[Adopted 2-14-1994 by Ord. No. 94-04]
This article shall be known as and may be cited
as the "Eagleview Drainage Basin Sewer Use Ordinance of 1994."
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated. 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.
The Federal Water Pollution Control Act, as amended, also
known as the "Clean Water Act."
The agreement dated February 14, 1994, as amended by the
first amendment to the agreement dated October 22, 2007, by and between
the Township, the Authority and the Hankin Group, pertaining to the
expansion and operation of the EVSTP.
[Amended 12-14-2021 by Ord. No. 2021-05]
The Administrator or the Regional Administrator of EPA.
The Uwchlan Township Municipal Authority.
An authorized representative of a user is:
A principal executive officer of at least the
level of vice president, if the user is a corporation;
A general partner or proprietor if the user
is a partnership or proprietorship, respectively;
A principal executive officer or a person having
responsibility for the overall operation of the user's facility if
the user is a governmental agency, unincorporated organization, or
other similar entity; or
A duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facility with respect to which action hereunder is
required.
The wastewater discharge volume from the most recent calendar
quarter divided by 91.25.
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five days at 20° C. The standard
laboratory procedure shall be found in the latest edition of "Standard
Methods for the Examination of Water and Sewage" published by the
American Public Health Association.
[Amended 12-14-2021 by Ord. No. 2021-05]
The intentional diversion of waste streams from any portion
of an industrial user's facility for pretreatment.
Any industry subject to pretreatment standards as specified in 40 CFR Chapter 1, Subchapter N, establishing quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a treatment plant by existing or new industrial users in specific industrial subcategories.
National Categorical Pretreatment Standards.
The quantity of oxygen, expressed in mg/l, required to chemically
oxidize the organic and inorganic matter in a water or wastewater
sample under the standard laboratory procedure. The standard laboratory
procedure shall be that in the latest edition of "Standard Methods
for the Examination of Water and Sewage" published by the American
Public Health Association.
[Amended 12-14-2021 by Ord. No. 2021-05]
BOD5, total suspended solids, total
Kjeldahl nitrogen, total phosphorus, and fecal coliform bacteria.
A violation of a wastewater discharge limit in which 66%
or more of all of the measurements taken during a six-month period
exceeded (by any magnitude) the daily maximum limit or the average
limit for the same pollutant.
A permit issued by the Township authorizing the discharge
of tank truck or hauled waste at the EWTP.
The facilities in East Caln Township treating wastewater
pursuant to the Intermunicipal Agreement among DARA, the Borough of
Downingtown and the Townships of Caln, East Caln, Uwchlan and West
Whiteland.
[Added 12-14-2021 by Ord. No. 2021-05]
The facility in Uwchlan Township that treats wastewater from
portions of Uwchlan Township and Upper Uwchlan Township.
[Amended 12-14-2021 by Ord. No. 2021-05]
The Township's consulting engineer, as appropriate.
The United States Environmental Protection Agency, including,
where appropriate, the Administrator or other duly authorized official
of said agency.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the commercial handling,
storage and sale of produce.
An individual sample collected over a period of time not
exceeding 15 minutes.
Any person discharging industrial wastewater to the sewerage
system.
A permit authorizing a person to deposit or discharge industrial
wastewater into the sewerage system.
Any water which, during a manufacturing or processing operation,
including those regulated under Sections 307(b), (c), or (d) of the
Act, comes into direct contact with or results from the production
or use of any raw material, intermediate product, finished product,
by-product, or waste product, or any other water contaminated by an
industrial process, and distinct from sanitary sewage.[1]
The inhibition or disruption of the EVSTP processes or operations
which contributes to a violation of any requirement of the Township's
NPDES permit or a decrease in treatment efficiency. The term includes
inhibition or disruption of sewage sludge use or disposal from the
EVSTP in accordance with Section 405 of the Act (33 U.S.C. § 1317)
or any criteria, guidelines, or regulations developed pursuant to
the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic
Substances Control Act, or more stringent state criteria ( including
those contained in any state sludge management plan prepared pursuant
to Title IV of SWDA) applicable to the method of disposal or use employed
by the EVSTP.
[Amended 12-14-2021 by Ord. No. 2021-05]
Numerical limitations on the concentration, mass or other
characteristics of wastes or pollutants discharged to the sewerage
system by industrial users, and which are developed by the Township.
The ratio of weight to volume expressing the concentration
of a specified component in wastewater. Also known as parts per million
(ppm).
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) and which are defined in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of 40 CFR Section
403.5.
Any building, structure, facility, or installation for which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed Categorical Standards
under Section 307(c) of the Act which 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 Section
403.3.
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his agent.
Discharge through the EVSTP which exists in quantities or
concentrations, alone or with discharges from other sources, which
causes a violation of any condition of the Township's NPDES permit.
[Amended 12-14-2021 by Ord. No. 2021-05]
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 the Department of
Environmental Protection.
Any individual, firm, company, partnership, corporation,
association, group or society, including the state and agencies, districts,
commissions and political subdivisions created by or pursuant to state
law and federal agencies, departments or instrumentalities thereof.
The logarithm of the reciprocal of the hydrogen ion concentration
expressed as moles per liter.
Any dredged spoil, solid waste, incinerator residue, sewage,
sewage sludge, garbage, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the sewerage system.
The reduction or alteration may be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR Section 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National Categorical Pretreatment Standard, imposed on
an industrial user.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act,
which applies to industrial users. This term includes National Categorical
Pretreatment Standards, prohibited discharge limits, and local discharge
limits.
Registered professional engineer skilled in the field of
wastewater treatment.
The normal waterborne waste from a household, and toilet
wastes from residences, business buildings, institutions, commercial
and industrial establishments.
Any pump, pipe, conduit or other equipment, which carries,
and any structure that conveys or treats sanitary sewer, industrial
waste or wastewater.
[Amended 12-14-2021 by Ord. No. 2021-05]
Any industrial user that:
[Amended 12-14-2021 by Ord. No. 2021-05]
Is subject to National Categorical Pretreatment
Standards;
Discharges 10,000 gallons or more per day of
industrial wastewater;
Contributes a waste stream which makes up 5%
or more of the dry weather compatible pollutant capacity of the EVSTP;
or
Has a reasonable potential, as determined by
the Township or EPA, to adversely affect the EVSTP by interference,
pass through of pollutants, sludge contaminations, to endanger collection
system and EVSTP personnel, or to violate any applicable pretreatment
standard.
When a quarterly evaluation of significant violations of
the pretreatment standards, or this article, determines either a chronic
(66% of discharge parameters in violation during a six-month period)
or technical review criteria violations of wastewater discharge limit;
interference or pass through at the EVSTP; a failure to accurately
report noncompliance; a failure to provide, within 30 days after the
due date, reports required by this article; a failure to meet, within
90 days after the scheduled date, a compliance schedule milestone;
which results in the Township taking action to halt a discharge of
pollutants; or which the Township determines will adversely affect
the operation or implementation of the local pretreatment program.
