[Amended 2-22-2005 by Ord. No. 326]
Unless the context specifically indicates otherwise, the meaning of terms used in this Part 4 shall be as follows.
A.
ACTS
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF USER
(1)
(2)
(3)
(4)
(a)
(b)
(c)
AVERAGE DAILY FLOW
BEST MANAGEMENT PRACTICE (BMP)
BOD (denotes "biochemical oxygen demand")
BYPASS
CATEGORICAL INDUSTRY
CATEGORICAL STANDARDS
COD (denotes "chemical oxygen demand")
COMMERCIAL ESTABLISHMENT
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
CONTROL AUTHORITY
DAILY MAXIMUM
DAILY MAXIMUM LIMIT
DARA
ENGINEER
EPA
EXTRA-STRENGTH WASTEWATER
GARBAGE
GRAB SAMPLE
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL USER
INDUSTRIAL WASTEWATER
INDUSTRIAL WASTE DISCHARGE PERMIT
INSTANTANEOUS LIMIT
INTERFERENCE
LOCAL DISCHARGE LIMITS
MONTHLY AVERAGE
MONTHLY AVERAGE LIMIT
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NPDES PERMIT
NATIONAL PROHIBITED DISCHARGE STANDARD or PROHIBITED DISCHARGE
NEW SOURCE
NONCONTACT COOLING WATER
OWNER
PASS-THROUGH
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
PERMIT
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT COORDINATOR
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARD
PRIVATE DWELLING OR LIVING UNIT
QUALIFIED PROFESSIONAL
SANITARY SEWAGE, DOMESTIC SEWAGE or SEWAGE
SEWER AUTHORITY
SEWER MANAGER
SEWERAGE SYSTEM
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(c)
(4)
SIGNIFICANT NONCOMPLIANCE (SNC)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG LOAD
SLUG CONTROL PLAN
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STORMWATER
SURCHARGE
TOTAL SUSPENDED SOLIDS (TSS)
TOTAL KJELDAHL NITROGEN(TKN)
TOWNSHIP
USER
WATER SUPPLIERS
WASTEWATER
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated.
The Federal Water Pollution Control Act, as amended, also
known as the "Clean Water Act," as amended, 33 U.S.C. § 1251
et seq. (the "Act"); and the Pennsylvania Sewage Facilities Act, Act
of January 24, 1966, P.L. (I955) 1535, as amended (the "Sewage Facilities
Act").
The Environmental Protection Agency (EPA), Region III.
An authorized representative of a user is:
A principal executive officer of at least the
level of vice president, if the user is a corporation.
A general partner or proprietor if the user
is a partnership or proprietorship, respectively.
A principal executive officer or a person having
responsibility for the overall operation of the user's facility if
the user is a governmental agency, unincorporated organization or
other similar entity.
A duly-authorized representative of the individual
designated in (1) through (3) above if:
The authorization is made in writing;
The authorization specifies either an individual
or a position having responsibility for the overall operation of the
facility from which the industrial discharge originates, such as the
position of plant manager or a position of equivalent responsibility,
or having overall responsibility for environmental matters for the
company; and
The written authorization is submitted to the
West Whiteland Township Sewer Manager.
The wastewater discharge volume for the most recent calendar
month divided by the number of calendar days in that month.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 253-37. BMPs 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 3-11-2009 by Ord. No. 364]
The quantity of oxygen, expressed in milligrams per liter
(mg/L), utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five days at 20° C. The standard
laboratory procedure shall be found in the latest edition of Standard
Methods for the Examination of Water and. Sewage, published by the
American Public Health Association.
The intentional diversion of waste streams from any portion
of an industrial user's facility for pretreatment.
Any industry subject to pretreatment standards as specified in 40 CFR (the "United States Code of Federal Regulations"), Chapter 1, Subchapter N, establishing quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a treatment plant by existing or new industrial users in specific industrial subcategories.
National categorical pretreatment standards.
The quantity of oxygen, expressed in mg/L, required to chemically
oxidize the organic and inorganic matter in a water or wastewater
sample under the standard laboratory procedure. The standard laboratory
procedure shall be that in the latest edition of Standard Methods
for the Examination of Water and Sewage, published by the American
Public Health Association.
Any structure or any portion thereof intended to be used
wholly or in part for the purposes of carrying on a trade, business
or profession or for social, amusement, religious, educational, charitable
or public uses, and which contains plumbing for kitchen, toilet or
washing facilities.
BOD, COD, total suspended solids, total Kjeldahl nitrogen,
total phosphorus, fecal coliform bacteria and oil and grease.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The West Whiteland Township Board of Supervisors.
The arithmetic average of all the effluent samples for a
pollutant collected during a calendar day.
[Added 3-11-2009 by Ord. No. 364]
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of concentration, the daily discharge is the arithmetic average measured
of the pollutant concentration derived from all measurements taken
that day.
[Added 3-11-2009 by Ord. No. 364]
Downingtown Area Regional Authority.
Any consulting engineer appointed by West Goshen Township
or West Goshen Sewer Authority.
The United States Environmental Protection Agency, including
where appropriate the Administrator or other duly authorized official
of said agency.
A wastewater having a concentration above the maximum allowable
concentration established from time to time by resolution of the control
authority, but which may be acceptable for discharge to the sewerage
system subject to the prior approval of the Sewer Manager and the
discharger's payment of a surcharge.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the commercial handling,
storage and sale of produce.
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.
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, processing, cleaning, laundering or assembly
of any product, commodity or article.
Any person discharging anything other than domestic waste
to the sewerage system.
Any water which during a manufacturing, or processing operation,
including those regulated under Sections 307(b), (c) or (d) of the
Act, comes into direct contact with or results from the production
or use of any raw material, intermediate product, finished product,
by-product or waste product, or any other water contaminated by an
industrial and/or commercial process, and distinct from domestic wastewater.
A permit authorizing a person to deposit or discharge industrial
wastewater into the sewerage system.
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.
[Added 3-11-2009 by Ord. No. 364]
A discharge which alone or in conjunction with a discharge
or discharges from other sources inhibits or disrupts the treatment,
conveyance, processes or operations of the sewerage system or a decrease
in treatment efficiency or which contributes to a violation of any
requirement of the West Goshen Township Authority's NPDES permit,
or which prevents the use or disposal of sewage sludge in compliance
with any of the following statutory or regulatory provisions or permits
issued thereunder: Section 405 of the Act (33 U.S.C. § 1317);
any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), including Title II and Title IV,
commonly referred to as the "Resource Conservation and Recovery Act"
(RCRA); the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research and Sanctuaries Act.
Numerical limitations on the concentration, mass or other
characteristics of wastewater, wastes or pollutants discharged to
the sewerage system by industrial users, and which are developed by
West Whiteland Township and West Goshen Township in compliance with
national categorical pretreatment standards, national prohibitive
discharge standards or other applicable federal and state relations.[1]
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured that month.
[Added 3-11-2009 by Ord. No. 364]
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.”
[Added 3-11-2009 by Ord. No. 364]
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), as from time to time amended, and which
are defined in 40 CFR Chapter I, Subchapter N, Parts 405-471, as from
time to time amended.
National pollutant discharge elimination system permit.
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
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 proposed categorical pretreatment
standards under Section 307(c) of the Act, which standards will be
applicable to such source if such categorical standards are thereafter
promulgated in accordance with that section. Determination of the
applicability of new source standards shall be made as provided in
the Act and 40 CFR 403.3.
Water used for cooling purposes which does not come into
direct contact with any raw material, intermediate product, waste
product or finished product.
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his agent.
Discharge through the sewerage system which exists in quantities
or concentrations, alone or with discharges from other sources, which
causes a violation of any condition of West Goshen Township Sewer
Authority's NPDES permit including an increase in magnitude or duration
of a violation.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of that Department.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342), as from time to time amended.
Any individual, firm, company, partnership, copartnership,
corporation, association, joint-stock company, trust, estate, group,
society or other legal entity whatsoever, government entity, either
commonwealth or local, and their agencies, commissions, departments
and instrumentalities, or the legal representatives, heirs, successors
and assigns thereof.
The logarithm of the reciprocal of the hydrogen-ion concentration
expressed as moles per liter, which indicates the degree of acidity
or alkalinity of a substance.
Any dredged spoil, solid waste, incinerator residue, sewage,
sewage sludge, garbage, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt or industrial, municipal and agricultural waste
discharged into water.
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 the sewerage system.
The reduction or alteration may be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by the Federal Water Pollution Control Act and 40 CFR
403.6(d), as amended from time to time.
The West Whiteland Township Sewer Manager or authorized designee.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
Any regulation containing pollutant discharge limits promulgated
by the control authority in accordance With Sections 307(b) and (c)
of the Act, which applies to industrial users. This includes national
categorical pretreatment standards, prohibited discharge limits and
local discharge limits established by this chapter or other regulatory
authority having jurisdiction.
Any room, group of rooms, house trailer, structure, dwelling,
apartment, enclosure or any other one-family unit intended to be occupied
as separate living quarters by a family, other group of persons living
together or by persons living alone, but excluding institutional dormitories.
A registered professional engineer skilled in the field of
wastewater treatment.
The normal waterborne waste from a household, and toilet
wastes from residences, business buildings, institutions, commercial
and industrial establishments.
