violation.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution, a measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT

Any dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, industrial, municipal and agricultural wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbitity, color, BOD, COD, toxicity or odor).

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an user. Any substantive or procedural provision of the Federal Water Pollution Control Act (62 Stat. 115, 33 U.S.C. § 1251 et seq.) or the Act of June 22, 1937 (P.L. 1987, No. 394),[2] known as the "Clean Streams Law," or any rule or regulation, ordinance or term or condition of a permit or order adopted or issued by the commonwealth or a POTW for the implementation or enforcement of an industrial waste pretreatment program established under the Federal Water Pollution Control Act or the Clean Steams Law.

PRETREATMENT STANDARD

Prohibited discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 133-38A.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292), which is operated by the Township. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, the "POTW" shall also include any sewers that convey wastewaters to the "POTW" from persons outside the Township who are, by contract or agreement with the Township, users of the Township's "POTW." This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SIGNIFICANT INDUSTRIAL USER

A user subject to categorical pretreatment standards.

A user that:

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontract cooling and boiler blowdown wastewater).

Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.

Is designated as such by the Township by the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

SIGNIFICANT NONCOMPLIANCE (SNC)

Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Township may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a "significant industrial user."

An industrial user or user is in significant noncompliance if its violation meets one or more of the specific criteria set forth in 40 CFR 403.8(f)(2)(viii). For purposes of this definition, a user is in significant noncompliance if its violation meets one or more of the following criteria:

[Amended 6-21-2007 by Ord. No. 2007-762]

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1).

Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).

Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit or narrative standard) that the Director of Public Works determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of Township personnel or the general public).

Any discharge of pollutants that has caused imminent endangerment to the public health and welfare or to the environment or has resulted in the Director of Public Works' exercise of his emergency authority to halt or prevent such a discharge.

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.

Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.

Failure to accurately report noncompliance.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Any other violation(s), which may include violation of best management practices, which the Director of Public Works determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG DISCHARGE

Any pollutant released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) and/or any discharge of nonroutine nature, episodic nature, including but not limited to accidental spills or noncustomary batch discharges, which has a reasonable potential to cause interference or pass-through, or in any other way violate the Township's regulations, prohibited discharge standards in this article, local limits or NPDES permit conditions.

[Amended 6-21-2007 by Ord. No. 2007-762]

A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STATE

The State of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom, including snow melt.

SUPERINTENDENT

The person designated by the Township to supervise the operation of the publicly owned treatment works.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.

TOWNSHIP

Upper Merion Township or the Board of Supervisors of Upper Merion Township.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA § 307(a) or other acts.

USER OR INDUSTRIAL USER

Any person who contributes, causes or permits the indirect discharge of wastewaters into the Township's POTW.

WASTEWATER

The liquid and water-carried industrial and domestic wastes and sewage from dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER TREATMENT PLANT OR TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portions thereof.

§ 133-38 Discharge prohibited; standards; storage.

Editor's Note: See 35 P.S. § 691.1 et seq.

[2]

Editor's Note: See 35 P.S. § 691.1 et seq.

§ 133-37 Abbreviations and acronyms.

The following abbreviations or acronyms shall have the designated meanings:

AO	Administrative Order
BAT	Best Available Treatment
BATEA	Best Available Technology Economically Achievable
BCT	Best Control Technology
BMP	Best Management Practices
BMR	Baseline Monitoring Report
B/N	Base/Neutral
BOD	Biochemical Oxygen Demand
BPJ	Best Professional Judgment
BPT	Best Professional Technology
CERCLA	Comprehensive Environmental Response, Compensation and Liability Act
CFR	Code of Federal Regulations
CIU	Categorical Industrial User
COD	Chemical Oxygen Demand
CSO	Combined Sewer Overflow
CWA	Clean Water Act
CWF	Combined Waste Stream Formula
DMR	Discharge Monitoring Report
DSS	Domestic Sewage Study
EMS	Enforcement Management System
EP	Extraction Procedure
EPA	Environmental Protection Agency of the United States
FDF	Fundamentally Different Factor
FOV	Finding of Violation
FOG	Fats, Oil and Grease
FR	Federal Register
FTE	Full-Time Equivalent
FWA	Flow-Weighted Averaging
FWPCA	Federal Water Pollution Control Act
GC/MS	Gas Chromatograph/Mass Spectrophotometry
gpd	gallons per day
I+I	Infiltration and Inflow
IU	Industrial User
IWS	Industrial Waste Survey
MAHL	Maximum Allowable Headworks Loading
MGD	Million Gallons Per Day
mg/l	milligrams per liter
MOU	Memorandum of Understanding
MSDS	Material Safety Data Sheet
NIOSH	National Institute of Occupational Safety and Health
NMP	National Municipal Policy
NPDES	National Pollutant Discharge Elimination System
NON	Notice of Noncompliance
NOV	Notice of Violation
OCPSF	Organic Chemicals, Plastics and Synthetic Fibers
O&G	Oil and Grease
O&M	Operations and Maintenance
OSHA	Occupational Safety and Health Administration
OWEC	Office of Water Enforcement and Compliance
PAD	Proportioned Actual Domestic Flow
PAH	Polynuclear Aromatic Hydrocarbons
PAI	Proportioned Actual Industrial Flow
PASS	Pretreatment Audit Summary System
PCB	Polychlorinated Biphenols
PCI	Pretreatment Compliance Inspection
PCME	Pretreatment Compliance Monitoring and Enforcement
PCS	Permit Compliance System
PIRT	Pretreatment Implementation Review Task Force
POTW	Publicly Owned Treatment Works
ppd	pounds per day
ppm	parts per million
ppb	parts per billion
PPETS	Pretreatment Permits Enforcement Tracking System
PQR	Permit Quality Review
PSNS	Pretreatment Standards for New Sources
PSES	Pretreatment Standards for Existing Sources
QA/QC	Quality Assurance/Quality Control
QNCR	Quarterly Noncompliance Report
RCRA	Resource Conservation and Recovery Act
RNC	Reportable Noncompliance
SARA	Superfund Amendments and Reauthorization Act
SIC	Standard Industrial Classification
SIU	Significant Industrial User
SMP	Solvent Management Plan
SNC	Significant Noncompliance
SPCC	Spill Prevention Control and Countermeasures
SPMS	Strategic Planning and Management System
STP	Sewage Treatment Plant
STLC	Soluble Threshold Limit Concentration
SUO	Sewer Use Ordinance
SWDA	Solid Waste Disposal Act
TCLP	Toxicity Characteristic Leachate Procedure
TDS	Total Dissolved Solids
TICH	Total Identifiable Chlorinated Hydrocarbons
TOMP	Toxic Organic Management Plan
TRC	Technical Review Criteria
TRE	Toxicity Reduction Evaluations
TSS	Total Suspended Solids
TTO	Total Toxic Organics
TTLC	Total Threshold Limit Concentration
USC	United States Code
VOA	Volatile Organic Analysis
VOC	Volatile Organic Compounds
VSS	Volatile Suspended Solids
WENDB	Water Enforcement National Data Base
WQA	Water Quality Act
WQS	Water Quality Standards
WWTP	Wastewater Treatment Plant

General discharge prohibitions and standards. No user shall contribute, introduce or cause to be contributed or introduced, directly or indirectly, into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not the user is subject to Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements.

Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:

Pollutants which create a fire or explosive hazard in the POTW, including but not limited to waste streams with a closed-cup flashpoint of less than 140° F. [60° C. using the text methods specified in 40 CFR 261.21.

Wastewater having a pH less than 6.0 or more than 10.0 or otherwise causing corrosive structural damage to the POTW or equipment.

[Amended 4-25-2002 by Ord. No. 2002-721]

Solid or vicous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference [but in no case solids greater than one-half (1/2) inch in any dimension].

Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

[Amended 1-20-2005 by Ord. No. 2005-741]

Wastewater having a temperature greater than 104° F. (40° C.) or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F. (40° C.).

Petroleum oil, nonbiodegradable oil or products of mineral oil origin, in amounts that will cause interference or pass-through.

Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

Trucked or hauled pollutants, except at discharge points designated by the Director of Public Works in accordance with this article.

(9)

Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair.

(10)

Wastewater which imparts color which cannot be removed by the treatment process, such as but not limited to dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the Township's NPDES permit.

(11)

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.

(12)

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the Director of Public Works.

(13)

Sludges, screenings or other residues from the pretreatment of industrial wastes.

(14)

Medical wastes, except as specifically authorized by the Director of Public Works.

(15)

Wastewater causing, alone or in conjunction with other sources, the treatment's plant effluent to fail a toxicity test.

(16)

Detergents, surface-active agents, phosphates or other substances which may cause excessive foaming in the POTW.

[Amended 1-20-2005 by Ord. No. 2005-741]

(17)

Fats, oils or greases of animal or vegetable origin in concentrations greater than 100 mg/l.

[Amended 4-25-2002 by Ord. No. 2002-721]

(18)

Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW or at any point in the POTW of more than 5% or any single reading over 10% of the lower explosive limit of the meter.

(19)

Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

(20)

The discharge of toxic or hazardous wastes, as defined in the Act or the RCRA.

In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed any time period longer than 15 minutes or contain more than five times the average twenty-four-hour concentration of flow during normal operation or otherwise constitute a slug discharge.

When the Director of Public Works determines that a user(s) in contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Director of Public Works shall:

Advise the user(s) of the impact of the contribution on the POTW.