[Amended 12-14-2021 by Ord. No. 2021-05]
Any discharge of wastewater having a concentration of pollutants
or flow greater than five times that of the average twenty-four-hour
discharge from a user, over the immediately preceding calendar quarter,
which is discharged continuously for a period longer than five minutes.
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
The latest edition of "Standard Methods for the Examination
of Water and Wastewater," a manual published by the American Public
Health Association specifying analytical procedures for testing and
analysis of wastewater.
The Commonwealth of Pennsylvania.
An additional charge for the treatment of extra-strength
wastewater in excess of the basic charge for treatment of wastewater.
Any violation of a discharge limit in which 33% or more of
all of the measurements for any pollutant parameter taken during a
six-month period equal or exceed the product of the daily maximum
limit or the average limit multiplied by 1.4 for BOD5 and TSS and 1.2 for all other pollutants.
The sum of the organic nitrogen and ammonia nitrogen present
in wastewater, as measured by standard laboratory procedure as described
in Standard Methods.
The total suspended matter that either floats on the surface
of, or is in suspension in, water or wastewater and is removable by
laboratory filtration as prescribed in Standard Methods.
The Township of Uwchlan.
Potential users of the EVSTP identified on the Capacity Allocation
Exhibit attached hereto as Appendix A, and incorporated herein, other
than the Hankin Group or the successors or assigns of the Hankin Group.[2]
[Amended 12-14-2021 by Ord. No. 2021-05]
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples collected at regular intervals
not exceeding one hour, during a twenty-four-hour time span. The sample
may be composited either as a time composite sample (composed of discrete
sample aliquots collected in one container at constant time intervals
providing representative samples irrespective of discharge flow) or
as a flow proportional composite sample (collected either as a constant
sample volume at time intervals proportional to stream flow, or collected
by increasing the volume of each aliquot as the flow increases while
maintaining a constant time interval between aliquots).
Any person who contributes wastewater into the sewerage system.
The combined flow of sanitary sewage and industrial wastewater,
together with such quantities of infiltration and inflow as may be
present.
The private water company or the public agency or municipal
authority that provides water service to customers connected to the
sewerage system.
A.
Allocation of capacity. Allocation of treatment capacity
in the EVSTP to Township users to be consumed in connection with the
development of land within the Eagleview drainage basin shall be in
accordance with the Capacity Allocation Exhibit attached hereto as
Appendix A,[1] and incorporated herein, and the provisions of this article.
The availability of such capacity in terms of gallonage and timing
shall be on a first-come, first-served basis, subject to the terms
of the agreement with respect to the construction of the first expansion,
second expansion and third and subsequent expansions.
[Amended 12-14-2021 by Ord. No. 2021-05]
[1]
Editor's Note: Appendix A is on file in the
Township offices.
B.
Reservation/tapping fee.
[Amended 10-15-1996 by Ord. No. 96-09]
(1)
The Township shall, from time to time, establish by
ordinance a reservation or tapping fee, on a per gallon per day of
capacity basis, to be paid to the Township by Township users to obtain
or reserve an allocation in the first expansion and future expansions
of the EVSTP. In no event shall the reservation fee, on a per gallon
per day of capacity basis, be an amount less than 100% of the base
per gallon per day cost of treatment capacity for the applicable expansion.
In the event the applicable reservation or tapping fee is based on
an engineer's estimate, such reserve capacity shall be sold to the
Township users under the condition that the fee shall be subject to
a supplemental reservation or tapping fee following completion of
the applicable expansion. The reservation or tapping fee and any supplemental
reservation or tapping fee shall be deemed to constitute the entire
capacity and/or reimbursement related tapping fees associated with
such expansion of the EVSTP. In addition, the Township shall, from
time to time, establish by ordinance a connection fee, a customer
facilities fee and similar fees, to be paid to the Township by Township
users upon connection to the sewerage system.
[Amended 12-14-2021 by Ord. No. 2021-05]
(2)
The reservation or tapping fee, on a per gallon per
day of capacity basis, to be paid to the Township by Township users
to obtain or reserve an allocation in the Eagleview Treatment Plant
is $21.16 per gallon per day. Where any building connected to the
sewerage system shall be converted, enlarged or remodeled or additional
buildings shall be constructed on a property and connected indirectly
to the sewerage system so as to create or establish additional uses,
or where a user increases usage beyond the capacity reserved, a supplemental
tapping fee per gallon of additional capacity required shall be paid
by the owner of the property to the Township.
[Amended 11-11-1996 by Ord. No. 96-14]
(3)
The connection fee to be paid to the Township for
the connection of the property from the main to the property line
or curb stop is $165 per connection.
(4)
The customer facilities fee to be paid to the Township
for the connection of the property from the property line or curb
stop to the building to be served is $590 per connection.
C.
Payment of reservation fees to reserve capacity.
(1)
No sewage treatment capacity shall be reserved for a developer or landowner or in connection with a development unless the applicable reservation/tapping fees as established by the Township in accordance with § 200-22B of this article have been paid in full.
(2)
Reservations of capacity shall be made in accordance
with the Capacity Allocation Exhibit, provided that a Township user
must reserve, at one time, all of the capacity allocated to the parcel
to which the reservation pertains prior to any approvals by the Township,
or certification by the Township of any sewage planning modules for
new land development or the subdivision thereof.
(3)
The reservation of capacity shall be deemed effective
upon payment to and acceptance by the Township of the appropriate
fees.
(4)
Each reservation of capacity shall remain in full
force and effect so long as such capacity is used in accordance with
the following schedule:
(5)
In the event the reservation is not actually used
in conformity with the above schedule (as measured by the largest
quarter usage for the year in question), such reservation shall be
reduced by the difference, to the nearest 100 gallons per day, between
the usage required by the above schedule for the year in question
and the actual usage (as measured by the largest quarter usage for
the year in question). The first year shall commence with the first
day of the Township's first full billing quarter following payment
of the appropriate fees.
D.
Payment of minimum sewer rates preserve capacity.
(1)
A Township user shall have the right to preserve its full reservation indefinitely by continuing to pay to the Township, on a quarterly basis, an amount equal to the minimum user charges that would have been due if the reserved capacity had been fully used, which computation will be based on the schedule appearing in § 200-22C(4) of this article during the first four years following a reservation of capacity.
(2)
On the 30th consecutive day on which minimum sewer
rates have been billed and are due and owing but have not been paid,
the reservation of sewage treatment capacity shall be automatically
revoked with the identical effect as if the same had never been reserved.
E.
Forfeiture of capacity.
(1)
Any reduction in the reservation of treatment capacity
resulting from a Township user's failure to utilize such capacity
and/or failure to preserve such capacity by payment of sewer rental
fees shall be deemed forfeited at the time the reservation is lost.
(2)
Neither the Township nor the Hankin Group, its successors
or assigns, shall have any reimbursement or refund obligation whatsoever
to a Township user who pays reservation or tapping fee and/or sewer
rental fees to preserve a reservation of treatment capacity.
F.
Approval of subdivision and land development plans.