The West Goshen Township Sewer Authority.
Any person who may, from time to time, be placed in general
charge of the sewer system.
The sewage collection and treatment system of West Goshen
Township and West Goshen Sewer Authority and any pipe, conduit or
other equipment which carries wastewater to the West Goshen Township
publicly owned treatment plant (POTW) or any of its component parts.
For purposes of the applicability of the regulations promulgated by
this article, the sewerage system also includes any sewers or facilities
that convey wastewater to the POTW from persons outside West Goshen
Township who are, by contract with the Township, users of the POTW.
Except as provided for in Subsection A(3) and (4) of this definition, a significant industrial user is:
[Amended 3-11-2009 by Ord. No. 364]
An industrial user subject to categorical pretreatment
standards; or
An industrial user that:
Discharges an average of 25,000 gpd or more
of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
Contributes a process wastestream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW; or
Is designated as such by the Pretreatment Coordinator
on the basis that it has a reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement.
The Township may determine that an industrial
user subject to categorical pretreatment standards is a nonsignificant
categorical industrial user rather than a significant industrial user
on a finding that the industrial user never discharges more than 100
gallons per day (gpd) of total categorical wastewater (excluding sanitary,
noncontact cooling and boiler blowdown wastewater, unless specifically
included in the pretreatment standard) and the following conditions
are met:
The industrial user, prior to township finding,
has consistently complied with all applicable categorical pretreatment
standards and requirements;
The industrial user annually submits the certification statement required in § 253-37.1I(2)(a) together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated
concentrated wastewater.
Upon a finding that a user meeting the criteria
in Subsection A(2) of this definition 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 an
industrial 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.
The term shall be applicable to all significant industrial users (or any other industrial user that violates Subsection A(3), (4), or (7) below) and shall mean:
[Amended 3-11-2009 by Ord. No. 364]
Chronic violations of wastewater discharge limits,
defined as those in which 66% or more of all the measurements taken
for the same pollutant parameter during a six-month period exceed
(by any magnitude) the numeric pretreatment standard or requirement,
including instantaneous limits as defined in § 253-35.A.
Technical review criteria (TRC) violations, defined as those violations in which 33% or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined in § 253-35A, multiplied by the applicable criteria (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants, except pH).
Any other violation of a pretreatment standard or requirement as defined by § 253-35A (daily maximum or longer-term average, instantaneous limit, or narrative standard) that the Township determines has caused, either alone or in combination with other discharges, an interference or pass-through, including endangering the health of POTW personnel or the general public.
Any discharge of a pollutant that has caused
imminent endangerment to the health of the Township personnel, the
environment or the general public; or has resulted in exercising any
emergency authority to halt or prevent such a discharge.
Failure to meet, within 90 days after the scheduled
date, a compliance schedule date or a compliance schedule milestone
contained in the user's industrial waste discharge permit or enforcement
action for starting construction, completing construction or attaining
final compliance.
Failure to accurately and timely report incidents
of noncompliance.
Any other violation(s), which may include a
violation of best management practices, which the Pretreatment Coordinator
determines will adversely affect the operation or implementation of
the local pretreatment program.
Failure to provide within forty-five (45) days
after the due date, any required reports such as baseline monitoring
reports, ninety-day compliance reports, periodic self-monitoring reports,
and reports on compliance with compliance schedules.
Any discharge at a flow rate or concentration that may cause
a violation of any pretreatment requirement or pretreatment standard
set forth in this article.
A report prepared by an industrial user and provided to the
Township in accordance with this article which details the existing
and proposed facility plans and operating procedures to be followed
by that user in the event of a slug load.
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
The latest edition of Standard Methods for the Examination
of Water and Wastewater (Standard Methods), a manual published by
the American Public Health Association, specifying analytical procedures
for testing and analysis of wastewater.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
An additional charge for the treatment of extra-strength
wastewater in excess of the basic charge for the treatment of wastewater.
The total suspended matter that either floats on the surface
of, or is in suspension in, water or wastewater and is removable by
laboratory filtration as prescribed in Standard Methods.
The sum of the organic nitrogen and ammonia nitrogen present
in wastewater, as measured by standard laboratory procedure as described
in Standard Methods.
West Whiteland Township, Chester County, Pennsylvania, and
the group of elected officials acting as the Board of Supervisors
of the Township.
Any person who contributes wastewater into the sewerage system.
The public agency or private company furnishing water service
to the particular property connected to the sewer system.
The combined flow of sanitary sewage and industrial wastewater,
together with such quantities of infiltration and inflow as may be
present.
[1]
Editor's Note: The former definition of "milligrams
per liter," which immediately followed this definition was repealed
3-11-2009 by Ord. No. 364.
B.
Words in the present tense include the future. The
singular number includes the plural number. The plural number includes
the singular number. The word "shall" is mandatory, while the word
"may" is permissive.
[Amended 2-22-2005 by Ord. No. 326]
A.
The Township shall have the right to refuse connection to the sewer system or to disconnect a sewer or to compel pretreatment of any waste, including industrial wastes, by an industrial establishment or a commercial establishment in order to prevent discharge into the sewer system of any such waste deemed to be harmful to the sewage collection system or the sewage treatment plant, or deemed to have a deleterious effect on sewage treatment or the sludge-hauling processes, or deemed to in any way affect, impair or interfere with West Goshen Township's agricultural utilization of its sewage sludge for land application as part of normal farming operations. For purposes of agricultural utilization, the Township Supervisors may from time to time, by resolution, promulgate regulations governing standards to be applied in determining impairment of agricultural utilization of sewage sludge and, in addition, promulgate prohibitions against specific types or strengths of industrial or other wastes or other substances (in addition to those set forth in § 253-37), which are harmful to the sewage collection system, or which are prohibited from discharge to any interceptor or treatment facility to which the sewer system is or is to be connected, or in any disposal facility connected to or utilized by the sewer system. Such prohibitions may be modified from time to time by the Township, and any sewer permit issued shall, by virtue hereof, be subject to such standards, specifications and prohibitions in effect from time to time.
B.
The owner of any property on which is located and conducted any commercial or industrial establishment which uses any one or more of the controlled metals, compounds or substances designated by resolution of the Township as subject to this subsection, and which is serviced by and connected to the sewer system, shall within 60 days of the effective date of this Part 4 install a sampling manhole into which all sewer lines carrying sanitary or industrial waste must flow together with appurtenant parts and structures as specified in Specifications for Sewer Manholes, promulgated by resolution of the Township, and a flow meter, recorder, sampler, measuring flume and all accessories to make a complete wastewater sampling and flow recording station capable of continuous operation, as specified in Specifications for Sewer Waste Water Flow Meter and Sampler System, promulgated by resolution of the Township. The required installations shall be installed and maintained in good and safe operating condition by the owner at his expense. The Township Manager or anyone acting under his direction and control shall have the right of entry to such facilities to collect samples, to measure flows and to make inspections at any time.
C.
The analysis of wastes, including industrial waste, shall be determined in accordance with the current and latest edition of Standard Methods for the Examination of Water and Waste Water, published by the Pennsylvania Department of Environmental Protection, the current standard testing procedures mandated by the Department and/or, if applicable, the current standard methods mandated by the Federal Environmental Protection Agency. Sampling and analysis shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and sewage sludge and to determine the existence of hazards to the environment and to those systems and applications designated in Subsection B. Samples for testing shall be taken at the control sampling manhole and at such other manholes as determined or required by the Township Manager.
D.
Industrial wastes may be discharged into the sewer system but only upon prior written permission issued by the Township. Application for any such permit shall be accompanied by such information relating to the nature or character of the industrial waste proposed to be discharged into the system, including, without limitation, a detailed engineering report in respect thereto prepared by a registered engineer or engineering firm, an analysis of the wastes proposed to be discharged, and such other information as the Township by regulation may, from time to time, require. The reports, analysis and information required by regulation shall, thereafter, be submitted biannually and/or upon any change in or addition of the metals or compounds utilized by the industrial or commercial establishments which are designated and regulated by resolution as described in Subsection B of this section, or subsequent resolutions adopted by the Township. Any permit issued under this section shall be conditioned upon compliance with such reasonable restrictions as the Township or the Township Manager, acting in his representative capacity, may impose, including, without limitation, requirements for the establishment of facilities for the pretreatment and prescreening of wastes, the construction of flow equalization facilities and sampling devices mandated by Subsection B of this section. Interceptors shall be provided before or after the issuance of a permit or at any time when they are required by the Township for the proper handling of liquid industrial wastes. All such interceptors shall be of a type and capacity approved by the Township and shall be so located as to be readily and easily accessible for cleaning and inspection. All such required facilities and interceptors shall be maintained continuously in a safe, satisfactory and effective operating condition at the expense of the owner. The Township may, from time to time, adopt and promulgate standards and regulations governing requirements and procedures under this subsection. Operation, maintenance, recordkeeping and testing of specimen samples of wastes, including industrial wastes, discharged into the sewer system shall be the responsibility of the owner at his expense, subject to certain minimum standards and report procedures promulgated and adopted, from time to time, by the Township.
E.
