Township of Westtown, PA
Chester County
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Table of Contents
Table of Contents
[Adopted 2-7-2005 by Ord. No. 2005-2]
A. 
Westtown Township entered an intermunicipal agreement with West Goshen Township dated January 14, 1998, titled "Sewage Treatment Agreement" (the "agreement") whereby West Goshen Township agreed to accept sanitary sewage from Westtown Township into the West Goshen Township Wastewater Treatment Plant. Pursuant to the agreement, Westtown Township is required to develop, implement, and enforce a federally mandated pretreatment program in compliance with the federal regulations (codified at 40 Code of Federal Regulations Part 403) to control wastewater discharges from all industrial users in Westtown Township whose sewage is discharged into the West Goshen Township Sewage Collection System for treatment at the West Goshen Township Wastewater Treatment Plant.
B. 
Westtown Township currently owns the Chester Creek Wastewater Treatment Plant located on Westtown Road (the "Chester Creek Plant"). As of the effective date of this article, the Chester Creek Plant does not accept sewage from any industrial users. If, in the future, the Township agrees to accept industrial waste for treatment at the Chester Creek Plant, the regulations set forth in this Article IV shall apply, and such industrial user(s) shall comply with all standards and regulations in this Article IV.
A. 
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.
ACTS
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. (1965) 1535, as amended (the Sewage Facilities Act).[1]
APPROVAL AUTHORITY
The Environmental Protection Agency (EPA), Region III.
AUTHORIZED REPRESENTATIVE OF USER
An authorized representative of a user is:
(1) 
A principal executive officer of at least the level of vice president if the user is a corporation.
(2) 
A general partner or proprietor if the user is a partnership or proprietorship, respectively.
(3) 
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.
(4) 
A duly authorized representative of the individual designated in Subsection A(1) through (3) above if:
(a) 
The authorization is made in writing;
(b) 
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
(c) 
The written authorization is submitted to the Westtown Township Sewer Manager.
AVERAGE DAILY FLOW
The wastewater discharge volume for the most recent calendar month divided by the number of calendar days in that month.
BEST MANAGEMENT PRACTICE (BMP)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 132-31 through § 132-33. 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 1-19-2010 by Ord. No. 2010-1]
BOD (denotes "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/L)]. 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.
BYPASS
The intentional diversion of waste streams from any portion of an industrial user's facility for pretreatment.
CATEGORICAL INDUSTRY
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.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards.
COD (denotes "chemical oxygen demand")
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.
COMPATIBLE POLLUTANT
BOD, COD, total suspended solids, total Kjeldahl nitrogen, total phosphorus, fecal coliform bacteria and oil and grease.
COMPOSITE SAMPLE
The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
CONTROL AUTHORITY
The Westtown Township Board of Supervisors.
DAILY MAXIMUM
The arithmetic average of all the effluent samples for a pollutant collected during a calendar day.
[Added 1-19-2010 by Ord. No. 2010-1]
DAILY MAXIMUM LIMIT
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 1-19-2010 by Ord. No. 2010-1]
ENGINEER
Any consulting engineer appointed by Westtown Township.
EPA
The United States Environmental Protection Agency, including, where appropriate, the Administrator or other duly authorized official of said agency.
EXTRA-STRENGTH WASTEWATER
A wastewater having total suspended solids (tss) in excess of 300 parts per million (ppm) and biochemical oxygen demand (BOD) in excess of 250 ppm, which may be acceptable for discharge to the sewerage system, subject to prior approval of the Sewer Manager and the discharger's payment of a surcharge as established in this article. The concentration levels set forth in this definition may be revised from time to time by resolution of the control authority.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the commercial handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis, with no regard to the flow in the waste stream, over a period of time not to exceed 15 minutes.
INDUSTRIAL USER
Any person discharging anything other than domestic waste to the sewerage system.
INDUSTRIAL WASTE DISCHARGE PERMIT
A permit authorizing a person to deposit or discharge industrial wastewater into the sewerage system.
INDUSTRIAL WASTEWATER
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.
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling.
[Added 1-19-2010 by Ord. No. 2010-1]
INTERFERENCE
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 an 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),[2] the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act.
LOCAL DISCHARGE LIMITS
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 Westtown Township in compliance with National Categorical Pretreatment Standards, National Prohibitive Discharge Standards or other applicable federal and state regulations. For users who are connected to the West Goshen Township sewerage system, the local discharge limits shall be developed by West Goshen Township in compliance with National Categorical Pretreatment Standards, National Prohibitive Discharge Standards or other applicable federal and state regulations.[3]
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured that month.