No subdivision and land development plan shall be finally approved
or released for recording by the Township unless the same prominently
displays the following textual note:
|
No building permit for a building(s) depicted
in this plan shall be issued unless at the time of application therefor,
adequate sewage treatment capacity is available or has been reserved
pursuant to the Eagleview Drainage Basin sewer use ordinance of 1994,
as may be supplemented and/or amended from time to time, to serve
the use(s) proposed for the said building(s).
|
G.
Approval of sewage planning modules. No planning module
shall be certified by the Township to DEP unless the same prominently
displays the following textual note:
|
Sewage transmission and treatment capacity is
hereby certified as available to serve the development described herein
only during such period as the said capacity shall be reserved by
the developer in conformity with the procedure described in the Eagleview
Drainage Basin sewer use ordinance of 1994, as may be supplemented
and/or amended from time to time, the operative text of which is appended
hereto and incorporated herein by reference as if the same were here
reprinted at length. The landowner and developer, by executing this
application hereby consent to the revocation of the reservation of
sewage treatment capacity in the event of failure to comply with the
requirements specified in the ordinance. Landowner and developer here
acknowledge and stipulate that their consent to such revocation is
a material inducement and that the Township would not have certified
the availability of such capacity in the absence of such consent.
|
H.
Sale or transfer of reserve capacity. No Township
user shall be permitted to sell or transfer any capacity allocated
to a parcel of land and reserved by the user for such parcel of land
to another parcel of land whether owned by the user or by a third
party.
A.
Imposition of sewer rent or charge. There is hereby
imposed upon each property served by the sewerage system and having
the use thereof, sewer rents or charges payable as hereinafter provided,
for the use, whether direct or indirect, of the sewerage system, based
on the schedules of classifications and rates hereinafter set forth.
[Amended 10-23-2006 by Ord. No. 2006-09]
B.
Flat rates for certain classifications in the Eagleview
service area.
[Amended 10-15-1996 by Ord. No. 96-09; 1-12-2004 by Ord. No.
2004-02; 1-3-2011 by Ord. No. 2011-01; 12-12-2011 by Ord. No.
2011-05; 1-6-2014 by Ord. No. 2014-01; 12-14-2015 by Ord. No. 2015-06[1]; 1-10-2022 by Ord. No. 2022-01]
|
Customer Classification
|
Rental
| |
|---|---|---|
|
(a)
|
Each private dwelling or living unit (including
each mobile home space, row house, townhouse, semidetached house,
but excluding multiple-dwelling buildings)
|
$99 per 3-month period
|
|
(b)
|
Each unit in a multiple-dwelling building (whether
owned by a single owner or as a condominium) except as described in
"c" below
|
$99 per 3-month period
|
|
(c)
|
Each unit in a multiple-dwelling building (whether
owned by a single owner or as a condominium) which has no rooms other
than a living room, dining room, kitchen, bathroom and one or two
bedrooms
|
$99 per 3-month period
|
|
(d)
|
Each firehouse, church or municipal building
|
$99 per 3-month period
|
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2016.
C.
Meter rates for industrial, commercial and institutional
users in the Eagleview service area.
[Amended 1-12-2004 by Ord. No. 2004-02; 1-3-2011 by Ord. No. 2011-01; 12-12-2011 by Ord. No. 2011-05; 1-6-2014 by Ord. No. 2014-01; 12-14-2015 by Ord. No. 2015-06[2]; 1-10-2022 by Ord. No. 2022-01]
(1)
Meter rates. Except for those customer classifications enumerated in § 200-23B of this article, the quarterly sewer rents or charges shall be based on the quantity of water used as evidenced by the meter readings of water meters installed by the water company and such other meters or measuring devices as may be installed pursuant to any provisions of this article, and shall be at the rate of $6.60 per thousand gallons of water used.
(2)
Minimum rates. Regardless of water consumption, the minimum charge
for sanitary sewage from industrial, commercial and institutional
establishments shall not be less than $99 for each such establishment
for each three-month period.
(3)
Multiple use. In each case of a combination of one or more commercial,
industrial or institutional establishments in one property, all having
the use of the sewerage system through one sewer connection, then
each such establishment shall be charged the above-mentioned minimum
rate as though each were separately connected to the sewerage system,
and if there is only one water meter for any such combination, the
Township may estimate the amount of water used by each individual
establishment if necessary.
(4)
Schools. Schools (public or other daily schools) shall be charged based upon the quantity of water used by them, at the rates and in the manner provided by § 200-23C(1) of this article for industrial, institutional and commercial establishments, except that, notwithstanding Subsection C(2) of this section, the charge for each school for each quarterly billing period ending September 30 will be subject to a minimum charge equal to the average of the three bills issued for such school next preceding the period ending September 30 in each year.
(5)
Surcharge. In addition to the meter rates set forth in Subsection C, any person whose wastewater characteristics for BOD5 TSS, ammonia-nitrogen or phosphorous exceed the typical concentrations in excess of those expected for typical domestic dischargers, as stated in § 200-24C of this article, whether authorized by an agreement with the Township or otherwise, shall be required to pay to the Township a surcharge, as detailed in § 200-24C of this article.
[2]
Editor's Note: This ordinance provided for an effective date
of 1-1-2016.
D.
Measuring volume for the purpose of § 200-23C.
(1)
Methods of measuring volume.
(a)
Whenever a person purchasing all water used
from the water company discharges sanitary sewage and/or industrial
waste into the sewerage system, the volume of water used, as determined
from meter readings of the water company, shall be used in computing
the sewer rentals.
(b)
In cases where a person has a source of water
supply in addition to or other than from the water company and discharges
sanitary sewage and/or industrial waste into the sewerage system,
such person shall permit the Township to install a meter on such additional
or other source of supply. The total amount of water consumed shown
by these meter readings will be used in computing the sewer rentals.
[Amended 12-14-2021 by Ord. No. 2021-05]
(c)
In cases where a person uses water from the
water company and/or from an independent supply such that all or any
part of the water so used is not discharged into the sewerage system,
the quantity of water used to determine the sewer rentals shall be
computed by one of the following methods as determined by the Township:
[1]
By placing a meter or measuring device on the
sewer connection, the readings from this meter or measuring device
shall be used in computing the sewer rentals.
[2]
By placing a meter or measuring device on the
effluent not discharging into the sewerage system, the reading from
this meter or measuring device will then be deducted from the total
water meter readings and the remainder will be used in computing the
sewer rentals.
[3]
When it is not practical to install measuring
devices to determine continuously the quantity of water not discharged
into the sewerage system, the Township will determine, in such manner
and by such method as it may prescribe, the percentage of metered
water discharged into the sewerage system, and the quantity of water
used to compute the sewer rental shall be the percentage so determined
of the quantity measured by the water meter or meters. Any dispute
as to the estimated amount shall be submitted to the Board of Supervisors
of the Township, after notice of the estimate, whose decision on the
matter shall be final.