The Township shall inspect the facilities of any user of the sewer system to ascertain whether the purposes of this Part 4 are being met and all requirements are being complied with. The term "user" shall include the owner or occupant of any residence, commercial establishment or industrial establishment. Persons or occupants of premises where wastewater is created or discharged shall allow the Township or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The Township shall have the right to set up on the user's property such devices as it determines are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into the user's premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Township will be permitted to enter without delay for the purposes of performing inspections and other duties required by this subsection, provided that, in case of emergency, inspections shall be permitted at any time determined necessary by the Township Manager.
[Amended 2-22-2005 by Ord. No. 326]
Subsections A through D set forth regulations
for all users.
A.
It shall be unlawful for any person to discharge into the sewer system, except through a sewer metering manhole into which all of such person's sewer lines flow, any dangerous or harmful substances which would adversely affect the functioning of the sewer system or the processes of sewage treatment, or any discharges prohibited by any other section of this Part 4. Prior to any such discharge, such person shall apply to the Township for and be issued a permit allowing such discharge, subject to the Township regulations.
B.
Except as otherwise provided in this article, no user
shall discharge or cause to be discharged to the sewerage system any
sewage, industrial wastewater or other matter or substance:
(1)
Having a temperature which will inhibit biological
activity in the sewerage system resulting in interference, but in
no case with a temperature at the introduction into the sewerage system
which exceeds 120° F or is less than 40° F, and in no case,
heat in such quantities that the temperature of the influent to the
POTW exceeds 104° F.
(2)
Containing petroleum oils, nonbiodegradable cutting
oils or other products of mineral origin, animal fats, oil, wax or
grease, or other similar substances (collectively called "oil and
grease"), in amounts that will cause pass-through or interference.
(3)
Containing any liquids, solids or gases at concentrations which are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewerage system or to the operation of the POTW. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, paint products, sulfides and any substance having a closed cup flashpoint of less than 140° F using the test methods specified in 40 CFR, Chapter 1, Subpart C, § 261.21.
(4)
Containing solid or viscous substances at concentrations
which will cause obstruction to the flow in a sewer or other interference,
such as but not limited to ashes, cinders, spent lime, stone dust,
sand, mud, straw, shavings, metals, glass, rags, grass clippings,
feathers, tar, plastics, wood, whole blood, paunch manure, bentonite,
lye, building materials, rubber, asphalt residues, hairs, bones, leather,
porcelain, china, ceramic wastes, polishing wastes or glass grindings.
(5)
Having a pH, stabilized, lower than 6.0 or higher
than 9.0 or having any other corrosive or scale-forming property capable
of causing damage or hazard to structures, equipment, bacterial action
or personnel of the sewerage system.
(6)
Containing pollutants, including oxygen-demanding
pollutants (BOD, etc.), released in a discharge at a flow rate and/or
pollutant concentration which either singly or by interaction with
other pollutants, may injure or cause either interferences or a pass-through
or interference in the sewerage system; constitute a hazard to humans,
animals, or plants; create a toxic effect in the receiving waters
of the POTW; or exceed any limitation set forth in a National Categorical
Pretreatment Standard.
(7)
Containing any noxious or malodorous liquids, gases
or solids which, either singly or by interaction with other wastes,
are sufficient to create a public nuisance or result in toxic gases,
vapors or fumes in the sewerage system in a quantity that will cause
worker health and safety problems.
(8)
Containing objectionable color not removed in the
treatment process, such as but not limited to dye wastes and vegetable
tanning solutions.
(9)
Containing radioactive substances of such half-life
or concentration as may exceed limits which are prohibited by applicable
state or federal regulations.
(10)
Prohibited by any permit, statute, rule, regulation,
ordinance or resolution issued or promulgated by the Township or any
public agency having jurisdiction, including the state and the EPA.
(11)
Containing any substance which will cause the
sewerage system to violate the Sewer Authority's NPDES permit or the
receiving water quality standards.
(12)
Containing any substance which shall cause the
sewerage system to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under Section 405 or
other applicable or amended sections of the Act, or be in noncompliance
with any criteria, guidelines or regulations affecting sludge use
or disposal promulgated pursuant to the Solid Waste Control Act, or
State Clean Air Act, the Toxic Substances Control Act or state criteria
applicable to the sludge management method being used.
(13)
Containing nonbiodegradable complex carbon compounds.
(14)
Constituting a slug load.
(15)
Containing stormwater, surface water, uncontaminated
groundwater, roof runoff, foundation drain water or drainage from
the fields.
(16)
Containing any garbage with particles greater
than 1/2 inch in size.
(17)
Containing pesticides, unless upon written request
special permission is obtained from the Township.
(18)
Wastewater causing, alone or in conjunction
with other sources, the treatment plant’s effluent to fail a
toxicity test.
[Added 3-11-2009 by Ord. No. 364]
(19)
Detergents, surface-active agents, or other
substances that might cause excessive foaming in the POTW.
[Added 3-11-2009 by Ord. No. 364]
C.
Trucked or hauled wastewater.
(1)
Tank truck or hauled waste discharges to the sewerage
system are prohibited, except as authorized hereinafter.
(2)
Tank truck or hauled wastes may only be discharged
into the sewerage system upon the issuance of a discharge permit by
the Township.
(3)
Tank truck or hauled wastes authorized for discharge
shall be discharged only at the location, time and at a rate fixed
by the discharge permit.
(4)
Tank truck or hauled waste discharges shall not include
any industrial wastewater except as authorized in writing by the Township.
(5)
Prior to discharge, the tank truck or hauled waste
shall be subject to inspection and sampling by the Township.
(6)
Tank truck or hauled waste discharges shall be subject
to rates and charges in accordance with a schedule established by
the Township, as amended from time to time.
D.
Strength of waste surcharge.
(1)
Any user discharging wastewater to the sewerage system
which is defined as extra-strength wastewater in such resolutions
as the Township shall adopt from time to time shall pay the surcharge
established in those resolutions. The effective date of any change
in definitions or fees shall be stated in all such resolutions.
(2)
No user shall discharge into the sewerage system any
extra-strength wastewater without a written permit from the Township
providing for sampling and the payment of a surcharge to the municipality
to whose sewer system the user is connected, in accordance with the
formulas set forth in the current pretreatment chapter. The Township
shall retain and have the right at any time to give notice to the
industrial user that extra-strength discharges will no longer be accepted.
(3)
The surcharge computations shall be based on the wastewater
sample analyses for the most recent complete calendar quarter. Surcharges
shall be based on wastewater sample analyses (or, in the absence thereof,
on the Township estimates) for the calendar quarter which they apply.
The surcharge formulas are independent of each other and measure different
characteristics of the same wastewater. Surcharges measured by each
formula are cumulative.
(4)
The surcharge billings shall be in addition to any other quarterly sewer use charge paid by the user to the municipality to whose sewer system the user is connected. Payment of a surcharge shall not relieve the user of its obligation to comply with the local loading limits promulgated by resolution in § 253-37.1B of this article.
E.
The Township shall bill the amount of the surcharge
to the municipality to whose sewer system the high-strength discharger
is connected in its next regular billing after the determination of
the surcharge, and the municipality shall pay the same under the terms
and on the same schedule as the other amounts due under that bill.
[Added 2-22-2005 by Ord. No. 326]
Subsection A through O set forth regulations
for industrial users.
A.
Permit required for discharge of industrial wastewater. No person shall discharge industrial wastewater into the sewerage system in violation of § 253-37 et seq. hereof and, unless the person discharging the same has submitted a complete and accurate industrial waste discharge questionnaire to the Pretreatment Coordinator in the form prescribed by the Township and has been issued an industrial waste discharge permit or has been notified in writing by the Pretreatment Coordinator that a permit is unnecessary for the discharge described in the questionnaire.
B.
Local discharge limits.
(1)
The Township shall by resolution adopted by
the Township's Board of Supervisors establish and promulgate local
discharge limits regulating the discharge of specific pollutants to
the sewerage system by industrial users. Local discharge limits may
be established for any substance which is discharged, or likely to
be discharged, to the sewerage system. Such limits shall be calculated
as mandated by the Pretreatment Coordinator and the Engineer and may
be amended from time to time by the control authority.
(2)
Local discharge limits may limit concentration,
mass or a combination of the two.
(3)
The procedure for the calculation of local discharge
limits shall be as recommended by the EPA.
(4)
Local discharge limits shall be calculated to
prevent interference; pass-through; the discharge of toxic materials
in toxic amounts; threats to worker health and safety; physical, chemical
or biological damage to the sewerage system; and noncompliance with
the Sewer Authority's NPDES permit.
(5)
Local discharge limits applicable to industrial
users shall be adopted by resolution of the Township. Local discharge
limits applicable to all industrial users shall be included in all
industrial waste discharge permits.
(6)
Discharging any pollutant in excess of a local
discharge limit established for that pollutant shall be a violation
of this article.
C.
Spills or slug loads.
(1)
All industrial users shall provide and maintain, at their own expense, facilities adequate to prevent an accidental discharge or slug load of any substance stored or used at the industrial user's facilities that, if discharged into the sewerage system, will violate any of the provisions of §§ 253-37B and 253-37.1B of this article. Slug control plans shall be submitted, as requested, to both the municipality to whose sewer system the industrial user is connected and to the Township, detailing the facility plans and operating procedures to be utilized by the industrial user for this protection. Slug control plans shall contain, at a minimum, the following information, in addition to such additional data as shall be required from time to time by the Pretreatment Coordinator:
(a)
A description of discharge practices, including
nonroutine discharges, and a complete description of stored chemicals.