Develop effluent limitation(s) for such user to correct the interference with the POTW.

§ 133-39 National Categorical Pretreatment Standards.

Proceed with enforcement pursuant to the provisions of this article.

Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in a manner that they could be discharged to the POTW.

[Amended 7-13-2000 by Ord. No. 2000-704; 4-25-2002 by Ord. No. 2002-721]

The categorical pretreatment standards now found or hereafter found at 40 CFR, Chapter 1, Subchapter N, are hereby incorporated in this article by reference as though set forth in full and shall apply to significant industrial users, including categorical industrial users, pursuant to the definitions set forth in this article and as set forth in Resolution No. 95-55[1] of Upper Merion Township.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director of Public Works may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director of Public Works shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.

A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

§ 133-40 Modification of National Categorical Pretreatment Standards.

Editor's Note: Said resolution is on file in the Township offices.

Where the Township's wastewater treatment system achieves consistent removal of pollutants limited by National Pretreatment Standards, the Township may apply to the Approval Authority for modification of specific limits in the National Pretreatment Standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, General Pretreatment Regulations for Existing and New Sources of Pollution, promulgated pursuant to the Act. The Township may then modify pollutant discharge limits in the National Pretreatment Standards if the requirements contained in 40 CFR 403, § 403.7, are fulfilled and prior approval from the Approval Authority is obtained.

§ 133-41 More stringent standards to apply.

State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.

Township's right of revision. The Township reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 133-34 of this article.

§ 133-42 Dilution.

No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director of Public Works may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

§ 133-43 Accidental discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Township for review and shall be approved by the Township before construction of the facility. All existing users shall complete such a plan by January 1, 1994. No user shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Township. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Written notice. Within five days following an accidental discharge, the user shall submit to the Director of Public Works a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause or suffer such an accidental discharge to occur are advised of the emergency notification procedures.

§ 133-43.1 Best management practices (BMPs).

[Added 6-21-2007 by Ord. No. 2007-762]

The Township, at its sole discretion, may develop BMPs to comply with 40 CFR 403.5(c)(1) and (2). Such BMPs shall be considered local limits and pretreatment standards for the purposes of 40 CFR 403 and Section 307(d) of the Clean Water Act. The Township, also at its sole discretion, may allow a user to implement BMPs to meet the prohibitions listed in 40 CFR 403.5(a)(1) and (b).

§ 133-44 Local limits.

Local limits shall be established by the Township by resolution. The local limits shall be on a uniform concentration limit basis or selected reductions for specific industrial users. The pollutant limits established by the local limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of instantaneous maximum allowable discharge limits as established by Township resolution. The local limits as established by Township resolution shall apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Director of Public Works may impose mass limitations in addition to or in place of the concentration-based limitations.

§ 133-45 Pretreatment facilities.

Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all Categorical Pretreatment Standards, local limits and the prohibitions set out in § 133-38 of this article within the time limitations specified by the EPA, the state or the Director of Public Works, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director of Public Works for review and shall be acceptable to the Director of Public Works before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Township under the provisions of this article.

Whenever deemed necessary, the Director of Public Works may require users to restrict their discharge during peak flow periods, designate that certain wastewater to be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams and such other conditions as may be necessary to protect the POTW and determine the User's compliance with the requirements of this article.

The Director of Public Works may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

Grease, oil and sand interceptors shall be provided by the user when, in the opinion of the Director of Public Works, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Director of Public Works and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at its expense.

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

§ 133-46 Accidental discharge/slug control plans.

[Amended 6-21-2007 by Ord. No. 2007-762]

An accidental discharge/slug control plan, as prescribed under 40 CFR 408.8(f)(2)(vi), may be required:

For all new sources/new users. Where required by the Director of Public Works, detailed plans showing facilities and operating procedures to provide protection from accidental discharges or slugs shall be submitted to the Township for review and shall be approved by the Township before construction of the facility.

For existing sources/new users. The Director of Public Works shall evaluate whether each new user needs an accidental discharge/slug control plan within one year of the date on inclusion in the Industrial Pretreatment Program.

For existing sources/existing users. The Director of Public Works shall evaluate whether each user needs an accidental discharge/slug control plan on a routine basis.

If an accidental discharge/slug control plan is required, the Director of Public Works may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director of Public Works may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges.

Description of stored chemicals.

Procedures for immediately notifying the Director of Public Works of any accidental or slug discharge.

§ 133-50 Wastewater discharge permit required.

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures shall include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

When an existing source is required by the Director of Public Works to provide and/or modify an accidental discharge/slug control plan, the user shall provide the plan within 60 days of notification. Should the plan require construction or implementation of measures to meet compliance, the plan shall provide a schedule for those actions. After initial review, should additional information be required to provide a complete plan, it shall be furnished to the Director of Public Works within 30 days. Failure to submit a revised plan and/or failure to provide a complete plan after the thirty-day submission period may render the wastewater discharge permit void.