(2)
Measuring devices. All meters or measuring devices required to be used under the provisions of this article [except those provided by the water company or those provided by the Township under § 200-23D(1)(b) above] shall be furnished and installed by the Township at the expense of the property owner. All such meters or measuring devices (except those provided by the water company) shall be under the control of the Township, and may be tested, inspected or repaired by Township employees whenever the Township shall deem necessary. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made by the Township at the property owner's expense, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such installation and repairs shall be due and payable at the same time and collected in the same manner as are the bills for sewer services; such bills from and after their due date shall constitute a lien upon the property upon which such measuring device is installed.
(3)
Meter readings. The Township shall be responsible
for the reading of all meters or measuring devices (except to the
extent the water company's readings are used), and they shall be made
available to Township employees for meter reading at any reasonable
time.
E.
Changes in classification, additional classifications
and modifications. If use or classification of any property should
change within any quarterly period, the difference in the sewer rental,
prorated on a monthly basis to the nearest calendar month, will be
charged or credited, as the case may be, on the bill for the succeeding
quarterly period. Additional classifications and additional sewer
rentals may be established by the Township from time to time.
F.
Time and methods of payments. Sewer rentals or charges shall be paid quarterly, and billings for sewer rentals shall be made by bills dated, and on, the first days of January, April, July and October of each year, for the three-month period immediately preceding the date of the bill. The bills for sewer rentals under § 200-23B and C for the quarterly period during which a property is first connected to the sewerage system will be prorated on the basis of the applicable rate. All bills shall be due and payable on their respective dates.
G.
Penalties for delinquent sewer rentals and liens.
(1)
Penalties, interest, costs, and attorney's fees for
delinquent accounts.
[Amended 4-12-2004 by Ord. No. 2004-04]
(a)
All sewer charges not paid in full by the due
date shall be deemed to be delinquent. A penalty of 10% of the amount
of the quarterly sewer charge shall be added to the quarterly charge
if not paid by the due date.
(b)
Penalties, interest, costs, and attorney's fees
for delinquent accounts shall be in accordance with Uwchlan Township
Ordinance No. 2020-01, "An ordinance approving collection procedures
and adopting interest and schedule of attorney fees and charges to
be added to the amount collected as part of unpaid municipal claims
for delinquent accounts."[3]
[Amended 12-14-2021 by Ord. No. 2021-05]
(c)
Collection procedures shall be commerced for
all accounts delinquent over six months or exceeding $500. The Township
shall charge an administrative fee as set by resolution of the Board
of Supervisors for starting collection procedures, which shall be
added as costs to the amount of the delinquent account.
[Amended 10-22-2009 by Ord. No. 2009-04]
(d)
The Township may terminate sewer service to
any property where the payment of sewer charges has not been paid
by the due date. Sewer service shall not be restored until all delinquent
charges, penalties, costs, interest, attorney's fees, and the cost
of shutting off and restoring service have been paid in full.
(e)
The penalties, interest, costs and charges set
forth above shall be in addition to all other legal and equitable
remedies available to the Township to collect delinquent accounts,
including but not limited to municipal lien and assumpsit remedies.
The amounts of the penalties, interest, costs and charges set forth
above may be changed from time to time by resolution of the Township
Board of Supervisors.
(f)
All sewer rentals not paid by the due date,
and all penalties, interest, costs, charges and attorney's fees thereon,
shall be a lien against the delinquent property and shall be filed
as a lien in the office of the Prothonotary of Chester County and
shall be collected in the manner provided by law for filing and collection
of such liens. The Township shall charge a lien fee as set by resolution
of the Board of Supervisors when the account is referred to the Township
Solicitor for collection, which shall be added as costs to the delinquent
account.[4]
(g)
The delinquent account holder shall also be
responsible for all legal fees incurred by the Township in collecting
the account in accordance with a schedule enacted from time to time
by Township ordinance.
(h)
All liens for delinquent accounts filed as of
the effective date of this article shall be amended to include interest
at the statutory rate of 10% per annum beginning on the date of the
delinquency until paid.
(2)
All persons connected to the sewerage system shall
give the Township their correct address. Failure to receive bills
will not be considered an excuse for nonpayment nor permit an extension
of the period during which bills are payable at face.[5]
[5]
Editor's Note: Former Subsection (c), regarding
delinquent accounts, amended 10-15-1996 by Ord. No. 96-09, which immediately
followed this subsection, was deleted 4-12-2004 by Ord. No. 2004-04.
A.
General discharge restrictions. 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:
[Amended 4-24-2000 by Ord. No. 2000-04; 12-14-2021 by Ord. No. 2021-05]
(1)
Having a temperature which will inhibit biological activity at the
EVSTP 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 EVSTP exceeds 104°
F.
(2)
Containing more than 100 mg/l of fat, oil, wax, or grease, or more
than 25 mg/l of petroleum oils, nonbiodegradable cutting oils, or
other products of mineral origin containing substances which will
solidify or become viscous at atmospheric pressure at temperatures
between 32° F. and 100° F.
(3)
Containing any liquids, solids, or gases at concentrations which
are, or may be sufficient, either alone or by interaction with other
substances, to cause fire or explosion or be injurious in any other
way to the sewerage system or to the operation of the EVSTP. 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 261.21.
(4)
Containing solid or viscous substances at concentrations which will
cause obstruction to the flow in a sewer or other interference, such
as, but not limited to: ashes, cinders, spent lime, stone dust, sand,
mud, straw, shavings, metals, glass, rags, grass clippings, feathers,
tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building
materials, rubber, asphalt residues, hairs, bones, leather, porcelain,
china, ceramic wastes, polishing wastes, or glass grindings.
(5)
Having a pH, stabilized, lower than 6.0 or higher than 9.0, or having
any other corrosive or scale forming property capable of causing damage
or hazard to structures, equipment, bacterial action or personnel
of the sewerage system.
(6)
Containing pollutants in sufficient quantity, either singly or by
interaction with other pollutants, to injure or cause interferences,
cause pass through, constitute a hazard to humans, animals or plants,
create a toxic effect in the receiving waters of the EVSTP, or to
exceed the limitation set forth in a National Categorical Pretreatment
Standard.
(7)
Containing any noxious or malodorous liquids, gases, or solids which,
either singly or by interaction with other wastes, are sufficient
to create a public nuisance or result in toxic gases, vapors, or fumes
in the sewerage system in a quantity that will cause worker health
and safety problems.
(8)
Containing objectionable color not removed in the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions.
(9)
Containing radioactive substances of such half-life or concentration
as may exceed limits which are prohibited by applicable state or federal
regulations.
(10)
Prohibited by any permit, statute, rule, regulation, and ordinance
issued or promulgated by any public agency, including the state and
the EPA.
(11)
Containing any substance which will cause the EVSTP to violate
its NPDES permit or the receiving water quality standards.
(12)
Containing any substance which shall cause the EVSTP to be in
noncompliance with sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act or be in noncompliance
with any criteria, guidelines, or regulations affecting sludge use
or disposal promulgated pursuant to the Solid Waste Control Act, or
State Clean Air Act, the Toxic Substances Control Act, or state criteria
applicable to the sludge management method being used.