(b)
Procedures for immediately notifying the Pretreatment
Coordinator and the municipality to whose sewer collection system
the industrial user is connected of accidental discharges and slug
loads into the sewerage system.
(c)
Procedures to prevent adverse impacts from such
discharges and procedures to prevent reoccurrence of all such discharges.
(2)
An industrial user proposing to connect to the
sewerage system after the effective date of this article shall submit
a copy of its slug control plan to the municipality to whose sewer
system the industrial user will connect and to the Pretreatment Coordinator
for approval, or demonstrate to the satisfaction of the Pretreatment
Coordinator they are not needed, before connection to the sewerage
system. Review of such plans and operating procedures shall not relieve
the industrial user from the responsibility to modify the industrial
user's facility as necessary to meet the requirements of this article.
(3)
In the case of an accidental discharge or slug
load to the sewerage system of any pollutant, the industrial user
shall immediately notify by telephone both the municipality to whose
sewer system the industrial user is connected and the Pretreatment
Coordinator of the incident. The notification shall include information
regarding the location of the discharge, the kind of pollutants involved,
the concentration and volume of the discharge and corrective actions
planned or taken.
[Amended 3-11-2009 by Ord. No. 364]
(4)
Within five days following an accidental discharge
or slug load, unless waived by the Pretreatment Coordinator, the industrial
user shall submit to the municipality to whose sewer system the industrial
user is connected and to the Pretreatment Coordinator a detailed written
report describing the cause of the discharge and the measures to be
taken by the industrial user to prevent similar future occurrences.
Such notification shall not relieve the industrial user of any liability
on account thereof.
[Amended 3-11-2009 by Ord. No. 364]
(5)
A notice shall be permanently posted by each
industrial user on a bulletin board or other prominent place advising
employees who to call in the event of an accidental discharge or slug
load. Employers shall ensure that all employees who may cause such
an accidental discharge to occur are advised of the emergency notification
procedure.”
[Amended 3-11-2009 by Ord. No. 364]
(6)
Significant industrial users are required to
notify the Pretreatment Coordinator immediately of any changes at
its facility affecting the potential for a slug discharge.
[Added 3-11-2009 by Ord. No. 364]
D.
National categorical pretreatment standards. If the National Categorical Pretreatment Standards, located in 40 CFR Chapter 1, Subchapter N, Parts 405-471, as amended from time to time, for any industrial user are more stringent than limitations imposed under this article for industrial users in that subcategory, then the pretreatment standards shall apply and are hereby incorporated in this article. The Township shall notify all affected industrial users of the applicable (reporting) requirements under 40 CFR 403.12. If an industrial user subject to a National Categorical Pretreatment Standard has not previously submitted an application for an industrial waste discharge permit, the industrial user shall apply for a permit within 90 days of the promulgation of the National Categorical Pretreatment Standard.
E.
Dilution prohibition. Except where expressly authorized
to do so by an applicable pretreatment standard or pretreatment requirement,
no industrial user shall increase the use of process water or in any
other way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with a pretreatment standard
or requirement. The Township may impose mass limitations on industrial
users in cases where the imposition of mass limitations is appropriate.
F.
State requirements. State requirements and limitations
on industrial wastewater discharges shall apply in any case where
they are more stringent than federal requirements and limitations
or those established and imposed in this article.
G.
Township's right of revision. The Township reserves
the right to establish more stringent limitations or requirements
on discharges to the sewerage system.
H.
Industrial waste discharge permits.
(1)
General.
(a)
No industrial users shall connect to or discharge
wastewater to the sewerage system without an industrial waste discharge
permit.
(b)
Upon written application to the Township, but
prior to discharge, the Pretreatment Coordinator may determine that
industrial users which are not significant industrial users or do
not have industrial wastewater do not require an industrial waste
discharge permit and may discharge industrial wastewater to the sewerage
system but are required to comply with all other provisions of this
article. If an industrial user makes changes to the processes, flow,
wastewater concentration, wastewater characteristics or other operations
reported in the most recent industrial waste discharge questionnaire
filed by the industrial user with the Township, and those changes
result in its meeting the definition of an industrial user, the industrial
user shall immediately upon becoming aware that such a change has
occurred, or 90 days prior to such a change if it is planned, notify
in writing both the Township and the municipality to whose sewer system
the industrial user is connected and, if the application and proposed
discharge are in compliance with this article, obtain an industrial
waste discharge permit, which shall be issued within 90 days of submission
of the permit application.
(c)
Where an industrial user, subject to a newly
promulgated National Categorical Pretreatment Standard, has not previously
submitted an application for an industrial waste discharge permit,
the user shall, within 90 days after the promulgation of the applicable
National Categorical Pretreatment Standard:
(2)
Permit application.
(a)
Industrial users shall file with the Pretreatment
Coordinator a complete and accurate industrial waste discharge permit
application in the form prescribed by the Township.
(b)
The application for an industrial waste discharge
permit shall be fully completed and verified in writing by the industrial
user or a duly authorized and knowledgeable officer, agent or representative
thereof. The application shall contain, in units and terms appropriate
for evaluation, such scientific or testing data or other information
as may be required by the Township, and the industrial user shall
pay an application fee to and shall reimburse the Township for all
expenses incurred as a result of the processing of the signed application.
The Township shall have, at its discretion, the right to inspect the
premises, equipment and material and laboratory testing facilities
of the applicant.
(c)
Notwithstanding the above, the applicant shall
provide the following minimum information to the Pretreatment Coordinator:
[1]
Name and address of the user; name,
title and telephone number of responsible official; name, title and
phone number of person to contact for information about the industrial
waste discharge.
[2]
Description of the industry and
the manufacturing processes or operations that occur there and the
types of products that are produced.
[3]
Applicable standard industrial
classification codes for activities conducted at the facility.
[4]
Statement as to whether the industry
is subject to compliance with National Categorical Pretreatment Standards,
and if so, which ones apply.
[5]
Indication and description of the
sources of or the processes that produce industrial wastewaters.
[6]
Wastewater constituents and characteristics
as required by the Township and as determined by a reliable analytical
laboratory; sampling and analysis shall be performed in accordance
with procedures established by the EPA pursuant to § 304(g)
of the Act and contained in 40 CFR 136, as amended. If the discharge
is from a proposed new discharge, wastewater characteristics shall
be reliably estimated in accordance with accepted procedures.
[7]
Volume of industrial wastewater
to be discharged to the sewerage system and the methods of measuring
the same. Flow volume information shall include the time and duration
of the discharge and the average daily and thirty-minute peak wastewater
flow rates, including monthly and seasonal variations, if any.
[8]
Description of any wastewater treatment
facilities or processes used or proposed to be used to treat the industrial
wastes prior to their discharge to the sewerage system.
[9]
Schematic flow diagram showing
the existing and proposed sources of industrial wastewater and the
on-site treatment processes.
[10]
The quantity of sludges removed
from the industrial user's facility system and their method and location
of disposal.
[11]
Description of any other wastes
that are removed from the industrial user's facility system, their
quantities and methods and locations of disposal.
[12]
List of raw materials used or
stored on the premises, their material safety data sheets, their approximate
quantity of usage on a monthly basis and what they are used for.
[13]
Plans and specifications for a
sampling manhole.
[14]
A list of any additional environmental
control permits held by or for the facility, such as air quality permits,
RCRA permits, stormwater management permits and all other required
permits.
[15]
Such additional information as
the Township shall require.
(d)
Review and approval.
[1]
The industrial waste discharge
permit application shall be reviewed by the municipality to whose
sewer system the industrial user is proposing to connect and, if acceptable
to such municipality, shall be submitted to the Pretreatment Coordinator
for review and approval.
[2]
No industrial waste discharge permit
shall be issued to an industrial user whose discharge of materials
to sewers, whether shown upon the application or determined after
inspection and testing conducted by the Township, is not in conformance
with federal, state, municipal or the Township's ordinances and resolutions.
If an application is denied, the Township shall state in writing the
reason or reasons for denial, and said written communication shall
be delivered to the applicant and, if applicable, to the municipality
to whose sewer system the industrial user is proposing to connect.
(e)
If the Township denies an application for an
industrial waste discharge permit, the industrial user may, within
60 days after its receipt of the Township's denial, request review
by the control authority of such denial. The request for review shall
be in writing and shall specify the grounds for review, and shall
be accompanied by such appropriate supporting information and documents
as shall be sufficient to apprise the control authority of the substance
of the industrial user's position. The control authority at a public
hearing shall review the industrial waste discharge permit application,
the Township's written denial, and such other evidence and matters
as the industrial user shall present at a public hearing. It shall
also consider all evidence offered by the Township or the Pretreatment
Coordinator and any interested party. The public hearing shall take
place no later than 45 days following receipt of the industrial user's
written request for the review. The Board's written decision shall
be provided to the industrial user within 20 days of the close of
the public hearing or hearings and shall be final.