The Township's review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this article.

If not specifically required by the Director of Public Works, the information, requirements, etc., called for in a plan are not waived by the Township and the user shall, in its own and sole judgment, provide all necessary items, procedures, etc., to prevent any accidental discharge and/or slug discharge to the POTW.

All users are required to notify the Township immediately of any changes at their facilities affecting the potential for an accidental discharge and/or slug discharge to the POTW.

§ 133-47 Hauled wastewater.

Septic tank waste may be introduced into the POTW only at locations designated by the Director of Public Works and at such times as are established by the Director of Public Works. Such waste shall not violate this article or any other requirements established by the Township. The Director of Public Works may require septic tank waste haulers to obtain wastewater discharge permits.

The Director of Public Works shall require haulers of industrial waste to obtain wastewater discharge permits. The Director of Public Works may require generators of hauled industrial waste to apply for wastewater discharge permits. The Director of Public Works also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this article.

Industrial waste haulers may discharge loads only at locations designed by the Director of Public Works. No load may be discharged without prior written consent of the Director of Public Works. The Director of Public Works may collect samples of each hauled load to ensure compliance with applicable standards. The Director of Public Works may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazard wastes.

§ 133-48 Wastewater discharge.

It shall be unlawful to discharge within Upper Merion Township or in any area under the jurisdiction of the Township and/or to the POTW any wastewater except as authorized by the Director of Public Works in accordance with the provisions of this article, subject to state and federal laws and regulations.

§ 133-49 Wastewater analysis.

When requested by the Director of Public Works, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The Director of Public Works is authorized to prepare a form for this purpose and may periodically require users to update this information.

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director of Public Works. A permitted user may discharge for the time period specified in the permit.

The Director of Public Works may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

§ 133-51 Continuation of discharge.

Any user required to obtain a wastewater discharge permit who or which was discharging wastewater into the POTW prior to the effective date of this article and who or which wishes to continue such discharges in the future shall, within 30 days after said date, apply to the Director of Public Works for a wastewater discharge permit in accordance with this article. Said user shall not cause or allow discharges to the POTW to continue after 30 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Director of Public Works.

§ 133-52 New connections.

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

§ 133-53 Permit application contents.

Users required to obtain a wastewater discharge permit shall complete and file with the Township an application in the form prescribed in this article. The Director of Public Works may require all users to submit as part of an application the following information:

All information required by §§ 133-63 through 133-75.

A description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW.

The number and type of employees, hours of operation and proposed or actual hours of operation.

Each product produced by type, amount, process or processes and rate of production.

The type and amount of raw materials processed (average and maximum per day).

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation, and all points of discharge.

The time and duration of discharges.

Wastewater constituents and characteristics sampling and analysis, performed in accordance with § 304(g) of the Act and 40 CFR 136, as amended.

(9)

Any other information as may be deemed necessary by the Director of Public Works to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

§ 133-54 Permit decisions.

The Director of Public Works will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the Director of Public Works will determine whether or not to issue a wastewater discharge permit. The Director of Public Works may deny any application for a wastewater discharge permit, which does not comply with the requirements of this article or applicable federal and state statutes and regulations.

§ 133-55 Permit duration.

A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Director of Public Works. Each wastewater discharge permit will indicate a specific date upon which it will expire.

§ 133-56 Permit contents.

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director of Public Works to prevent pass-through or interference, to protect the quality of the water body receiving the treatment plant's effluent, to protect worker health and safety, to facilitate sludge management and disposal and to protect against damage to the POTW.

Wastewater discharge permits must contain:

A statement that indicates the wastewater discharge permit duration, which in no event shall exceed five years.

A statement that the wastewater discharge permit is nontransferable without prior notification to the Township in accordance with §§ 133-57 and 137-59 of this article, and provisions for furnishing the new owners or operator with a copy of the existing wastewater discharge permit.

Effluent limits based on applicable pretreatment standards.

Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law.

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

Wastewater discharge permits may contain but need not be limited to the following conditions:

Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization.

Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works.

Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges.

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.

Requirements for installation and maintenance of inspection and sampling facilities and equipment.

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.

Other conditions as deemed appropriate by the Director of Public Works to ensure compliance with this article, and state and federal laws, rules and regulations.

§ 133-57 Appeals.

The Director of Public Works shall provide notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Director of Public Works to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

If the Director of Public Works fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Court of Common Pleas of Montgomery County within 30 days of the final administrative wastewater discharge permit decision.

§ 133-58 Permit modification.

The Director of Public Works may modify a wastewater discharge permit for good cause, including but not limited to the following reasons:

To incorporate any new or revised federal, state or local pretreatment standards or requirements.

