Township of Whitehall, PA
Lehigh County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Whitehall as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-18-1997 by Ord. No. 2025]
The short title of this article shall be the "Whitehall Township Sewage and Industrial Wastes Ordinance."
It is declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of Whitehall Township. This article is also enacted to comply with the agreements entered into by the Coplay-Whitehall Sewer Authority and Whitehall Township with, inter alia, the City of Allentown, which require the Township to conform to uniform requirements for users of the publicly owned treatment works for the City of Allentown. Such requirements enable the City and the Township to comply with all applicable State and Federal laws including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403). The objectives of those requirements are:
A. 
To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with it's operation.
B. 
To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters or otherwise be incompatible with the publicly owned treatment works.
C. 
To protect both publicly owned treatment works personnel who may be affected by waste water and sludge in the course of their employment and the general public.
D. 
To promote reuse and recycling of industrial waste water and sludge from the publicly owned treatment works.
E. 
To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the publicly owned treatment works.
F. 
To enable the City to comply with it's National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements and any other Federal and State laws to which the publicly owned treatment works is subject.
The following abbreviations, when used in this article, shall have the designated meanings:
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
U.S. Environmental Protection Agency
gpd
gallons per day
mg/l
milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIC
Standard Industrial Classification
TSS
Total suspended solids
USC
United States Code
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Regional Administrator of EPA, Region III.
AUTHORITY
The Coplay-Whitehall Sewer Authority, a Pennsylvania municipality authority acting by and through it's Board or in appropriate cases, acting by and through it's authorized representatives, which Authority owns and operates the sanitary sewage collection system in the Township of Whitehall which ultimately discharges sewage for treatment into a regional sanitary sewage plant jurisdiction over indirect discharges to and discharges from the publicly owned treatment works and to which authority the Township, by virtue of this and other Parts, has delegated all of its administrative and enforcement powers described in the Industrial Waste Pretreatment Program.
AUTHORIZED REPRESENTATIVE OF THE USER
If the user is a corporation:
A. 
The president, secretary, treasurer or a vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation.
B. 
The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
C. 
If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
D. 
If the user is a Federal, State or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or their designee.
E. 
The individuals described above in Subsections A through C of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the Township.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration (e.g., mg/l).
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 13317) which apply to a specific category of users and which appear in 40 CFR, Chapter 1, Subchapter N, Part 405-471.
CITY
The City of Allentown or the City Council of Allentown.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency or, when appropriate, the Regional Water Management Division Director or other duly authorized official of said agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the publication by EPA or proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.
GRAB SAMPLE
A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE
A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore, is a cause of a violation of the City's NPDES permit of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder or any more stringent State or local regulations: § 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
A. 
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 pretreatment standards under § 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(1) 
The building, structures, facility or installation is constructed at a site at which no other source is located.
(2) 
The building, structure, facility or installation totally replaces the process or product equipment that causes the discharge of pollutants at an existing source.
(3) 
The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
B. 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(2) and (3) of this definition above, but otherwise alters, replaces or adds to existing process or production equipment.
C. 
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
(1) 
Begun, or caused to begin, as part of a continuous onsite construction program.
(a) 
Any placement, assembly or installation of facilities or equipment.
(b) 
Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.
(2) 
Entering into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasability, engineering and design studies do not constitute a contractual obligation under this subsection.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
PASS THROUGH
A discharge which exits the POTW into waters of the United States in quantities of concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity or their legal representatives, agents or assigns. This definition includes all Federal, State and local government entities.
pH
A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of wastewater (including, but not limited to, pH, temperature, TSS, turbidity, color BOD, COD, toxicity or odor).
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS
Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances, these publications appear in § 18-5A of this article.
PUBLICLY OWNED TREATMENT WORKS or POTW
A "treatment work," as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned by the City or any municipality or authority with contributes wastewater to the City's system. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. The term also means:
A. 
A municipality, ad defined in § 502(4) of the Federal Waste Pollution Control Act, which has jurisdiction over indirect discharge to and discharges from this type of treatment works.