(13)
Containing nonbiodegradable complex carbon compounds.
(14)
Constituting a slug load.
(15)
Containing stormwater (from pavements, area ways, roofs, foundation
drains or other sources), surface water, groundwater, artesian well
water, subsurface drainage, swimming pool drainage, condensate, deionized
water, noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by the Township.
(16)
Containing any garbage with particles greater than 1/2 inch
in size.
(17)
Containing pesticides, unless upon written request, special
permission is obtained from the Township.
B.
Trucked or hauled wastewater. Tank truck or hauled
waste discharges to the sewerage system are prohibited, except as
authorized hereinafter.
(1)
Tank truck or hauled wastes may only be discharged
at the EVSTP upon the issuance of a discharge permit by the Township.
[Amended 12-14-2021 by Ord. No. 2021-05]
(2)
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.
(3)
Tank truck or hauled waste discharges shall not include
any industrial wastewater.
(4)
Prior to discharge, the tank truck or hauled waste
shall be subject to inspection and sampling by the Township.
(5)
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.
C.
Strength of waste surcharge.
(1)
Any user discharging a wastewater to the sewerage
system with a BOD5 concentration exceeding 200 mg/l or a total suspended solids concentration exceeding 150 mg/l or an ammonia-nitrogen concentration exceeding 20 mg/l or a phosphorus concentration exceeding 10 mg/l (extra-strength waste) shall pay a surcharge, as detailed in Subsection C(2).
(2)
No user shall discharge into the sewerage system any
extra-strength wastewater without the written consent of the Township
evidenced by an agreement providing for sampling and the payment of
a surcharge to the Township, in accordance with the following formula:
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Surcharge = (0.00834) QI [(BODI - 200) TA + (TSSI -
150) TB]
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Where:
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QI =
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is the industrial or commercial waste flow expressed
in million gallons.
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BODI =
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concentration of biochemical oxygen demand of
the industrial or commercial flow expressed in milligrams per liter
(mg/l).
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TSSI =
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concentration of total suspended solids of the
industrial or commercial flow expressed in milligrams per liter (mg/l).
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TA =
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actual treatment costs incurred by the Township
for removal of 1,000 pounds of BOD5 as determined
annually by the Township and based on the actual costs of operation
and maintenance.
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TB =
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actual treatment costs incurred by the Township
for removal of 1,000 pounds of total suspended solids as determined
annually by the Township and based on the actual costs of operation
and maintenance.
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(3)
The surcharge computations shall be based on the wastewater
sample analyses for the most recent complete calendar quarter. The
surcharge formulas are independent of each other and shall be assessed
singly or in combination, as applicable, for BOD5 and total suspended solids, greater than 200 mg/l and 150 mg/l,
respectively. Any surcharge formula producing a negative value shall
be disregarded.
(4)
The value of QI used to determine
surcharges shall be based on the user's metered wastewater flow, available
water consumption records, or as estimated by the engineer.
(5)
The surcharge billings shall be in addition to any
other quarterly sewer use charge paid by the user to the Township.
(6)
The Township shall bill the amount of the surcharge
to the user in its next regular billing after the determination of
the surcharge and the user shall pay same under the terms and on the
same schedule as the other amounts due under that bill.
A.
General. No industrial wastewater shall be discharged into the sewerage system in violation of § 200-24 hereof and unless the person discharging the same shall have obtained an industrial waste discharge permit, except as authorized by the Township in accordance with the provisions of this article.
B.
Qualitative limits.
(1)
The Township shall establish 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.
(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 approval authority.
(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; and physical, chemical,
or biological damage to the sewerage system.
(5)
Local discharge limits applicable to industrial users
shall be adopted by ordinance by the Township. Local discharge limits
applicable to all significant industrial users shall be included in
all industrial waste discharge permits.
C.
Spills or slug loads.
(1)
All industrial users shall provide and maintain at their own expense facilities adequate to prevent an accidental discharge or slug load of any substance stored or used at the industrial user's facilities that, if discharged into the sewerage system, will violate any of the provisions of § 200-24A or 200-25B of this article. Detailed facility plans and operating procedures to provide this protection (accidental discharge prevention facility plans and procedures) shall be submitted to the Township before construction of said facility. The plan shall contain, at a minimum, a description of discharge practices, including nonroutine discharges; description of stored chemicals; procedures both to notify the EVSTP immediately of accidental discharges and slug loads and procedures to prevent adverse impacts from such discharges and procedures to prevent such discharges. All existing industrial users shall provide accidental and slug load discharge prevention facility plans and procedures, or demonstrate to the satisfaction of the Township that they are not needed, within 180 days of the adoption of this article. Industrial users proposing to connect to the sewerage system after the effective date of this article shall submit accidental and slug load discharge prevention facility plans and procedures to the Township for approval, or demonstrate to the satisfaction of the Township 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.
[Amended 12-14-2021 by Ord. No. 2021-05]
(2)
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, the Township 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.
(3)
Within five days following an accidental discharge
or slug load, the industrial user shall submit to the Township 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 users of any liability
on account thereof.
(4)
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 inform all employees who may cause or suffer such
an accidental discharge to occur, of the emergency notification procedure.
D.
National Categorical Pretreatment Standards. If the National Categorical Pretreatment Standards, located in 40 CFR Chapter 1, Subchapter N, Parts 405-471, 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 promulgation of the National Categorical Pretreatment Standard.
E.
Dilution prohibition. Except where expressly authorized
to do so by an applicable pretreatment standard or pretreatment requirement,
no industrial user shall increase the use of process water, or in
any other way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with a pretreatment
standard or requirement. The Township may impose mass limitations
on industrial users in cases where the imposition of mass limitations
is appropriate.
F.
State requirements. State requirements and limitations
on industrial wastewater discharges shall apply in any case where
they are more stringent than federal requirements and limitations
or those in this article.
G.
Right of revision. The Township reserves the right
to establish more stringent limitations or requirements on discharges
to the sewerage system.
H.
Industrial waste discharge permits.
(1)
General.
(a)
No significant industrial users shall connect
to or discharge wastewater to the sewerage system without an industrial
waste discharge permit.
(b)
Industrial users which are not significant industrial
users 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 processes, flow, wastewater concentration, wastewater
characteristics, or other changes which result in the industrial user
meeting the definition of significant industrial user, the industrial
user shall immediately upon becoming aware such a change has occurred,
or 90 days prior to such a change if it is planned, notify the Township
and obtain an industrial waste discharge permit within 90 days of
submission of the permit application.
(c)
Where an industrial user, subject to a newly
promulgated National Categorical Pretreatment Standards, has not previously
submitted an application for an industrial waste discharge permit,
the user shall, within 90 days after the promulgation of the application
National Categorical Pretreatment Standard, (1) obtain an industrial
waste discharge permit; and (2) provide the baseline monitoring information
required by 40 CFR 403.12(b). This information shall be incorporated
into the application for an industrial waste discharge permit.
(2)
Permit application.