To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance.

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Information indicating that the permitted discharge poses a threat to the Township's POTW, Township personnel or the receiving waters.

Violation of any terms or conditions of the wastewater discharge permit.

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

To correct typographical or other errors in the wastewater discharge permit.

To reflect a transfer of the facility ownership or operation to a new owner or operator.

§ 133-59 Permit transfer.

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without approval of the Township. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit, as well as any additional terms and conditions which may be required as a result of the proposed transfer.

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 90 days' advance notice to the Director of Public Works and he approves the wastewater discharge permit transfer. The notice to the Director of Public Works must include a written certification by the new owner or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.

Identifies the specific date on which the transfer is to occur.

Acknowledge full responsibility for complying with the existing wastewater discharge permit.

Completes an application pursuant to §§ 133-53 and 133-54.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

§ 133-60 Permit revocation.

The Director of Public Works may revoke a wastewater discharge permit for good cause, including but not limited to the following reasons:

Failure to notify the Director of Public Works of significant changes to the wastewater prior to the changed discharge.

Failure to provide prior notification to the Director of Public Works of changed conditions pursuant to § 133-67.

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

Falsifying self-monitoring reports.

Tampering with monitoring equipment.

Refusing to allow the Director of Public Works or his designated representative timely access to the facility premises and records.

Failure to meet effluent limitations.

§ 133-62 Regulation of waste received from other jurisdictions.

Failure to pay fines.

(9)

Failure to pay sewer charges.

(10)

Failure to meet compliance schedules.

(11)

Failure to complete a wastewater survey or the wastewater discharge permit application.

(12)

Failure to provide advance notice of the transfer of business ownership of a permitted facility.

(13)

Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or this article.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

§ 133-61 Permit reissuance.

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 133-53 of this article a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. It is the responsibility of the user to request a permit application from no less than 120 days prior to the expiration of the existing permit. The application shall include calibration reports on flow monitoring devices used during the term of the prior permit.

If another municipality or user located within another municipality contributes wastewater to the POTW, the Township shall enter into an intermunicipal agreement with the contributing municipality.

Prior to entering into an agreement required by Subsection A above, the Director of Public Works shall request the following information from the contributing municipality:

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality.

An inventory of all users located within the contributing municipality that are discharging to the POTW.

Such other information as the Director of Public Works may deem necessary.

An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in § 133-44 of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Township's ordinance or local limits.

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis.

A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement will be conducted by the contributing municipality; which of these activities will be conducted by the Director of Public Works; and which of these activities will be conducted jointly by the contributing municipality and the Director of Public Works.

A requirement for the contributing municipality to provide the Director of Public Works with access to all information that the contributing municipality obtains as part of its pretreatment activities.

Limits on the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the POTW.

Requirements for monitoring the contributing municipality's discharge.

A provision ensuring the Director of Public Works or his designated representative access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the Director of Public Works.

A provision specifying remedies available for breach of the terms of the intermunicipal agreement and authorizing the Township to take legal action to enforce the terms of the contributing municipality's ordinance or impose and enforce pretreatment standards.

§ 133-63 Baseline monitoring reports.

Within either 180 days after the effective date of a Categorical Pretreatment Standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director of Public Works a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Director of Public Works a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described above shall submit the information set forth below:

Identifying information. The name and address of the facility, including the name of the operator and owner.

Environmental permits. A list of any environmental control permits held by or for the facility.

Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary to allow use of the combined wastes stream formula set out in 40 CFR 403.6(e). Flow measuring devices shall be approved by the Director of Public Works prior to installation. The flow measuring device shall be compatible with the process involved and shall be accurate. All flow measuring devices shall be calibrated semiannually, which calibration report shall be included as part of the permit application.

Measurement of pollutants.

The Categorical Pretreatment Standards applicable to each regulated process.

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Director of Public Works, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 133-72 of this article.

Sampling must be performed in accordance with procedures set out in § 133-72 of this article.

Certification. A statement, reviewed by the user's authorized representative and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 133-64 of this article.

§ 133-64 Compliance schedule progress reports.

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 133-53C of this article.

The following conditions shall apply to the schedule required by § 133-63B(7) of this article:

The schedule shall contain progress increments (milestones) in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include but are not limited to hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operation).

No increment referred to above shall exceed six months.

The user shall submit a progress report to the Director of Public Works no later than 14 days following each date in the schedule and the final date for compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return the construction to the established schedule.

In no event shall more than one month elapse between such progress reports to the Director of Public Works.

§ 133-65 Report on compliance with Categorical Pretreatment Standard deadline.

Within 90 days following the date for final compliance with applicable Categorical Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director of Public Works a report containing the information described in § 133-63B(4) through (6) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 133-53C of this article.

§ 133-66 Periodic compliance reports; samples to be representative.