B. 
An authority created under the Act of May 2, 1945 (P.L. 382, No. 64) known as the "Municipality Authorities Act of 1945," which has jurisdiction over indirect discharges to and discharges from this type of treatment works.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dishwashing operations, etc.).
A. 
A user subject to categorical pretreatment standards.
B. 
A user that:
(1) 
Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater).
(2) 
Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.
(3) 
Is designated as such by the City or the Authority on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
C. 
Upon a finding that a user meeting the criteria in Subsection B(2) of this definition, has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Authority and/or City may at any time, on their own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR § 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUDGE LOAD or SLUDGE
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 941.2.1.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States Office of Management and Budget.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
MANAGER OF WATER RESOURCES
The person designated by the City to supervise the operation of the POTW and who is charged with certain duties and responsibilities by the City's Sewage and Industrial Waste Ordinance, City Ordinance § 941.
TOWNSHIP
Township of Whitehall, County of Lehigh, Pennsylvania.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid and which is removable be laboratory filtering.
USER OR INDUSTRIAL USER
A source of indirect discharge.
WASTEWATER
Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
A. 
Prohibited discharge standards.
(1) 
General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local government standards or requirements.
(2) 
Specific prohibitions.
(a) 
No user shall introduce or cause to be introduced into the POTW the following pollutants substances or wastewater:
[1] 
Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR § 261.21.
[2] 
Wastewater having a pH of less than 5.0 or more than 12.0, or otherwise causing corrosive structural damage to the POTW or equipment.
[3] 
Solid or viscous substances in amounts which, alone or in combination with other substances, will cause obstruction of the flow in the POTW resulting in interference.
[4] 
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.
[5] 
Wastewater having a temperature that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F. (40°).
[6] 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.
[7] 
Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
[8] 
Trucked or hauled pollutants, except at discharge points designated by the Manager of Water Resources and the Authority in accordance with § 18-11 of this article.
[9] 
Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair.
[10] 
Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit.
[11] 
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.
[12] 
Stormwater, surface water, spring water, groundwater, artesian well water, roof runoff, subsurface drainage, building foundation drainage, drainage from roof leader connections and overflow or drainage from cesspools, drainage from sump pumps, significant quantities of condensate, deionized water, noncontact cooling water and unpolluted water, unless specifically authorized by the Manager of Water Resources and the Authority.
[13] 
Sludges, screenings or other residues from the pretreatment of industrial wastes.
[14] 
Medical wastes, except as specifically authorized by the Manager of Waste Resources in a wastewater discharge permit and by the Authority in writing.
[15] 
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.
[16] 
Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW or its discharge.
[17] 
Fats, oils, or greases of animal or vegetable origin in concentrations greater than 200 mg/l.
[18] 
Pollutants, substances or wastewater prohibited in the POTW by any federal or state permit.
(b) 
Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
(3) 
Surcharge.
(a) 
Nothing contained in this section shall prohibit any special agreement or arrangement between the City, the Authority and any person under which waste of unusual strength or character may be admitted into the POTW. Such waste will be subject to, payment of a surcharge therefore by such persons or by proper and continuous pretreatment before discharge into the sewerage system. However, no such special agreement or arrangement shall allow violation of federal pretreatment requirements. The surcharge shall be revised annually.
(b) 
Waste from any source in any of the following categories shall not be discharged into the sewerage system:
[1] 
Waste having BOD greater than 300 mg/l, unless permitted by a surcharge agreement as provided in Subsection B(3)(a) hereof.
[2] 
Waste having a content of suspended solids greater than 360 mg/l unless permitted by a surcharge agreement as provided in Subsection B(3)(a) hereof.
[3] 
Waste having a content of total Kjeldahl nitrogen greater than 85 mg/l unless permitted by a surcharge agreement as provided in Subsection B(3)(a) hereof.