(f)
If, based on the characteristics of the industrial
user's waste discharge, additional pretreatment and/or operation and
maintenance procedures are required to meet any Township, municipal,
state or federal pretreatment standards, the industrial user shall
submit to the Township prior to issuance of the industrial waste discharge
permit the shortest, reasonable schedule by which the industrial user
will provide such additional pretreatment. The Township shall include
a compliance schedule acceptable to the Township in the user's industrial
waste discharge permit, which shall be conditional upon compliance
with timely implementation of the additional pretreatment required.
The following conditions shall apply to this schedule:
[1]
The schedule shall contain increments
of progress 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 industrial user to meet the applicable
pretreatment standards (e.g., hiring an engineer, completing preliminary
plans, completing final plans, executing contracts for major components,
commencing construction, completing construction, etc.).
[2]
No increment shall exceed nine
months.
[3]
Not later than 14 days following
each date in the schedule and the final date for compliance, the industrial
user shall submit to both the Pretreatment Coordinator and the municipality
to whose sewer system it is connected a written report, including
as a minimum whether or not it complied with the increment of progress
to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for delay and the
steps being taken by the industrial user to return the construction
and implementation to the schedule established. In no event shall
more than three months elapse between such progress reports to the
Pretreatment Coordinator and the municipality to whose sewer system
it is connected.
(3)
Permit action. A permit issued under this section
may be modified, revoked and reissued or terminated for good cause,
including but not limited to the following:
(a)
To incorporate any new or revised federal, state
or local pretreatment standards or requirements.
(b)
Material or substantial alterations or additions
to the discharger's operation which were not covered in its current
permit.
(c)
A change in any condition that requires either
a temporary or permanent reduction or elimination of the authorized
discharge.
(4)
Permit conditions. Industrial waste discharge
permits shall be expressly subject to all provisions of this article
and all other applicable regulations, resolutions, user charges and
fees established by the Township and municipality to whose sewer system
the industrial user is connected.
(a)
Permits shall contain the following:
[1]
Effluent limits, including best
management practices, based on applicable pretreatment standards;
[Amended 3-11-2009 by Ord. No. 364]
[2]
Requirements for submission of
technical reports or discharge reports, including the information
to be contained and the signatory requirements of these reports. These
requirements shall include an identification of pollutants (or best
management practice) to be monitored, sampling location, sampling
frequency, and sample type based on federal, state, and local law;
[Amended 3-11-2009 by Ord. No. 364]
[3]
Requirements for maintaining and
retaining plant records relating to wastewater discharge as specified
by the Township and affording the Township and the municipality to
whose sewer system the industrial user is connected access thereto;
[4]
Requirements for notification of
the Township and such municipality in advance of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the sewerage system;
[5]
Requirements for notification of
slug discharges;
[6]
List of prohibited discharges;
[7]
Statement of duration of the permit;
[8]
Notification of the rules regarding
transferability, if allowed;
[9]
Notification of penalties provided
for noncompliance;
[10]
Specifications for monitoring
programs which may include sampling locations, frequency of sampling,
number, types and standards for tests and reporting schedule;
[11]
Right of entry requirements upon
the property and within the facility for which the permit is issued
by authorized representatives of the Township and the municipality
to whose sewer system the user is connected;
[Amended 3-11-2009 by Ord. No. 364]
[12]
Indemnification of the Township
and such municipality from all liability resulting from or on account
of any discharge; and
[Amended 3-11-2009 by Ord. No. 364]
[13]
Requirements to control slug discharge,
if determined by the Pretreatment Coordinator to be necessary.
[Added 3-11-2009 by Ord. No. 364]
(b)
Permits may also contain other requirements,
including but not limited to:
[1]
Limits on the average and maximum
rate and time of discharge or requirements for flow regulation and
equalization;
[2]
Requirements for installation and
maintenance of inspection and sampling facilities and pretreatment
facilities;
[3]
Compliance schedules; and
[4]
Other conditions as deemed appropriate
by the Township or the municipality to whose sewer system the industrial
user is connected to ensure compliance with this article, applicable
municipal ordinances or other requirements.
(c)
Issuance of an industrial waste discharge permit
in no way relieves the industrial user from any liability on account
of its discharge into the sewerage system, whether such discharge
is permitted thereby or not.
(5)
Permit duration and permit fees.
(a)
Industrial waste discharge permits shall be
issued for an initial one-year period and shall expire at the end
of that one-year period unless the Township or the municipality to
whose sewer system the industrial user is connected elects to revoke
the permit on or before its expiration. Upon the user's payment of
the requisite permit fee to the Township, renewal permits shall be
issued for a period not to exceed five years upon written application
of the permittee made at least 60 days prior to the permit's expiration.
Subsequent permits nay be issued upon payment to the Township of the
requisite fee for up to five-year periods upon prior written application
made to the Township at least 90 days before the permit's scheduled
expiration. The terms and conditions of the permit shall be subject
to modification by the Township or the municipality to whose sewer
system the industrial user is connected during the term of the permit.
The industrial user shall be informed of any proposed changes in its
permit at least 30 days prior to the effective date of the change.
However, the Township or such municipality shall use its best efforts
to inform the industrial user of such change at least 60 days prior
to the effective date of the change, but its failure to do so shall
not preclude or delay implementation of the required change. In the
event that such changes require major changes in pretreatment by the
industrial user, and the industrial user's failure to comply with
the amended discharge requirements does not itself or with other failures
to comply put the Township or the municipality to whose sewer system
the industrial user is connected in substantial danger of violating
any agreement, permit, regulation, ordinance or law, then the Pretreatment
Coordinator may grant the industrial user a period not to exceed six
months from the date otherwise required for compliance within which
to effect such changes to its pretreatment facilities as are necessary
to comply with the permit's terms and conditions. Upon demonstration
of justifiable cause proven by the permittee within the said six-month
period, the Pretreatment Coordinator may extend the date otherwise
required for compliance for such additional reasonable period of time
as he determines necessary. No extensions shall be considered or granted
unless the industrial user makes written request for a time extension
and submits to the Township and the municipality to whose sewer system
the industrial user is connected an implementation schedule acceptable
to the Township and such municipality contemporaneously with the extension
request.
(b)
Permit fees and renewal fees shall be established
by resolution adopted and amended from time to time by the control
authority and shall include but not necessarily be limited to the
following: an application review fee; an administrative fee; a sampling
fee; an analytical costs fee; any surcharges and/or fines; and any
miscellaneous expenses incurred from the purchase or utilization of
any sampling apparatus and/or activities.
(6)
Permit transfer. Industrial waste discharge
permits are issued to a specific industrial user for a specific operation.
An industrial waste discharge permit shall not be reassigned or transferred
or sold to a new owner, new user, different premises, different facilities
or a new or changed operation without the approval of the Township
and the municipality to whose sewer system the industrial user is
connected. The succeeding owner or industrial user shall file a new
application and, until permit or modification thereof is issued, shall
comply with the terms and conditions of the existing industrial waste
discharge permit and such additional permit conditions as the Township
and such municipality shall require.
(7)
Waste characteristic change. Any industrial
user who plans or becomes aware of a change in the method of operation
or in the pretreatment facilities which will increase the concentration
of pollutants which are regulated by this article or the volume of
wastewater discharged to the sewerage system shall notify the Township
and the municipality to whose sewer system the industrial user is
connected of the change at least 90 days prior to such change. If
required by the Township or the municipality, the industrial user
shall apply for an industrial waste discharge permit that reflects
the proposed changes. The new industrial waste discharge permit will
be subject to a fee to reimburse the Township and such municipality
for all expenses incurred as a result of the processing of the permit
and permit application. Approval or denial of a new industrial waste
discharge permit shall be regulated by the procedures established
hereunder for the issuance of an original permit.
(8)
Files. The Township shall maintain files in
which copies of all industrial waste discharge permits, revisions
thereto, and supporting data will be filed for reference. Files shall
be maintained for a period of at least five years. This period of
retention shall be extended during the course of any unresolved litigation
regarding the industrial user or when requested by EPA.
I.
Reporting requirements for industrial users.
(1)
Compliance date report under National Categorical
Pretreatment Standards. Within 90 days following the date for final
compliance with applicable National Categorical Pretreatment Standards
or, in the case of a new source, following commencement of the introduction
of wastewater into the sewerage system, any industrial user subject
to National Categorical Pretreatment Standards shall submit to the
Township and the municipality to whose sewer system the user is connected
a written report indicating the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by categorical
standards and the average and maximum daily flow from these process
units in the user's facility which are limited by such categorical
standards. The report shall state whether the applicable categorical
standards are being met on a consistent basis and, if not, what additional
operations and maintenance and/or pretreatment are scheduled to bring
the industrial user into compliance with the applicable categorical
standards. This statement shall be signed by an authorized representative
of the user and, when requested by the Township, certified by a qualified
professional.
(2)
Periodic compliance reports.