(a)
Significant industrial users shall file with
the Township a completed industrial waste discharge permit application.
(b)
The application for an industrial waste discharge
permit shall be fully completed and verified in writing by the industrial
user, or a duly authorized and knowledgeable officer, agent or representative
thereof. The application shall contain in units and terms appropriate
for evaluation, such scientific or testing data, or other information,
as may be required by the Township, and the applicant shall pay an
application fee and shall reimburse the Township for all expenses
incurred as a result of the processing of the signed application.
The Township shall have, at its discretion, the right to inspect the
premises, equipment and material, and laboratory testing facilities
of the applicant.
(c)
Notwithstanding the above, the applicant shall
provide the following minimum information to the Township:
[1]
Name and address of the industry; name, title,
and telephone number of responsible official; name, title, and phone
number of person to contact for information about the industrial waste
discharge.
[2]
Description of the industry and the manufacturing
processes or operations that occur there and the types of products
that are produced.
[3]
Applicable Standard Industrial Classification
(SIC) Codes for activities conducted at the facility.
[4]
Statement on whether the industry is subject
to compliance with National Categorical Pretreatment Standards and
which ones apply.
[5]
Indication and description of the sources of,
or the processes that produce, industrial wastewaters.
[6]
Wastewater constituents and characteristics
as required by the Township and as determined by a reliable analytical
laboratory; sampling and analysis shall be performed in accordance
with procedures established by the EPA pursuant to Section 304(g)
of the Act and contained in 40 CFR Part 136, as amended. If the discharge
is from a proposed new discharge, wastewater characteristics shall
be estimated.
[7]
Volume of industrial wastewater to be discharged
to the sewerage system and the methods of measuring same. Flow volume
information shall include the time and duration of the discharge and
the average daily and thirty-minute peak wastewater flow rates, including
monthly and seasonal variations, if any.
[8]
Description of any wastewater treatment facilities
or processes used to treat the industrial wastes prior to their discharge
to the sewerage system.
[9]
Schematic flow diagram showing the sources of
industrial wastewater and the on-site treatment processes.
[10]
The quantity of sludges removed
from the system and their method and location of disposal.
[11]
Description of any other wastes
that are removed from the system, their quantities, and methods and
locations of disposal.
[12]
List of raw materials used or
stored on the premises, their Material Safety Data Sheets (MSDS),
their approximate quantity of usage on a monthly basis, and what they
are used for.
[13]
Plans and specifications for a
sampling manhole.
[14]
Such additional information as
the Township shall request.
(d)
The industrial waste discharge permit application
shall be submitted to the Township for review. No industrial waste
discharge permit shall be issued to an industrial user whose discharge
of materials to sewers, whether shown upon the application or determined
after inspection and testing conducted by the Township, is not in
conformance with federal, state, or Township statutes or 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 municipality and the applicant.
(e)
If the Township denies an application for an
industrial waste discharge permit, the Township shall review the denial,
provided the significant industrial user gives written notice requesting
the review, with appropriate support information within 30 days after
receipt of the denial. The Township shall review the industrial waste
discharge permit application, the written denial, and such other evidence
and matters as the applicant shall present at a public hearing. The
public hearing shall take place no later than 45 days following receipt
of the significant industrial user's request for the review. The Township's
decision shall be provided to the industrial user within 10 days of
the public hearing and shall be final.
(f)
If, based on the characteristics of the significant
industrial user's waste discharge, additional pretreatment and/or
operation and maintenance procedures are required to meet any the
Township, municipal, state or federal pretreatment standards, the
significant industrial user shall submit to the Township, prior to
issuance of the industrial waste discharge permit, the shortest, reasonable
schedule by which the significant industrial user will provide such
additional pretreatment. The Township shall include an acceptable
compliance schedule in the user's industrial waste discharge permit.
The completion date in this schedule shall be no later than the compliance
date established by the EPA for the applicable National Categorical
Pretreatment Standards. The following conditions apply to this schedule:
[1]
The schedule shall contain increments of progress
in the forms of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the significant 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.).
[2]
No increment shall exceed nine months.
[3]
Not later than 14 days following each date in
the schedule and the final date for compliance, the significant industrial
user shall submit to the Township a 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 significant industrial user to return the construction
to the schedule established. In no event shall more than nine months
elapse between such progress reports to the Township.
(3)
Permit modifications. As soon as possible following
the promulgation of a National Categorical Pretreatment Standard,
the industrial waste discharge permit of users subject to such standards
shall be revised, if necessary, to require compliance with such standard
within the time prescribed by such standard.
(4)
Permit conditions.
(a)
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. Permits shall contain the following:
[1]
Limits on the average and maximum wastewater
constituents and characteristics, as based on applicable general pretreatment
standards in 40 CFR Part 403, categorical standards, local limits,
and state and local regulations;
[2]
Requirements for submission of technical reports
or discharge reports, including the information to be contained and
the signatory requirements of these reports;
[3]
Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by the Township,
and affording the Township access thereto;
[4]
Requirements for notification of the Township
in advance of any new introduction of wastewater constituents or any
substantial change in the volume or character of the wastewater constituents
being introduced into the sewerage system;
[5]
Requirements for notification of slug discharges;
[6]
List of prohibited discharges;
[7]
Statement of duration of the permit;
[8]
Notification of the rules regarding transferability;
[9]
Notification of penalties provided for noncompliance;
and
[10]
Specifications for monitoring
programs which may include sampling locations, frequency of sampling,
number, types and standards for tests and reporting schedule.
[11]
Right of entry requirements for
authorized representatives of the Township
[12]
Indemnification of the Township
on account of the discharge.
(b)
Permits may also contain other requirements,
including but not limited to:
[1]
Limits on the average and maximum rate and time
of discharge or requirements for flow regulation and equalization;
[2]
Requirements for installation, maintenance and
inspection of metering equipment, sampling facilities and pretreatment
facilities;
[Amended 12-14-2021 by Ord. No. 2021-05]
[3]
Compliance schedules; and
[4]
Other conditions as deemed appropriate by the
Township to ensure compliance with this article, other municipal ordinances
or other requirements.
(c)
Issuance of an industrial waste discharge permit
in no way relieves the significant industrial user from any liability
on account of its discharge into the sewerage system, whether discharge
is permitted thereby or not.
(5)
Permit duration. Industrial waste discharge permits
shall be issued for a one-year period. If the Township elects not
to cancel the permit on or before its anniversary, the permit will
automatically renew itself for another period of one year upon payment
by the industrial user of the applicable permit renewal fee. The terms
and conditions of the permit shall be subject to modification by the
Township during the term of the permit. The significant industrial
user shall be informed of any proposed changes in its permit at least
30 days prior to the effective date of change. The Township shall
use its best efforts to inform the significant industrial user at
least 60 days prior to the effective date. In the event that such
changes require major changes in pretreatment by the significant industrial
user, and the significant industrial user's failure to comply with
the amended discharge requirements does not itself or with other failures
to comply put the Township in substantial danger of violating any
agreement, permit, regulation or law, then the significant industrial
user shall be allowed a reasonable period of time to comply with the
changes, provided the significant industrial user requests a time
extension and submits to the Township an implementation schedule acceptable
to the Township within the sixty-day period.