(c) 
Whenever the approving authority shall deem it necessary for the protection and safe, economical and efficient management of the POTW the owner of an improved property shall provide at the owner's expense such facilities for preliminary treatment and processing of industrial waste as may be necessary to:
[1] 
Reduce BOD to 300 mg/l and suspended solids to 360 mg/l and total Kjeldahl nitrogen to 85 mg/l.
B. 
National categorical pretreatment standards. The categorical pretreatment standards found at 40 CFR, Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated.
(1) 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Authority and the Manager of Water Resources may impose equivalent concentration or mass limits in accordance with 40 CFR § 403.6(C).
(2) 
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Authority and the Manager of Water Resources shall impose an alternate limit using the combined wastestream formula in 40 CFR § 403.6(e).
(3) 
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in the 40 CFR § 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
(4) 
A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR § 403.15.
C. 
State pretreatment standards. (Reserved.)
D. 
Local limits established or revised by City POTW.
(1) 
Limits for discharging pollutants which are of concern to the POTW will be made by the City using headworks loading analyses which have been reviewed and approved by the Allentown Authority. Allocations for discharging such pollutants will be made to each significant industrial user. Limits may be in the form of monthly average concentrations, daily maximum concentration or instantaneous maximum concentration. Limits will be contained in the wastewater discharge permits issued. All concentrations for metallic substances for "total" metal unless indicated otherwise. The Authority and the Manager of Water Resources may impose mass limitations in addition to, or in place of, the concentration-based limitations above.
(2) 
The City retains the right to establish, by ordinance, intermunicipal agreement or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
(3) 
No person shall discharge pollutants into the sewer system which would exceed the limits, or violate the restrictions established by the City or the Manager of Water Resources as described in this section and other portions of this article.
(4) 
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Authority and the Manager of Water Resources may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
A. 
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 18-5A of this article within the time limitations specified by EPA, the State, the Authority or the Manager of Water Resources, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedure shall be submitted to the Authority and the Manager of Water Resources for review, and shall be acceptable to the Authority and the Manager of Water Resources before such facilities are constructed. Review and acceptance of plans are not an endorsement of the effectiveness of any facilities set forth therein and neither the Authority, the Township nor the City shall be held liable in any way for the performance of said facilities. The review of such plans and operating procedures shall in no way relieve the user from the responsibility for modifying such facilities an necessary to produce a discharge acceptable to the Authority under the provisions of this article and to the City under corresponding City ordinances.
B. 
Additional pretreatment measure.
(1) 
Whenever deemed necessary, the Authority or the Manager of Water Resources may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article.
(2) 
The Authority or the Manager of Water Resources may require any person discharging in to the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be use solely for flow equalization.
(3) 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Authority or the Manager of Water Resources, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Township and the Manager of Water Resources and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at their expense.
(4) 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
C. 
Accidental discharge/sludge control plans. At least once every two years, the Manager of Water Resources and/or the Authority shall evaluate whether each significant industrial user needs an accidental discharge/sludge control plan. The Authority or the Manager of Water Resources may require any user to develop, submit for approval and implement such a plan. Alternatively, the Authority or the Manager of Water Resources may develop such a plan for any user. An accidental discharge/sludge control plan shall address, at a minimum, the following:
(1) 
Description of discharge practices, including nonroutine batch discharges.
(2) 
Description of stored chemicals.
(3) 
Procedures for immediately notifying the Manager of Water Resources and of the Authority of any accidental or sludge discharge, as required by § 18-9F of this article.
(4) 
Procedures to prevent adverse impact from any accidental or sludge discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents and/or measures and equipment for emergency response.
D. 
Hauled wastewater.
(1) 
Any tank truck or any equipment used or intended to be used for the removal, transportation and disposal of sewage and industrial wastes shall conform to the following requirements:
(a) 
The container shall be watertight.
(b) 
Tanks, containers or other equipment shall be so constructed that every portion of the interior and exterior can be easily cleaned and shall be kept in a clean and sanitary condition.
(c) 
Piping, valves and permanent or flexible connections shall be accessible and easily disconnected or cleaning purposes.