[Amended 3-11-2009 by Ord. No. 364]
(a)
Each industrial user shall submit to the Township
and the municipality to whose sewer system it is connected, during
the months of April, July, October and January, or by such date as
otherwise specified in the industrial user’s industrial waste
discharge permit or otherwise by the Township, a complete and accurate
written report, in form and content as prescribed by the Township,
indicating the nature and concentration of pollutants in the discharge
during the reporting period which are regulated by the industrial
waste discharge permit. All monitoring data obtained for purposes
of determining compliance with the industrial waste discharge permit
by certified analytical techniques must be reported by the industrial
user. In addition, this report, where applicable, shall include a
record of all daily flows which, during the reporting period, exceeded
the maximum daily flow listed in the industrial user‘s industrial
waste discharge permit. In cases where the pretreatment standard requires
compliance with a best management practice (BMP) or pollution prevention
alternative, the user must submit documentation required by the Pretreatment
Coordinator or the pretreatment standard necessary to determine the
compliance status of the user. All periodic compliance reports shall
also contain the following certification statement signed by the authorized
representative of the user:
|
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a procedure 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 facilities proposed
to be connected to the sewerage 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 relating to unsworn falsifications."
|
(b)
A facility determined to be a nonsignificant
categorical industrial user by the pretreatment coordinator must annually
submit the following certification statement signed by the authorized
representative of the user. This certification must accompany an alternative
report required by the Pretreatment Coordinator:
|
Based on my inquiry of the person or persons
directly responsible for managing compliance with categorical Pretreatment
Standards under 40 CFR, I certify that, to the best of my knowledge
and belief that during the period from ______ to ___ (insert dates):
| |
|
[1] The facility described as (facility name)
met the definition of nonsignificant categorical industrial user as
per 253-35A;
| |
|
[2] The facility complied with all applicable
pretreatment standards and requirements during this reporting period;
and
| |
|
[3] The facility never discharged more than
100 gallons of total categorical wastewater on any given day during
this reporting period.
| |
|
This compliance certification is based on the
following information: __________."
|
(c)
The Township may impose mass limitations where the imposition of mass limitations is appropriate. In such cases, the periodic compliance report required by Subsection I(2)(a) shall state the mass of pollutants regulated in the industrial user's discharge permit to the sewerage system. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or, where requested by the Township, production and mass of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the industrial user's industrial waste discharge permit. All sampling end analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR 136, and amendments thereto, or with any other test procedures approved by the EPA.
(d)
For categorical industries that have mass limits
as categorical standards, the Township may specify equivalent concentrations
to regulate the strength of the industrial user's discharge. If concentration
limits are regulated in lieu of mass discharge limits, the industrial
user must provide the Township with the following information as part
of each written compliance report:
(e)
The industrial wastewater discharged into the
sewerage system shall be sampled and analyzed by and at the expense
of the industrial user, and copies of the original laboratory reports
listing the results of the analyses and the analytical methods used
shall be submitted to the Pretreatment Coordinator.
(f)
Except as indicated in Subsection I(2)(g) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Township. Regardless of sampling technique used, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Township, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(g)
For sampling required in support of baseline
monitoring and ninety-day compliance reports, a minimum of four grab
samples must be used for pH, cyanide, total phenols, oil and grease,
sulfide and volatile organic compounds for facilities for which historical
sampling data do not exist; for facilities for which historical sampling
data are available, the Pretreatment Coordinator may authorize a lower
minimum. For periodic compliance reporting the industrial user is
required to collect the number of grab samples necessary to assess
and assure compliance with applicable pretreatment standards and requirements.
(h)
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.
(i)
All records and information resulting from the
monitoring activities required by the industrial waste discharge permit,
any additional records of information obtained pursuant to any monitoring
activities undertaken independent of such requirements, and documentation
associated with established best management practices shall be retained
by the industrial user for at least five years. This period of retention
shall be extended during the course of any unresolved litigation regarding
the industrial user or the Township or when requested by either the
Township or the EPA.
(3)
Baseline monitoring report.
(a)
Where an industrial user, subject to a newly
promulgated National Categorical Pretreatment Standard, has not previously
submitted the baseline monitoring information required by 40 CFR 403.12(b),
as from time to time amended, the industrial user shall, within 180
days after the promulgation of the applicable National Categorical
Pretreatment Standard, provide this information to the Township. The
report shall include all items required by 40 CFR 403.12(b).
(b)
A new source, or an industrial user proposing
to discharge wastes into the sewerage system that is subject to a
National Categorical Pretreatment Standard, shall submit to the Township
the baseline monitoring report required by 40 CFR 403.I2(b) at least
90 days prior to commencement of discharge from the regulated process
or facility.
(4)
Noncompliance discharge report.
[Amended 3-11-2009 by Ord. No. 364]
(a)
If sampling performed by an industrial user
indicates a violation of this article, an applicable pretreatment
standard or the industrial user‘s industrial waste discharge
permit, the industrial user shall notify the Pretreatment Coordinator
and municipality to whose sewer system the industrial user is connected
within 24 hours of becoming aware of the violation. The industrial
user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the Pretreatment Coordinator and to such
municipality within 30 days after becoming aware of the violation.
(b)
Resampling by the industrial user is not required
if the Township performs sampling at the user’s between the
time when the initial sampling was conducted and the time when the
user or the Township receives the results of this sampling, or if
the Township has performed the sampling and analysis in lieu of the
industrial user.
J.
Monitoring facilities.
(1)
When requested by the Township or municipality
to whose sewer system the industry is connected, all industrial users
shall provide and operate, at their own expense, monitoring facilities
to allow inspection, sampling and flow measurements of their industrial
waste discharge. The monitoring facility should normally be situated
on the industrial user's premises, but the municipality to whose sewer
system the industrial user is connected may, when such a location
would be impractical or cause undue hardship on the industrial user,
allow the facility to be constructed in the public street or sidewalk
area, subject to the issuance of proper permits for such purpose,
and located so that it will not be obstructed by landscaping or parked
vehicles.
(2)
The monitoring facility shall be constructed
in accordance with plans and specifications approved by the Township
and the municipality to whose sewer system the industrial user is
connected or is proposing to connect. There shall be ample room in
or near such facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the industrial user. The facility shall be located
as to be accessible at all times to persons authorized by the Township
or such municipality. By obtaining an industrial waste discharge permit,
the industrial user consents to the entry upon its land and facility
and agrees to facilitate such entry by representatives of the Township
and such municipality, and further consents to the use of the monitoring
facility for observation, sampling and measuring of the wastewater
discharge at all times. Construction of the monitoring facility shall
be completed within 120 days following issuance of the industrial
waste discharge permit.
(3)
The failure of a user to keep its monitoring
facilities in good working order shall not be grounds for the user
to claim that sample results are unrepresentative of its discharge.
[Added 3-11-2009 by Ord. No. 364]
K.
Inspection and sampling. The Township or the municipality
to whose sewer system the industrial user is connected may inspect
the facilities of any industrial user. Persons or occupants of premises
where wastewater is created or discharged shall allow the Township
or its representative, or such municipality or its representatives,
as a condition of the permit issued by the Township authorizing any
discharge to the sewerage system, ready access at all reasonable times,
and in the event of emergency situations posing an immediate threat
to the sewerage system, to all parts of the premises, buildings and
facilities for the purpose of inspection, sampling records examination
and copying, or in the performance of any of their duties. The Township,
such municipality and EPA shall have the right to set up on the industrial
user's property such devices as are necessary to conduct sampling,
inspection, compliance monitoring and/or metering operations. Where
an industrial user has security measures in force which would require
proper identification and clearance before entry onto their premises,
the industrial user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, personnel
from the Township, such municipality or EPA will be permitted to enter,
without delay.
L.
Pretreatment.
(1)
Industrial users shall provide necessary pretreatment
and flow equalizing facilities as required to comply with this article
and shall achieve compliance with all applicable National Categorical
Pretreatment Standards within the time limitations as specified by
the appropriate federal regulations or as otherwise required by the
Township. Any industrial user required to pretreat or flow-equalize
wastewater to a level in compliance with the provisions of this article
shall be provided, operated and maintained at the industrial user's
sole expense. Detailed plans and other materials and documents showing
the pretreatment facilities and operating procedures shall be submitted
to the Pretreatment Coordinator and the municipality to whose sewer
system the industrial user is connected for review before construction
of the facility. The review of such plans and operating procedures
shall in no way relieve the industrial user from the responsibility
of modifying the facility as necessary to produce an effluent in compliance
with the provisions of this article. Any subsequent changes in the
pretreatment facilities, flow-equalizing facilities or method of operation
shall be reported to and be reviewed and commented on by the Township
and such municipality prior to the industrial user's initiation of
the changes.
(2)
The industrial user may allow a bypass which
does not cause pretreatment standards to be violated but only for
essential maintenance to assure efficient operation. If an industrial
user knows in advance of the need for a bypass, it shall submit prior
written notice to the Pretreatment Coordinator and to the municipality
to whose sewer system it is connected at least 10 days before the
date of the bypass. The industrial user shall give oral notice of
an unanticipated bypass that exceeds applicable pretreatment standards
to the Pretreatment Coordinator and the municipality to whose sewer
system it is connected immediately after an unanticipated bypass incident
is brought under control, but in no event later than four hours from
the time the industrial user becomes aware of the bypass. A written
report shall also be provided to the Pretreatment Coordinator within
five working days of the time the industrial user becomes aware of
the bypass. The written report 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 the steps taken or planned to
reduce, eliminate and prevent reoccurrence of the bypass.