(6)
Permit transfer. Industrial waste discharge permits
are issued to a specific significant 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,
or a new or changed operation without the prior written approval of
the Township. The succeeding owner or industrial user shall also comply
with the terms and conditions of the existing industrial waste discharge
permit.
(7)
Waste characteristic change. Any industrial user who
plans or becomes aware of a change in the method of operation or in
the pretreatment facilities which will increase the concentration
of pollutants which are regulated by this article or the volume of
wastewater discharged to the sewerage system shall notify the Township
in writing of the change at least 90 days prior to such change. If
required by the Township, 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 for all expenses incurred as a result of the processing
of the permit. Approval or denial of a new industrial waste discharge
permit shall be regulated by the procedures established hereunder
for the issuance of an original permit.
(8)
Files. The Township will 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 significant industrial user or the EVSTP or when requested by
the Township, the Director of EPA or the Regional Administrator of
EPA.
[Amended 12-14-2021 by Ord. No. 2021-05]
I.
Reporting requirements for significant industrial
users.
(1)
Compliance date report. 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 user
subject to National Categorical Pretreatment Standards shall submit
to the Township a report indicating the nature and concentration of
all pollutants in the discharge from the regulated process which are
limited by such 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 significant industrial user
into compliance with the applicable categorical standards. This statement
shall be signed by an authorized representative of the user and certified
by a qualified professional.
(2)
Periodic compliance reports.
(a)
Each significant industrial user shall submit
to the Township, during the months of April, July, October and January,
unless required more frequently in the significant industrial user's
industrial waste discharge permit or by the Township, a report indicating
the nature and concentration of pollutants in the discharge during
the quarterly reporting period which are regulated by the industrial
waste discharge permit. All monitoring data obtained by valid analytical
techniques must be reported by the significant 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 significant industrial user's industrial
waste discharge permit. At the discretion of the Township, and in
consideration of such factors as high or low flow rates, holidays,
budget cycles, etc., the Township, upon written request from the significant
industrial user, may agree to alter the months during which the above
reports are to be submitted. The report shall also contain the following
certification statement signed by the authorized representative of
the user;
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I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.
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(b)
The Township may impose mass limitations where the imposition of mass limitations is appropriate. In such cases, the report required by § 200-25I(2)(a) of this article shall state the mass of pollutants regulated by categorical standards in the significant industrial user's discharge 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 production and mass where requested by the Township of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the significant industrial user's 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 Part 136 and amendments thereto or with any other test procedures approved by the EPA.
(c)
For categorical industries that have mass limits
as categorical standards, the Township may specify equivalent concentrations
to regulate the strength of the significant industrial user's discharge.
If concentration limits are regulated in lieu of mass discharge limits,
the significant industrial user must provide the Township with the
following information as part of each compliance report:
(d)
The industrial wastewater discharged into the sewerage system shall be sampled and analyzed by and at the expense of the significant 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 Township, within 15 days of completion, with the significant industrial user's periodic compliance report as required in § 200-25I(2)(a) of this article. Frequency of sampling and analyses shall be at least quarter-annually, unless required more frequently by the Township. Unless otherwise stated in the industrial waste discharge permit, all samples are to be time composite samples for the period of discharge or for 24 hours, whichever is less, with sampling intervals of not more than one hour. The samples shall be analyzed for the substances and characteristics required by the significant industrial user's industrial waste discharge permit. The significant industrial user shall follow the proper sample preservation and analysis techniques detailed in 40 CFR 136 or other approved techniques approved by the Township.
(e)
All records and information resulting from the
monitoring activities required by the industrial waste discharge permit
shall be retained by the significant industrial user for at least
five years. This period of retention shall be extended during the
course of any unresolved litigation regarding the significant industrial
user or the EVSTP or when requested by the Township, the Director
of EPA, or the Regional Administrator of EPA.
[Amended 12-14-2021 by Ord. No. 2021-05]
(3)
Baseline monitoring report.
(a)
Where a significant 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), the significant industrial user shall, within
180 days after the promulgation of the applicable National Categorical
Pretreatment Standard, provide this information to the Township. The
report shall include all items required by 40 CFR 403.12(b).
(b)
A new source, or a user proposing to discharge
wastes into the sewerage system that is subject to a National Categorical
Pretreatment Standard, shall submit to the Township the baseline monitoring
report required by 40 CFR 403.12(b) at least 90 days prior to commencement
of discharge from the regulated process or facility.
(4)
Noncomplying discharge report. If sampling performed
by a significant industrial user indicates a violation of this article,
an applicable pretreatment standard, or the significant industrial
user's industrial waste discharge permit, the significant industrial
user shall notify the Township 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
Township within 30 days after becoming aware of the violation.
J.
Monitoring facilities.
(1)
All significant industrial users shall provide and
operate, at their own expense, monitoring facilities to allow inspection,
sampling, and flow measurement of its industrial waste discharge.
The monitoring facility should normally be situated on the significant
industrial user's premises, but the Township may, when such a location
would be impractical or cause undue hardship on the significant industrial
user, allow the facility to be constructed in the public street or
sidewalk area and located so that it will not be obstructed by landscaping
or parked vehicles.
(2)
The monitoring facility shall be constructed in accordance
with plans and specifications approved by the Township. 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 significant industrial
user. The facility shall be located as to be accessible at all times
to persons authorized by the Township. By obtaining an industrial
waste discharge permit, the significant industrial user consents to
the entry upon its land, and agrees to facilitate such entry, by representatives
of the Township, and consents to the use of the monitoring facility
for observation, sampling, and measuring of the wastewater discharge
at all time. Construction of the monitoring facility shall be completed
within 120 days following issuance of the industrial waste discharge
permit.
K.
Inspection and sampling. The Township 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 ready access at all reasonable times to all
parts of the premises for the purpose of inspection, sampling, records
examination and copying or in the performance of any of their duties.
The Township and EPA shall have the right to set up on the industrial
user's property such devices as are necessary to conduct sampling
inspection, compliance monitoring and/or metering operations. Where
an industrial user has security measures in force which would require
proper identification and clearance before entry into their premises,
the industrial user shall make necessary arrangements with its security
guards so that upon presentation of suitable identification, personnel
from the Township or EPA will be permitted to enter, without delay.
L.
Pretreatment.
(1)
Significant industrial users shall provide necessary
pretreatment and flow equalization 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. Any facilities
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 showing
the pretreatment facilities and operating procedures shall be submitted
to the Township for review before construction of the facility. The
review of such plans and operating procedures will 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 approved by the Township prior to the industrial user's
initiation of the changes.
(2)
A significant 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 a significant
industrial user knows in advance of the need for a bypass, it shall
submit prior written notice to the Township, if possible, at least
10 days before the date of the bypass. A significant industrial user
shall give oral notice of an unanticipated bypass that exceeds applicable
pretreatment standards to the Township within 24 hours from the time
the significant industrial user becomes aware of the bypass. A written
report shall also be provided within five days of the time the significant
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 steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the bypass.