All significant industrial users shall, at a frequency determined by the Director of Public Works but in no case less than quarterly, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 133-53C of this article.

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of the user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director of Public Works, using the procedures prescribed in § 133-72 of this article, the results of this monitoring shall be included in the report.

If a user must implement a BMP to comply with federal pretreatment standards or requirements or any other condition of this article, the user shall submit any and all documentation required by the Township to the Director of Public Works at the frequency specified by the Township to evaluate compliance. The Township may also require any user to submit any information or data at any frequency it deems necessary to determine compliance with this article.

[Added 6-21-2007 by Ord. No. 2007-762]

§ 133-67 Reports of changed conditions.

Each user must notify the Director of Public Works of any planned significant changes to the user's operations or systems which might alter the nature, quality or volume of its wastewater at least 90 days before the change.

The Director of Public Works may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 133-53 of this article.

The Director of Public Works may issue a wastewater discharge permit under § 133-54 of this article or modify an existing wastewater discharge permit under § 133-59 of this article in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes include but are not limited to flow increases of 20% or greater and the discharge of any previously unreported pollutants.

§ 133-68 Reports of potential problems.

In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Director of Public Works of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

Within five days following such discharge, the user shall submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this article.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

§ 133-69 Reports from unpermitted users.

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director of Public Works as the Director of Public Works may require.

§ 133-70 Notice of violation; resampling.

If sampling performed by a user indicates a violation, the user must notify the Director of Public Works within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the result of the repeat analysis to the Director of Public Works within 30 days after becoming aware of the violation. The user is not required to resample if the Director of Public Works monitors at the user's facility at least once a month or if the Director of Public Works samples between the user's initial sample and when the user receives the results of this sampling.

§ 133-71 Analytical requirements.

All pollutant analyses, including sample techniques, to be submitted as a part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

§ 133-72 Sample collection.

Except as indicated in Subsection B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the Director of Public Works may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.

The Director of Public Works may allow grab samples for certain parameters to be composited in the laboratory prior to analysis.

[Added 6-21-2007 by Ord. No. 2007-762]

§ 133-73 Submittal date.

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

§ 133-74 Recordkeeping.

[Amended 6-21-2007 by Ord. No. 2007-762]

Users subject to the reporting requirements of this article shall maintain, and make available for inspection and copying by the Director of Public Works, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, records associated with implementation of BMPs. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses and any other information or data deemed necessary by the Township. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Township or where the user has been specifically notified of a longer retention period by the Director of Public Works.

§ 133-75 Discharge of hazardous waste.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user; an identification of the hazardous constituents contained in the wastes, and estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 133-67 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to Categorical Pretreatment Standards under the self-monitoring requirements of §§ 133-63, 133-65 and 133-66 of this article.

Dischargers are exempt from the requirements of Subsection A above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste to not require additional notification.

In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Director of Public Works, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

The provisions in this section do not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder or any applicable federal or state law.

§ 133-76 Right of entry.

The Director of Public Works or his designated representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the Director of Public Works or his designated representative access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties. A user shall not obstruct, block or otherwise interfere with access to the sampling point(s).

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director of Public Works or his designated representative will be permitted to enter without delay for the purposes of performing specific responsibilities.

The Director of Public Works or his designated representative shall have the right to set up on the user's property or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.

The Director of Public Works or his designated representative may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated semiannually to ensure their accuracy.

Any temporary or permanent obstruction of safe and easy access to the facility to be inspected and/or stamped shall be promptly removed by the user at the written or verbal request of the Director of Public Works or his designated representative and shall not be replaced. The costs of clearing such access shall be borne by the user.

Unreasonable delays in allowing the Director of Public Works or his designated representatives access to the user's premises shall be a violation of this article.

§ 133-77 Search warrants.

If the Director of Public Works or his designated representative has been refused access to a building, structure or property or any part thereof and is able to demonstrate probable cause to believe that there may be a violation of this article; or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Township designed to verify compliance with this article or any permit or order issued hereunder; or to protect the overall public health, safety and welfare of the community, then the Township Manager may seek issuance of a search warrant from the Court of Common Pleas of Montgomery County, Pennsylvania.

§ 133-78 Information to be confidential.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, monitoring programs and from the Director of Public Work's inspection and sampling activities shall be available to the public without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director of Public Works that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined by 40 CFR 2.302, will not be recognized as confidential information and will be available to the public without restriction.

§ 133-79 Publication of users in significant noncompliance.

[Amended 6-21-2007 by Ord. No. 2007-762]

The Director of Public Works shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:

Failure to accurately report noncompliance.

§ 133-80 Notification of violation.

When the Director of Public Works finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Director of Public Works may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director of Public Works. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director of Public Works to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

§ 133-81 Consent orders.

The Township may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 133-83 and 133-84 of this article.