[Added 1-19-2010 by Ord. No. 2010-1]
MONTHLY AVERAGE LIMIT
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 1-19-2010 by Ord. No. 2010-1]
NATIONAL CATEGORICAL PRETREATMENT STANDARD
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 1, Subchapter N, Parts 405 through 471, as from time to time amended.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342), as from time to time amended.
NATIONAL PROHIBITED DISCHARGE STANDARD OR PROHIBITED DISCHARGE
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NEW SOURCE
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of 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.
NONCONTACT COOLING WATER
Water used for cooling purposes which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property, or his agent.
PASS-THROUGH
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 an NPDES permit issued to a municipality or municipal authority, including an increase in magnitude or duration of a violation.
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
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.
PERSON
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.
pH
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.
POLLUTANT
Any dredged soil, 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.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into 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.
PRETREATMENT COORDINATOR
The Westtown Township Sewer Manager or authorized designee. For users who are connected to the West Goshen Township sewerage system, West Goshen Township or its Sewer Manager shall serve as the Pretreatment Coordinator.
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on an industrial user.
PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the control authority in accordance with Sections 307(b) and (c) of the Act, or by Westtown Township, which applies to industrial users. This term includes National Categorical Pretreatment Standards, local discharge limits and prohibited discharge limits established by this article or other regulatory authority having jurisdiction.
QUALIFIED PROFESSIONAL
A registered professional engineer skilled in the field of wastewater treatment.
SANITARY SEWAGE, DOMESTIC SEWAGE or SEWAGE
The normal water-carried household and toilet wastes from residences, businesses, buildings, institutions, commercial and industrial establishments.
SEWERAGE SYSTEM or SEWER SYSTEM
All facilities owned and operated by the Township for the collection, transportation, treatment or disposal of sanitary sewage. For users in Westtown Township whose sewage is treated by West Goshen Township pursuant to an intermunicipal agreement dated January 14, 1998, such term shall include the West Goshen Township sewerage system as defined herein.
SIGNIFICANT INDUSTRIAL USER
Except as provided for in Subsection A(3) and (4) of this definition, a "significant industrial user" is:
[Amended 1-19-2010 by Ord. No. 2010-1]
(1) 
An industrial user subject to categorical pretreatment standards; or
(2) 
An industrial user that;
(a) 
Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
(b) 
Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or
(c) 
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.
(3) 
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:
(a) 
The industrial user, prior to Township finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(b) 
The Industrial User annually submits the certification statement required in § 132-41B(1) together with any additional information necessary to support the certification statement; and
(c) 
The Industrial User never discharges any untreated concentrated wastewater.
(4) 
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.
SIGNIFICANT NONCOMPLIANCE (SNC)
The term shall be applicable to all significant industrial users (or any other Industrial User that violates the items in Subsection A(3), (4), or (7) below:
[Amended 1-19-2010 by Ord. No. 2010-1]
(1) 
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 § 132-30.
(2) 
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 § 132-30, multiplied by the applicable criteria (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants, except pH).
(3) 
Any other violation of a pretreatment standard or requirement as defined by § 132-30 (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.
(4) 
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.
(5) 
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.
(6) 
Failure to accurately and timely report incidents of noncompliance.
(7) 
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.
(8) 
Failure to provide, within 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.
SLUG CONTROL PLAN
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.
SLUG LOAD
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.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the latest Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
STANDARD METHODS
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.
STATE
Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting exclusively therefrom.
SURCHARGE
An additional charge for the treatment of extra-strength wastewater in excess of the basic charge for the treatment of wastewater.
TOTAL KJELDAHL NITROGEN (TKN)
The sum of the organic nitrogen and ammonia nitrogen present in wastewater, as measured by standard laboratory procedure as described in Standard Methods.
TOTAL SUSPENDED SOLIDS (TSS)
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.
TOWNSHIP
Westtown Township, a political subdivision of the Commonwealth of Pennsylvania.
USER
Any person who contributes wastewater into the sewerage system.
WASTEWATER
The combined flow of sanitary sewage and industrial wastewater, together with such quantities of infiltration and inflow as may be present.
WEST GOSHEN TOWNSHIP
A political subdivision of the Commonwealth of Pennsylvania, which, pursuant to an intermunicipal agreement with Westtown Township dated January 14, 1998, has agreed to accept sanitary sewage from Westtown Township for treatment at the West Goshen Township Wastewater Treatment Plant.
WEST GOSHEN TOWNSHIP SEWERAGE SYSTEM
The sewage collection and treatment system of West Goshen Township and West Goshen Township 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 35 P.S. § 755.1 et seq.