(3)
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA upon request.
(4)
The Township shall have access to all such pretreatment
facilities and flow equalization facilities as required by this article
at all reasonable times for purposes of inspection and testing.
(5)
Expenses incurred by the Township, which are directly
attributable to one or more identified dischargers into the sewer
system, or to persons planning to connect one or more properties to
the sewer system, shall be paid to the Township by such discharger
or person within 30 days of receipt of an invoice from the Township.
All such expenses shall be collected by the Township in the same manner
as, and subject to the same penalties for nonpayment thereof, including
interest, discontinuance of service, municipal lien, and assumpsit
remedies. Examples of such expenses include, but are not necessarily
limited to the following:
(a)
All Township expenses, including engineering
and legal fees, for the review of preliminary and final site plans,
sewer plans and profiles, land planning modules, permit applications,
questionnaires, industrial waste discharge permits or agreements.
(b)
All Township expenses, including laboratory
costs for the sampling and monitoring of wastewater quantity or quality
of wastewater discharged to the system.
(c)
All surcharges billed by the Township.
(d)
All fines or monetary penalties imposed by or
passed on by the Township which are directly attributable to a discharge
to the sewer system.
M.
Hazardous waste discharge notification.
(1)
An industrial user discharging any quantity of waste
to the sewerage system, which, if otherwise disposed of, would be
an acute hazardous waste under 40 CFR 261, shall provide a one-time
notification to the Township, the EPA Region III Waste Management
Division Director, and the state hazardous waste authorities.
(2)
The notification required by § 200-25M(1) of this article shall include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, the type of discharge (continuous, batch, or other), and a certification that the industrial user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. If the industrial user discharges more than 50 kilograms of such waste in a month to the sewerage system, the notification shall also include an identification of the hazardous constituents contained in the waste, as estimation of the mass and concentration of such constituents discharged during the month, and an estimation of the mass of constituents expected to be discharged by the industrial user to the sewerage system during the following twelve-month period.
(3)
If an industrial user discharges a nonacute hazardous waste under 40 CFR 261 to the sewerage system, the industrial user shall provide the one-time notification described in § 200-25M(2), if the total mass of hazardous waste discharged to the sewerage system during any month exceeds 15 kilograms.
N.
Confidential information.
(1)
Information and data on an industrial user obtained
from reports, questionnaires, permit applications, permits, notifications,
and monitoring programs and from inspections shall be available to
the public or other governmental agency without restriction unless
the industrial user specifically requests in writing and is able to
demonstrate to the Township's satisfaction that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets of the industrial user.
(2)
When requested by the person furnishing a 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 permit 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 furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
(3)
When information accepted by the Township as confidential
is transmitted to any governmental agency by the Township, a notification
to the industrial user shall be provided by the Township listing the
confidential information transmitted, and the governmental entity
requesting the information.
O.
Measuring volumes of wastewater.
(2)
The Township shall require that each significant industrial
user connected to its sewer system issued an industrial waste discharge
permit install and use any meter or measuring device specified therein
at the significant industrial user's own expense. The significant
industrial user shall maintain the meter or measuring device in accordance
with the manufacturers guidelines and shall calibrate the meter or
measuring device at least quarter-annually, unless otherwise specified
in the industrial waste permit. The Township shall be responsible
for the reading of all meters or measuring devices. The meters and
devices shall be made available for meter reading at any reasonable
time.
[Amended 12-14-2021 by Ord. No. 2021-05]
A.
Immediate suspension by Township of discharge presenting
imminent danger by any user. The Township may order the suspension
of discharge of wastewater by any user when such suspension is necessary,
in the opinion of the Township, in order to stop an actual or threatened
discharge which presents an imminent danger or harm to people or to
the environment or of interference (dangerous discharge). Any user
notified of an order to suspend shall comply therewith immediately.
In the event of a failure of the user to comply voluntarily with the
suspension order, the Township may take such steps as it deems necessary,
including immediate severance of the sewer connection, to effect the
suspension of discharge of the user's wastewater into the sewerage
system. The Township may permit reinstatement of the discharge upon
proof satisfactory to itself of the elimination of the imminent and
substantial danger referred to above. The user shall submit a detailed
written statement to the Township describing the causes of the actual
or threatened discharge and the measures taken to prevent any future
occurrence within 15 days of the date of the first such discharge
or threat of discharge. Nothing herein shall be construed to prohibit
the Township from seeking injunctive relief hereunder or at common
law or taking other enforcement action in connection with a dangerous
discharge.
B.
Termination of service of any user. Any user who violates
any provision of this article, applicable state and federal regulations,
or an industrial waste discharge permit if applicable, is subject,
in addition to any civil or criminal penalties which may be imposed,
to having his service terminated and/or his industrial waste discharge
permit revoked.
C.
Notification of violation by any user. Whenever the
Township finds that the user has violated or is violating this article,
an industrial waste discharge permit, or any prohibition, limitation
or requirement contained herein, the Township may serve upon such
person a written notice stating the nature of the 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 by the user with any such requirement is mandatory.
[Amended 12-14-2021 by Ord. No. 2021-05]
D.
Legal action by the Township. If any person violates the provisions of this article, federal or state pretreatment requirements, or any order related to sewer service, the Township may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of this county. In any such proceeding, the Township may seek to collect any delinquent sewer rentals and all penalties thereon, together with any costs and/or attorneys fees due and payable under § 200-23G hereof, and unpaid, any damages and costs incurred pursuant to § 200-27C hereof, and unpaid, and any fines imposed under § 200-27A hereof, and unpaid.
A.
Fines to be established by Township for violation
by any user. In addition to any other remedy available under this
article, any person who violates or permits the violation of any provision
of this article shall be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each twenty-four-hour period that
a violation of this article continues shall constitute a separate
offense. All fines and penalties collected for the violation of this
article shall be paid over to the Township treasury. Enforcement of
this article shall be by action brought before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. The Township's
Solicitor may assume charge of the prosecution without the consent
of the District Attorney.
[Amended 3-24-1997 by Ord. No. 97-05[1]]
B.
Action to enforce Township's ordinances applicable
to any user. The Township shall take any action permitted by law to
enforce any provision of this article against any user.
C.
Liability for damage to sewerage system. In the event
that any person discharges its waste into the sewerage system which
causes or threatens to cause damage to the Township and/or EVSTP or
to any employee thereof, or discharges any substance that damages
or threatens to damage the receiving stream, that person shall be
liable for the damage thereof; said liability shall include all costs
incurred by the Township, including, but not limited to, costs of
restoration or replacement, fines, legal and engineering fees, and
natural resources damages. The limit of the damage shall be determined
by the Township and the person shall be billed therefor. Legal action
may be taken to enforce collection and/or the Township may terminate
the person's connection to the sewerage system.
[Amended 12-14-2021 by Ord. No. 2021-05]