§ 133-82 Show cause hearing.

The Director of Public Works may order a user which has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement to appear before the Director of Public Works and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against or prerequisite for taking any other action against the user.

§ 133-83 Compliance orders.

When the Director of Public Works finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Director of Public Works may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against or a prerequisite for taking any other action against the user.

§ 133-84 Cease and desist orders.

When the Director of Public Works finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement or that the user's past violations are likely to recur, the Director of Public Works may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements; and

§ 133-85 Administrative violations and penalties.

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against or a prerequisite for taking any other action against the user.

A lien against the user's property will be sought for unpaid charges, fines and penalties.

Users desiring to dispute such fines must file a written request for the Director of Public Works to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Director of Public Works may convene a hearing on the matter. In the event that the user's appeal is successful, the payment, together with any interest accruing there on, shall be returned to the user. The Director of Public Works may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the user.

§ 133-86 Emergency suspensions.

The Director of Public Works may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Director of Public Works may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW or which represents or may present an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director of Public Works may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Director of Public Works may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director of Public Works that the period of endangerment has passed, unless the termination proceedings in § 133-87 of this article are initiated against the user.

§ 133-87 Conditions for termination of discharge.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director or Public Works prior to the date of any show cause or termination hearing under § 133-82 or 133-87 of this article.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

In addition to the provisions in § 133-61 of this article, any user who violates the following conditions is subject to discharge termination:

Violation of wastewater discharge permit conditions.

Failure to accurately report the wastewater constituents and characteristics of its discharge.

Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.

§ 133-89 Additional violations and penalties.

Violation of the pretreatment standards in §§ 133-38 through 133-44 of this article.

Such user will be notified of proposed termination of its discharge and be offered an opportunity to show cause under § 133-82 of this article why the proposed action should not be taken. Exercise of this option by the Director of Public Works shall not be a bar to or a prerequisite for taking any other action against the user.

§ 133-88 Injunctive relief.

When the Director of Public Works finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Township Manager, on behalf of the Township, may petition the Court of Common Pleas of Montgomery County, Pennsylvania, through the Township's attorney for appropriate legal and equitable relief, including the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this ordinance on activities of the user. Relief requested may also include requirements for environmental remediation. A petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against a user.

A user who has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement shall be liable to the Township for a maximum civil penalty of $25,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. Such penalty may be assessed in accordance with § 133-95 of this article.

The Director of Public Works may recover reasonable attorneys' fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Township.

In determining the amount of civil liability, there shall be taken into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.

Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any other action against a user.

§ 133-90 Criminal prosecution.

A user who willfully or negligently violates any provision of this article, a wastewater discharge permit, order issued hereunder any other pretreatment standard or requirement or who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage or any user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, a wastewater discharge permit or order issued under this article or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, may be subject to criminal prosecution in accordance with the applicable provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.

§ 133-91 Remedies nonexclusive; enforcement.

The remedies provided for in this article are not exclusive. The Director of Public Works may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Township's enforcement response plan. However, the Director of Public Works may take other action against any user when the circumstances warrant. Further, the Director of Public Works is empowered to take more than one enforcement action against any noncompliant user.

§ 133-92 Performance bonds.

The Director of Public Works may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the Township, in a sum not to exceed a valued determined by the Director of Public Works to be necessary to achieve consistent compliance.

§ 133-93 Liability insurance.

The Director of Public Works may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement unless the user submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

§ 133-94 Public nuisances.

A violation of any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Director of Public Works. Any person(s) creating a public nuisance shall be subject to the provisions of the Second Class Township Code[1] and applicable Township ordinances governing such nuisances, including reimbursing the Township for any costs incurred in removing, abating or remedying said nuisance.

§ 133-95 Assessment of civil penalties.

Editor's Note: See 53 P.S. § 65101 et seq.

Pursuant to the provisions of Act 9 of 1992,[1] providing for enhanced penalty authority for publicly owned treatment works which are authorized to enforce industrial pretreatment standards for industrial waste discharges, and in addition to proceeding under any other remedy available at law or equity for violation of pretreatment standards and/or requirements, the Township, as the operator of a publicly owned treatment works, may assess a civil penalty upon an industrial user for violation of any of the terms and provisions of this article. The penalty may be assessed whether or not the violation was willful or negligent. The civil penalty shall not exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct defense under this section.

Editor's Note: See 35 P.S. § 752.1 et seq.

As part of any notice of assessment of civil penalties issued by the Township to an industrial user, there shall also be included a description of the applicable appeals process to be followed, including the name, address and telephone number of the person responsible for accepting such appeal on behalf of the Township.

For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pretreatment standard or requirement shall be treated as a single violation as required by Federal Water Pollution Control Act. The Township may, however, recover its costs for reestablishing the operation of the treatment works in addition to any civil penalty imposed under this section.