(3)
The Township shall annually publish, in the
local daily newspaper of largest circulation within the Township's
service area, a list of industrial users serviced by the Township
which were in significant noncompliance with any applicable pretreatment
standards or pretreatment requirements during the preceding twelve-month
period.
(4)
All records relating to compliance with pretreatment
standards and pretreatment requirements shall be made available to
the Township and the EPA upon request.
(5)
The Township and the municipality to whose sewer
system the industrial user is connected shall have access to all such
pretreatment facilities and flow-equalizing facilities as required
by this article at all reasonable times for purposes of inspection
and testing and, in the event of an emergency posing a threat to the
sewerage system, at any time.
(6)
The municipality to whose sewer system an industrial
user is connected shall reimburse the Township within 30 days of receipt
of notice from the Township requiring reimbursement for all of its
expenses incurred as a result of review, monitoring, application processing,
sampling or any other activities conducted by the Township and directly
related to ensuring the industrial user's compliance with the provisions
of this article. The Township shall have the right to collect any
unpaid, delinquent or overdue invoice for such expenses by legal process
and, further, shall have the right to file and enforce a municipal
lien against the industrial user's real property for collection thereof
pursuant to the provisions of the Pennsylvania Municipal Claims and
Tax Lien Law. In its discretion, the Township shall also have the
right to suspend any such user's discharge permit pending full and
complete reimbursement of the Township.
M.
Hazardous waste discharge.
(1)
It shall be a violation of this article and the industrial user's discharge permit for an industrial user to discharge any quantity of waste to the sewerage system, which, if otherwise disposed of, would be a hazardous waste under 40 CFI, Chapter 1, § 261.1 et seq., Subparts A through D, as from time to time amended. In the event of an accidental discharge, the industrial user shall provide an immediate written notification of such discharge, but in no event later than four hours from the time the user becomes aware of or in the exercise of reasonable prudence should have become aware of the discharge, to the Township, to the EPA Region III Waste Management Division Director and to DEP. Failure to provide such notice shall constitute a violation of this article.
(2)
The notification required by Subsection M(1) shall include the name of the hazardous waste as in 40 CFR, Chapter 1, § 261.1 et seq., Subparts A through D, as from time to time amended, the EPA hazardous waste number, the type of discharge (continuous, batch or other), and a certification under penalties of perjury that the industrial user has a program in place to reduce to compliance levels the volume and toxicity of hazardous wastes illegally discharged to the sewerage system. If the industrial user's discharge to the sewerage system constitutes more than 100 kilograms of such waste, the notification shall also include an identification of the hazardous constituents contained in the waste and an estimation of the mass and concentration of such constituents.
N.
Confidential information.
(1)
Information and data on an industrial user obtained
from reports, questionnaires, permit applications, permits, notifications,
monitoring programs and inspections shall be available to the public
or any governmental agency upon written request unless the industrial
user specifically requests in writing and is able to demonstrate to
the Township's satisfaction that the release of such information would
divulge information, processes or methods of production entitled to
protection as trade secrets of the industrial user.
(2)
When requested by the person furnishing a written
report, those portions of a report that have been accepted by the
Township as confidential shall not be made available for inspection
by the public, but shall be made available upon written request to
governmental agencies for uses related to this article, the NPDES
permit, state disposal system permits and/or the state or federal
pretreatment programs; provided, however, that such portions of any
report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the person
or industrial user furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
(3)
When information accepted by the Township as
confidential is transmitted to any governmental agency by the Township,
a written notification to the industrial user shall be provided by
the Township, listing the confidential information transmitted and
the governmental entity requesting the information.
O.
Measuring volumes of wastewater.
(2)
Both the Township and the municipality to whose
sewer system the industry is connected may, in their discretion, require
that each industrial user connected to its sewer system which has
been issued an industrial waste discharge permit install, calibrate,
maintain and use any meter or measuring device specified therein at
the industrial user's own expense. Such municipality shall be responsible
for the reading of all meters or measuring devices. The Township shall
have the absolute right, but not the duty, of reading the meters,
from time to time, at its discretion. The meters and devices shall
be made available for meter reading at any reasonable time and, in
the event of an emergency posing a threat to the sewerage system,
at any time.
[Amended 2-22-2005 by Ord. No. 326]
Subsections A through H set forth enforcement
provisions.
A.
Immediate suspension of discharge presenting imminent
danger.
(1)
The municipality to whose sewer system the user is
connected shall order the immediate suspension of discharge of wastewater
to the sewer system by any user when so directed by the Township.
The Township may direct such a suspension when such suspension is
necessary, in the opinion of the Township, in order to stop or prevent
an actual or threatened discharge which presents an imminent danger
of harm to people, to the sewerage system or to the environment, or
interference ("dangerous discharge").
(2)
Any industrial user notified of an order to suspend
shall comply therewith immediately. In the event of a failure of the
industrial user to comply voluntarily with the suspension order, the
Township or municipality to whose sewer system the industrial user
is connected shall take such steps as it deems necessary to enforce
compliance with the order to effect the suspension of discharge of
the industrial user's wastewater into the sewerage system, including
immediate severance of the industrial user's sewer connection to the
Township's or the municipality's sewer system. The municipality shall
permit reinstatement of the discharge upon proof, satisfactory to
itself and the Township, of the elimination of the imminent and substantial
danger referred to above. The industrial user shall submit a detailed
written report to the Township describing the causes of the actual
or threatened discharge and the measures taken to prevent any future
occurrence within 15 days of the date of the first such discharge
or threat of discharge. The Township shall have the concurrent right
and power to suspend discharge by such industrial user to its sewerage
system and to enforce the requirements of this subsection.
(3)
Nothing herein shall be construed to prohibit the
Township from enforcing this article, or any part hereof, or from
enjoining and preventing the discharge of any hazardous waste or any
other discharge deemed unlawful or dangerous to the sewerage system
by any legal process selected by the Township, including but not limited
to an action or actions at law or in equity for injunctive relief
and damages, administrative enforcement proceedings, criminal enforcement
proceedings authorized by any federal or state statute or law, or
through any other authorized legal proceeding. All remedies of the
Township shall be cumulative.
B.
Termination of service. Any user who violates any
provision of this article, any regulation promulgated by the Township
pursuant to this article or any enabling legislation, any resolution
promulgated by the Board of Supervisors pursuant to or related to
this article, any applicable state or federal regulations, or an industrial
waste discharge permit, or any condition thereof, shall be subject,
in addition to any civil or criminal penalties which may be imposed,
to severance of its sewer connection to the sewerage system, termination
of its sewage service, and revocation of its industrial waste discharge
permit.
C.
Notification of violation. Whenever the Township or
a municipality to whose sewer system an industrial user is connected
finds that the industrial user has violated or is violating this article,
an industrial waste discharge permit or any prohibition, limitation,
condition or requirements contained herein, or has failed to timely
provide the Township with the information needed to accurately determine
compliance with any pretreatment standard or pretreatment requirement,
such municipality or the Township, or both, may serve upon such person
or industrial user who is in violation a written notice of violation.
The notice may require a response in the form of a plan, explanation,
compliance schedule or other appropriate response within a specified
time period. Compliance with any such requirement shall be mandatory.
D.
Legal action by municipalities. If any industrial
user violates the provisions of this article, Township, federal or
state pretreatment standards or pretreatment requirements, its industrial
waste discharge permit, any prohibition, limitation, condition or
requirements contained therein or herein, or any order issued by the
Township or other governmental authority having jurisdiction related
to the sewerage system or the sewer service of the Township or the
municipality to whose sewer system the industrial user is connected,
either the Township or such municipality, or both, may commence an
action or actions at law or in equity for appropriate legal and/or
equitable relief in the Court of Common Pleas of this county, and
may, in addition, take such other enforcement action as provided for
in § 405(1) hereof.
E.
Enabling regulations. As a precondition to the Township's
acceptance of sewage effluent containing industrial wastewater from
another municipality, each such municipality connected to the sewerage
system shall, within 90 days after adoption of this article; enact
regulations imposing the discharge restrictions, and require compliance
with industrial waste discharge permits, charges, reporting and monitoring
requirements no less stringent than those set forth in § 403
et seq. and § 405 et seq. hereof on all users within its
jurisdiction, and establishing procedures for compliance with § 405
hereof. Such requirement shall be embodied in a written agreement
between the Township and such municipality. All such regulations so
adopted shall be amended within 60 days, as necessary, to impose the
same standards and requirements as those imposed by the Township through
amendment of this article. Such municipality shall, upon adoption
of the required regulations, give written notice to all commercial
and industrial dischargers connected to the municipality's sewerage
system of all of the regulatory compliance requirements related to
industrial waste discharge permits.
F.
Civil penalty assessment policy for industrial users.
The Township shall adopt a formal, written civil penalty assessment
policy from time to time and make the same available to the public.
Industrial users participating in the pretreatment program (the "pretreatment
program") established under § 404 et seq. of this article
shall be given written notice of the policy. Nothing herein shall
be construed to preclude the Township or any other governmental agency
having jurisdiction from bringing a criminal action for a violation
of this article.
G.