[3]
Editor’s Note: The former definition of "milligrams per liter," which immediately followed this definition, was repealed 1-19-2010 by Ord. No. 2010-1.
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.
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:
A. 
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.
B. 
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.
C. 
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, Section 261.21.
D. 
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.
E. 
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.
F. 
Containing pollutants, including oxygen-demanding pollutants, (BOD etc.), released in a discharge at a flow rate and/or pollutant concentration which, either single 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, plants, create a toxic effect in the receiving waters of the POTW, or exceed any limitation set forth in a National Categorical Pretreatment Standard.
G. 
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.
H. 
Containing objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.
I. 
Containing radioactive substances of such half-life or concentration as may exceed limits which are prohibited by applicable state or federal regulations.
J. 
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.
K. 
Containing any substance which will cause the sewerage system to violate the Municipal Authority's NPDES permit, the West Goshen Township Sewer Authority's NPDES permit (for users who are connected to the West Goshen Township sewerage system) or the receiving water quality standards.
L. 
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.
M. 
Containing nonbiodegradable complex carbon compounds.
N. 
Constituting a slug load.
O. 
Containing stormwater, surface water, uncontaminated groundwater, roof runoff, foundation drain water or drainage from the fields.
P. 
Containing any garbage with particles greater than 1/2 inch in size.
Q. 
Containing pesticides, unless upon written request, special permission is obtained from the Township.
R. 
Causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test.
[Added 1-19-2010 by Ord. No. 2010-1]
S. 
Detergents, surface-active agents, or other substances that might cause excessive foaming in the POTW.
[Added 1-19-2010 by Ord. No. 2010-1]
A. 
Tank truck or hauled waste discharges to the sewerage system are prohibited, except as authorized hereinafter.
B. 
Tank truck or hauled wastes may only be discharged into sewerage system upon the issuance of a discharge permit by the Township.
C. 
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.
D. 
Tank truck or hauled waste discharges shall not include any industrial wastewater except as authorized in writing by the Township.
E. 
Prior to discharge, the tank truck or hauled waste shall be subject to inspection and sampling by the Township.
F. 
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.
A. 
Any user discharging wastewater to the sewerage system defined as extra-strength wastewater in this article or as revised in such resolutions as the Township or West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system shall adopt from time to time shall pay the surcharge established in this Chapter or as amended by resolution of the Board of Supervisors. The effective date of any change in definitions or fees shall be stated in all such resolutions.
B. 
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 Township or West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system), in accordance with the formulas set forth in the current pretreatment chapter. The Township and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) 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.
C. 
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.
D. 
The surcharge billings shall be in addition to any other quarterly sewer use charge paid by the user to the Township. Payment of a surcharge shall not relieve the user of its obligation to comply with the local loading limits promulgated by resolution in § 132-34B of this article.
A. 
Permit required for discharge of industrial wastewater. Prior to the discharge of any industrial waste or other waste not defined as sanitary sewage into the sewerage system, the discharger shall first obtain an industrial wastewater discharge permit issued by the Township.
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 Township's NPDES permit or the West Goshen Township Sewer Authority's NPDES permit (in the case where the user is connected to the West Goshen Township sewerage system).
(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.
(7) 
The Pretreatment Coordinator may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of §  132-31.
[Added 1-19-2010 by Ord. No. 2010-1]
A. 
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 §§ 132-31 and 132-34 of this article. Slug control plans shall be submitted, as requested, to both the Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system, 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:
(1) 
A description of discharge practices, including nonroutine discharges, and a complete description of stored chemicals.
(2) 
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.
(3) 
Procedures to prevent adverse impacts from such discharges and procedures to prevent reoccurrence of all such discharges.
B. 
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 Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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.
C. 
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 1-19-2010 by Ord. No. 2010-1]
D. 
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 1-19-2010 by Ord. No. 2010-1]
E. 
A notice shall be permanently posted by each industrial user on a bulletin board or other prominent place advising employees whom 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 1-19-2010 by Ord. No. 2010-1]
F. 
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 1-19-2010 by Ord. No. 2010-1]
If the National Categorical Pretreatment Standards, located in 40 CFR Chapter 1, Subchapter N, Parts 405 through 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.
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.
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.
The Township reserves the right to establish more stringent limitations or requirements on discharges to the sewerage system.
A. 
General.
(1) 
No industrial users shall connect to or discharge wastewater to the sewerage system without an industrial waste discharge permit.
(2) 
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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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.
(3) 
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:
(a) 
Obtain an industrial waste discharge permit; and
(b) 
Provide the baseline monitoring information required by 40 CFR 403.12(b), as amended from time to time. This information shall be incorporated into the application for an industrial waste discharge permit.
B. 
Permit application.