The Board of Supervisors of the Township shall publicly adopt a formal, written civil penalty assessment policy and make it publicly available. Each industrial discharger participating in the pretreatment program shall be given written notice of the policy. The penalty assessment policy shall consider:

Damage to air, water, land or other natural resources of the Commonwealth of Pennsylvania and their uses.

Costs of restoration and abatement.

Savings resulting to the person in consequence of the violation.

History of past violations.

Deterrence of future violations.

Other relevant factors.

Uses for penalties.

All civil penalties collected pursuant to this section shall be placed by the Township in a restricted account and shall only be used by the Township and the publicly owned treatment works for the following uses:

The repair of damage and any additional maintenance needed or any additional costs imposed as a result of the violation for which the penalty was imposed.

To pay any penalties imposed on the Township or the publicly owned treatment works by the federal or state government for violation of pretreatment standards.

For the costs incurred by the Township or publicly owned treatment works to investigate and take the enforcement action that resulted in a penalty being imposed.

(d)

For the monitoring of discharges in the pretreatment program and for capital improvements to the treatment works, including sewage collection lines, which may be required by the pretreatment program.

Any remaining funds may be used for capital improvements to the treatment works, including collection lines.

Injunctive relief.

The Township shall have the power to obtain injunctive relief to enforce compliance with or to restrain any violation of any pretreatment requirement or standard pursuant to and in accordance with the provisions of Act 9 of 1992,[2] and 40 CFR 403.8(f)(1)(vi)(A). Injunctive relief shall be available upon the showing of one or more of the following:

A discharge from an industrial user presents an imminent or substantial harm to the POTW or the public.

A discharge from an industrial user presents an imminent or substantial endangerment to the environment.

A discharge from an industrial user causes the POTW to violate any condition of its discharge permit.

(d)

The industrial user has shown a lack of ability or intention to comply with a pretreatment standard.

[2]

Editor's Note: See 35 P.S. § 752.1 et seq.

Notwithstanding Subsection F(1), an injunction affecting an industrial operation not directly related to the condition or violation in question may be issued if the court determines that other enforcement procedures would not be adequate to affect prompt correction of the condition or violation. In addition to an injunction, the court in any such proceedings may levy civil penalties in accordance with Act 9 of 1992 and this Article.

Appeal. An industrial user assessed with a civil penalty under the terms of this section shall have the right to file an appeal to contest either the amount of the penalty or the fact of the violation, within 30 days of the assessment of the civil penalty, pursuant to 2 Pa.C.S.A. § 101 et seq. (relating to administrative law and procedure). Failure to appeal within this period shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.

[Amended 4-25-2002 by Ord. No. 2002-721]

The penalty authorized in this section is intended to be concurrent and cumulative, and the provisions of this section shall not abridge or alter any right of action or remedy now or hereafter existing in equity or under the common law or statutory law, criminal or civil, available to a person, the Township or the commonwealth.

§ 133-96 Falsifying information.

Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be prosecuted in accordance with the provisions of the Pennsylvania Crimes Code pertaining to perjury and falsification in official matters pursuant to 18 Pa.C.S.A. § 4901 et seq.

§ 133-97 Upset.

For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designated treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of Subsection C below are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:

An upset occurred and the user can identify the cause(s) of the upset;

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

The user has submitted the following information to the Director of Public Works within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

A description of the indirect discharge and cause of noncompliance;

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

§ 133-98 Ignorance of discharge; affirmative defense.

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with Categorical Pretreatment Standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with Categorical Pretreatment Standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in situations where, among other things, the primary source of power of the treatment facility is reduced or lost or fails.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 133-38 of this article or the specific prohibitions in § 133-38B through D, except B(1), (2) and (8), if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to and during the pass-through or interference; or

No local limits exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the Township was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

§ 133-99 Bypass.

For the purposes of this section:

"Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility.

"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsections C and D of this section.

Notice.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director of Public Works at least 10 days before the date of the bypass if possible.

A user shall submit oral notice to the Director or Public Works of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.

Bypass prohibited.

Bypass is prohibited, and the Director of Public Works may take an enforcement action against a user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury or severe property damage.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during a normal period of equipment downtime or preventive maintenance.

The user submitted notices as required under Subsection C of this section.

The Director of Public Works, may approve an anticipated bypass, after considering its adverse effects, if the Director of Public Works determines that it will meet the three conditions listed in Subsection D(1) of this section.

§ 133-100 Charges and fees.

It is the purpose of this article to provide for the recovery of costs from users of the Township's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Township's Schedule of Charges and Fees.

The Township may adopt by resolution charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the Township's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for filing appeals.

Fees for consistent removal (by the Township) of pollutants otherwise subject to Federal Pretreatment Standards.