Procedure for assessment of civil penalties against industrial users. The Township may establish by resolution adopted by the Board of Supervisors a recommend schedule of civil penalties, which may be imposed by the Township against any industrial user who violates a provision of this article or its industrial waste discharge permit, that is in significant noncompliance or which fails to respond timely and adequately to any notice of violation issued by the Township in accordance with the Township's civil assessment policy. In assessing such penalties, the Township shall provide the noncomplying industrial user with the opportunity to show cause why a civil penalty pursuant to § 253-40C hereof should not be assessed. Notice shall be served upon the industrial user specifying the time and place of a hearing to be held by the Township's Board of Supervisors, or a hearing officer designated by the Board for that purpose. Notice of the hearing shall be served by the Township's administrative staff upon the industrial user and any other party in interest at least 10 days before the hearing by regular United States mail, postage prepaid.
(1)
In furtherance of any such proceeding, the Board or
Hearing Officer, as the case may be, shall have the following powers:
(a)
Issue in the name of the Township notices of
hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings;
(b)
Issue subpoenas and take the evidence; and
(c)
Make findings of fact, conclusions of law and
render a decision and order, which may include the imposition of a
civil penalty or such other order as the Board shall direct.
(2)
Testimony at the hearing shall be under oath and recorded
stenographically. A transcript shall be made available to any party
to the proceeding upon payment of the charges therefor. All other
administrative costs of the proceedings, including but not limited
to stenographer attendance fees, advertising, postage and notices
and similar costs, shall be paid for by the user, who shall deposit
with its request for hearing a deposit escrow fee of $1,000 from which
the administrative fees shall be paid. Any balance remaining after
payment of all such costs shall be returned to the user requesting
the hearing.
H.
Injunctions against violations of pretreatment standards.
The Township may seek injunctive relief in a proceeding in equity
for the prevention, abatement or termination of any prohibited discharge
to the sewerage system, for a violation of any pretreatment standard
or for violation of any other provision of this article in any of
the following circumstances. In any such proceeding, the Township
may seek to collect any civil penalties assessed, or unpaid, pursuant
to §§ 253-40E and 253-40C hereof.
(1)
A discharge from an industrial user presents an imminent
danger of substantial harm to the sewerage system, Township personnel,
the environment or the public, or imperils or results or may result
in a violation of any federal or state permits held by the Township
relating to the use, operation and maintenance of the sewerage system.
(2)
A discharge from an industrial user presents an imminent
or substantial endangerment to the environment.
(3)
A discharge from an industrial user causes the Sewer
Authority to violate any condition of its NPDES permit.
(4)
An industrial user has shown a lack of ability or
intention to comply with a pretreatment standard.
The Township reserves the right to and may, from time to time, adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use and operation of the sewer system, and all such rules and regulations shall be and become a part of this Part 4.
[Amended 2-22-2005 by Ord. No. 326]
Subsections A through D set forth penalty provisions.
A.
Fines to be established by Township and by municipalities. As a precondition to the Township's acceptance of sewage effluent containing industrial wastewater from another municipality, each municipality that discharges or is connected to the sewerage system shall, within 90 days of the adoption of this article, enact an ordinance which provides that any industrial user who is found to have violated the ordinance specified by § 253-38E hereof shall be liable to a fine of up to $1,000, together with the costs of prosecution and the municipality's reasonable attorney's fees, for each offense in a criminal enforcement proceeding commenced before a District Justice. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such requirement shall be embodied in a written agreement between the Township and such municipality. In addition to all other remedies and penalties provided for in this article, the Township may commence and prosecute an enforcement action before any District Justice for a violation of this article, as provided for in this section, wherein the violator shall be subject to the fine, costs and fees provided for herein; provided, however, that should any violation of this article constitute a violation of the Sewage Facilities Act, a District Justice shall be authorized to impose a fine of up to $5,000, together with the costs of prosecution and the municipality's reasonable attorney's fees, for each such offense.
C.
Civil penalties for violations by industrial users. To the extent that any provisions of this article are enabled by the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, as amended, any industrial user who violates any substantive or procedural provision of § 253-37 et seq. hereof, or any term or condition of any industrial waste discharge permit may, in addition to all other civil and criminal penalties authorized by this article, be assessed a civil penalty of up to $2,500 for each such violation, as is determined by the Township, depending upon the severity of the violation, pursuant to the procedures and standards set forth in § 13.1 of the Sewage Facilities Act, 35 P.S. § 750.13a and 13b(b). In addition, the Township may assess against and collect from such violator the cost of damages caused by such violation and the cost of correcting the violation. Each violation for each separate day shall constitute a separate and distinct violation. Notwithstanding the foregoing, a single operational upset which gives rise to simultaneous violations shall be treated as a single violation.
D.
Uses of civil penalties collected by Township. Civil penalties collected pursuant to § 253-40C hereof shall be placed in a restricted account and shall only be used for 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 upon the Township by the federal or state governments for violation of pretreatment standards; for the costs incurred by the Township to investigate and take enforcement action that resulted in a penalty being imposed; and for the monitoring of discharges in a pretreatment program. Funds remaining in the restricted account after the foregoing uses have been met may be used for capital improvements to the Township's sewerage system.
The following procedures shall control an application for reconsideration, rehearing or appeal to the Township from a determination thereof with respect to construction, application or enforcement of this Part 4:
A.
Any permit applicant, permit holder, authorized industrial wastewater discharger or other discharger, adversely affected by any decision, act or determination (decision) made by or on behalf of the Township by the Township Manager, his authorized representative or any Township regulatory body having jurisdiction, in the interpretation or implementation of the provisions of this Part 4, or of any permit issued hereunder, may file with the Township Board of Supervisors, at the Township administrative offices, a written appeal therefrom, in triplicate, and delivered in person or by certified mail, return receipt requested, within 30 days of the date of such decision. Such appeal shall be accompanied by a filing fee in the sum of $500, which shall be held in an escrow account by the Township and disbursed to cover the cost of all expenses incurred in the appeals process. Such request for reconsideration shall contain the name and address of the appellant, all of the information and data required by § 253-36D, together with such information as may be required hereafter by subsequent resolutions adopted by the Township, and a brief statement setting forth the factual basis for the appeal and the specific grounds therefor. Any request for reconsideration which does not strictly comply with the foregoing requirements shall not be accepted for filing and shall be returned forthwith to the appellant.
B.
Within 15 days of the Township's receipt of a request for reconsideration which complies with Subsection A hereinabove, the Board shall notify the appellant, in writing, of the time and place for the hearing upon the request. Such hearing shall be conducted by the Board not less than 15 nor more than 30 days after the receipt for reconsideration has been timely and properly filed. The Board shall conduct such hearings and make decisions in accordance with the following requirements:
(1)
The hearing shall be conducted by a majority of the
Board or the Board may appoint any member as a hearing officer. The
decision shall be made by the Board, but the parties may waive decision
by the Board and accept the decision of the hearing officer as final.
(2)
The Township shall be an automatic party to the proceedings
before the Board.
(3)
The Board or the hearing officer presiding shall have
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant documents and papers,
including witnesses and documents requested by the parties.
(4)
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
(5)
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
(6)
A stenographic record of the proceedings and a transcript
of the proceedings shall be kept and made only if the complete cost
thereof is paid or arranged for by the applicant in advance of the
hearing.
(7)
The Board or hearing officer, as the case may be,
shall render a written decision within 45 days of the last hearing
before the Board or hearing officer. If the hearing is conducted by
a hearing officer and there has been no stipulation that his decision
shall be final, the Board shall make his report and recommendations
available to the appellant and the Township, and the Board shall make
a written decision, to be entered no more than 30 days after the report
of the hearing officer. Nothing herein contained shall prohibit the
Board from continuing any hearing, from time to time, as necessary
to accept complete evidence with respect to any request for reconsideration.
(8)
A copy of the final decision shall be mailed to the
applicant and the Township within 10 days of its date.
(9)
The burden of proof shall be upon the appellant in
any request for reconsideration; and in order to sustain any such
request, the appellant's proof shall be clear, precise and indubitable.
C.
In passing upon any request for reconsideration, the
Board shall consider and shall base its decision upon the following
required guidelines:
[Amended 2-22-2005 by Ord. No. 326]
(1)
Contact process water flow having the designated metals, compounds and/or substances as described in § 253-37B(6), (7) and (11), and subsequently adopted resolutions, in a closed-loop system, shall be required to install a sampling manhole and sampler.
(2)
Noncontact process water flow having the designated metals, compounds and/or substances as described in § 253-37B(6), (7) and (11), and subsequently adopted resolutions, in a closed-loop system, may not, in the Board's discretion, be required to install a sampling manhole and sampler if all of the following consideration are met:
(a)
No floor drains are located on the property;
(b)
No sump pump connections to the sanitary sewer
are located on the property;
(c)
No connections of holding waste or rinse tanks
to the sanitary sewer are located on the property;
(d)
No stormwater, springwater, groundwater, roof
water runoff, subsurface drainage, building or building foundation
drainage connected or connecting to the sanitary sewer system are
located on the property; and
This Part 4 is enacted and in compliance with the provisions of the Intermunicipal Sewage Treatment Agreement dated April 15, 1985, between West Goshen Township, West Goshen Sewer Authority, West Whiteland Township and West Whiteland Municipal Authority. This agreement provides for adoption of certain rules and regulations pertaining to the use of the Township's sewer system flowing into the West Goshen system. The effective area of these rules is the area actually served by West Goshen facilities.