(1) 
Industrial users shall file with the Pretreatment Coordinator a complete and accurate industrial waste discharge permit application in the form prescribed by the Township.
(2) 
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 and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system shall have, at their discretion, the right to inspect the premises, equipment and material and laboratory testing facilities of the applicant.
(3) 
Notwithstanding the above, the applicant shall provide the following minimum information to the Pretreatment Coordinator:
(a) 
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.
(b) 
Description of the industry and the manufacturing processes or operations that occur there and the types of products that are produced.
(c) 
Applicable standard industrial classification codes for activities conducted at the facility.
(d) 
Statement as to whether the industry is subject to compliance with National Categorical Pretreatment Standards, and if so, which ones apply.
(e) 
Indication and description of the sources of or the processes that produce industrial wastewaters.
(f) 
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 Section 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.
(g) 
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.
(h) 
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.
(i) 
Schematic flow diagram showing the existing and proposed sources of industrial wastewater and the on-site treatment processes.
(j) 
The quantity of sludge removed from the industrial user's facility system and their method and location of disposal.
(k) 
Description of any other wastes that are removed from the industrial user's facility system, their quantities and methods and locations of disposal.
(l) 
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.
(m) 
Plans and specifications for a sampling manhole.
(n) 
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.
(o) 
Such additional information as the Township shall require.
(4) 
Review and approval.
(a) 
The industrial waste discharge permit application shall be reviewed by the Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system and if acceptable to such municipality, shall be submitted to the Pretreatment Coordinator for review and approval.
(b) 
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 or West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system, is not in conformance with federal, state 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.
(5) 
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 control authority'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.
(6) 
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 and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) 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 and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) shall include a compliance schedule acceptable to the Township and/or West Goshen Township as the case may be, 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:
(a) 
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 contract for major components, commencing construction, completing construction, etc.).
(b) 
No increment shall exceed nine months.
(c) 
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.
C. 
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:
(1) 
To incorporate any new or revised federal, state or local pretreatment standards or requirements.
(2) 
Material or substantial alterations or additions to the discharger's operation which were not covered in its current permit.
(3) 
A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge.
D. 
Permit conditions.
(1) 
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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system. Permits shall contain the following:
(a) 
Effluent limits, including best management practices, based on applicable petreatment standards;
[Amended 1-19-2010 by Ord. No. 2010-1]
(b) 
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 1-19-2010 by Ord. No. 2010-1]
(c) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Township and affording the Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system access thereto;
(d) 
Requirements for notification of the Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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;
(e) 
Requirements for notification of slug discharges;
(f) 
List of prohibited discharges;
(g) 
Statement of duration of the permit;
(h) 
Notification of the rules regarding transferability, if allowed;
(i) 
Notification of penalties provided for noncompliance; and
(j) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(k) 
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 1-19-2010 by Ord. No. 2010-1]
(l) 
Indemnification of the Township and such municipality from all liability resulting from or on account of any discharge; and
[Amended 1-19-2010 by Ord. No. 2010-1]
(m) 
Requirements to control slug discharge, if determined by the Pretreatment Coordinator to be necessary.
[Added 1-19-2010 by Ord. No. 2010-1]
(2) 
Permits may also contain other requirements, including but not limited to:
(a) 
Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(b) 
Requirements for installation and maintenance of inspection and sampling facilities and pretreatment facilities;
(c) 
Compliance schedules; and
(d) 
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.
(3) 
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.
E. 
Permit duration and permit fees.
(1) 
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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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 may 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system shall use their best efforts to inform the industrial user of such change at least 60 days prior to the effective date of the change, but its/their 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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/she 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system an implementation schedule acceptable to the Township and such municipality contemporaneously with the extension request.
(2) 
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.
F. 
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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system. 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.
G. 
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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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.
H. 
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 the EPA.
A. 
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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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.
B. 
Periodic compliance reports.
[Amended 1-19-2010 by Ord. No. 2010-1]
(1) 
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.
(2) 
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]:
(a) 
The facility described as [facility name] met the definition of nonsignificant categorical industrial user as per § 132-30;
(b) 
The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c) 
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.
(3) 
The Township may impose mass limitations where the imposition of mass limitations is appropriate. In such cases, the periodic compliance report required by Subsection B(1) 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 users industrial waste discharge permit. All sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, and amendments thereto, or with any other test procedures approved by the EPA.
(4) 
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 and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) with the following information as part of each written compliance report:
(a) 
For the reporting period, the rate of production of the process for which categorical standards have been established.
(b) 
The average wastewater flow rate generated by the regulated production activity for the reporting period.
(c) 
Thirty days' notice of any anticipated change in production.
(5) 
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.
(6) 
Except as indicated in Subsection B(7) 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.
(7) 
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.
(8) 
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.
(9) 
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.
C. 
Baseline monitoring report.
(1) 
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 and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system). The report shall include all items required by 40 CFR 403.12(b).
(2) 
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 and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) the baseline monitoring report required by 40 CFR 403.12(b) at least 90 days prior to commencement of discharge from the regulated process or facility.
D. 
Noncompliance discharge report.
[Amended 1-19-2010 by Ord. No. 2010-1]
(1) 
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.
(2) 
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.
A. 
When requested by the Township or West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system, all industrial users shall provide and operate, at their own expense, monitoring facilities to allow inspection, sampling and flow measurements of its industrial waste discharge. The monitoring facility should normally be situated on the industrial user's premises, but the Township or West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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.
B. 
The monitoring facility shall be constructed in accordance with plans and specifications approved by the Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system. 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system. 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.
C. 
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 1-19-2010 by Ord. No. 2010-1]
The Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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 the 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 the EPA will be permitted to enter, without delay.
A. 
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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system prior to the industrial user's initiation of the changes.
B. 
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.
C. 
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.
D. 
All records relating to compliance with pretreatment standards and pretreatment requirements shall be made available to the Township, West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) and the EPA upon request.
E. 
The Township and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) 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.
A. 
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 CFR, Chapter 1, Section 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 4 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system, to the EPA Region III Waste Management Division Director and to the DEP. Failure to provide such notice shall constitute a violation of this article.
B. 
The notification required by Subsection A shall include the name of the hazardous waste as in 40 CFR, Chapter 1, Section 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.
A. 
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.
B. 
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.
C. 
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.
A. 
The flow volume used to determine wastewater flows and surcharges shall be specified in the industrial waste discharge permit and be based on:
(1) 
Direct wastewater metering;
(2) 
Metered water use; or
(3) 
Such other method acceptable to the Township.
B. 
Both the Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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. The municipality which accepts the industrial waste shall be responsible for the reading of all meters or measuring devices. The Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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.
A. 
Immediate suspension of discharge presenting imminent danger.
(1) 
The Township and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system shall order the immediate suspension of discharge of wastewater to the sewer system when such suspension is necessary, in the opinion of the Township or West Goshen Township, as the case may be, 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system, 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 to West Goshen Township's sewerage system. The Township or West Goshen Township shall permit reinstatement of the discharge upon satisfactory proof of the elimination of the imminent and substantial danger referred to above. The industrial user shall submit a detailed written report to the Township and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) 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 and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) shall have the concurrent right and power to suspend discharge by such industrial user to the sewerage system and to enforce the requirements of this subsection.
(3) 
Nothing herein shall be construed to prohibit the Township and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system) 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 and West Goshen Township (in the case where the user is connected to the West Goshen Township sewerage system), 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 and West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system 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 or West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system with the information needed to accurately determine compliance with any pretreatment standard or pretreatment requirement, the Township or West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system, 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 West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system, either the Township or West Goshen Township in the case where the user is connected to the West Goshen Township sewerage system, 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 Chester County, and may, in addition, take such other enforcement action as provided for in this section.
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 this article on all users within its jurisdiction, and establishing procedures for compliance with this article. 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.
A. 
The Township may establish by resolution adopted by the Board of Supervisors a recommended 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 § 132-52 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.
B. 
In furtherance of any such proceeding, the Board or hearing officer, as the case may be, shall have the following powers:
(1) 
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;
(2) 
Issue subpoenas and take the evidence; and
(3) 
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.
C. 
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.
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 circumstance. In any such proceeding, the Township may seek to collect any civil penalties assessed, or unpaid, pursuant to §§ 132-50 and 132-52 hereof.
A. 
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 or the West Goshen Township Sewer Authority relating to the use, operation and maintenance of the sewerage system.
B. 
A discharge from an industrial user presents an imminent or substantial endangerment to the environment.
C. 
A discharge from an industrial user causes the Municipal Authority or the West Goshen Township Sewer Authority to violate any condition of their NPDES permit.
D. 
An industrial user has shown a lack of ability or intention to comply with a pretreatment standard.
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 § 132-49 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,[1] 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
Action to enforce municipalities' ordinances applicable to any user. Each municipality shall at the direction of the Township take any action permitted by law or in equity to enforce any ordinance enacted pursuant to §§ 132-49 or 132-52A of this article.
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,[2] any industrial user who violates any substantive or procedural provision of § 132-34 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 $5,000 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 Section 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.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
D. 
Uses of civil penalties collected by Township. Civil penalties collected pursuant to this section 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.