(d) 
The inlet opening, or opening to every container, shall be so constructed that the material will not spill outside during filling, transfer or transport.
(e) 
The outlet connections shall be so constructed that no material will leak out, run out to other than the point of discharge and shall be of a design and type suitable for the material handled and capable of controlling the flow or discharge without spillage, undue spray or flooding immediate surroundings while in use.
(f) 
No connection shall be made at any time between a tap or outlet furnishing potable water on any premises and any container or equipment holding material by any means other than an open connection.
(2) 
No hauler, operator or other person cleaning cesspools, septic tanks, privies or other equipment for onlot management and storage of sewage shall discharge or otherwise dispose of any wastewater into the Authority's sewer system, whether generated within or without the Township, without the express written consent of the Authority.
A. 
Wastewater analysis. When requested by the Authority or the Manager of Water Resources, a user must submit information on the nature and characteristics of its wastewater within 90 days of the request. The Authority and the Manager of Water Resources are authorized to prepare a form for this purpose and may periodically require users to update this information.
B. 
Wastewater discharge permit requirement.
(1) 
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Authority and the Manager of Water Resources, except that a significant industrial user that has filed a timely application pursuant to § 18-7C this article may continue to discharge for the time period specified therein.
(2) 
The Authority or the Manager of Water Resources may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.
(3) 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in §§ 18-13 and 18-14 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of federal, state and local law.
C. 
Wastewater discharge permitting: existing connection. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to the Authority and the Manager of Water Resources for a wastewater discharge permit in accordance with § 18-7E of this article, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Authority and the Manager of Water Resources.
D. 
Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit who proposes to begin to recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 18-7E of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
E. 
Wastewater discharge permit application contents.
(1) 
All users required to obtain a wastewater discharge permit must submit a permit application. The Authority and the Manager of Water Resources may require all users to submit as part of an application the following information:
(a) 
All information required by § 18-9A(2) of this article.
(b) 
Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
(c) 
Number and type of employees, hours of operation and proposed or actual hours of operation.
(d) 
Each product produced by type, amount, process or processes and rate of production.
(e) 
Type and amount of raw materials processed (average and maximum per day).
(f) 
Site plans, floor plans, mechanical plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge.
(g) 
Time and duration of discharges.
(h) 
Any other information as may be deemed necessary by the Authority and the Manager of Water Resources to evaluate the wastewater discharge permit application.
(2) 
Incomplete or inaccurate application will not be processed and will be returned to the user for revision.
F. 
Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
G. 
Wastewater discharge permit decisions. The Authority and the Manager of Water Resources will evaluate the date furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the Authority and the Manager of Water Resources will determine whether or not to issue a wastewater discharge permit. The Authority and the Manager of Water Resources may deny any application for a wastewater discharge permit.
A. 
Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Authority and the Manager of Water Resources. Each wastewater discharge permit will indicate a specific date upon which it will expire. The user shall apply for permit reissuance at least 180 days prior to the expiration of the user's existing permit.
B. 
Wastewater discharge permit contents. A wastewater discharge permit shall include such conditions as are deemed necessary by the Authority and the Manager or Water Resources to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.
(1) 
Wastewater discharge permits must contain:
(a) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years.
(b) 
A statement that the wastewater discharge permit is nontransferrable without prior notification to the Authority and the City in accordance with § 18-15 of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(c) 
Effluent limits based on applicable pretreatment standards.
(d) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law.
(e) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
(2) 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) 
Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization.
(b) 
Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works.
(c) 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges.
(d) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
(e) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(f) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(g) 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.
(h) 
Other conditions as deemed appropriate by the Authority or Manager of Water Resources to ensure compliance with this article and state and federal laws, rules and regulations.
C. 
Wastewater discharge permit appeals. The Authority and the Manager of Water Resources shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Authority and the Manager of Water Resources to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
(1) 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) 
If the Authority and the Manager of Water Resources fail to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issues wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(5) 
Aggrieved parties seeking review of the final administrative wastewater discharge permit decision may appeal to the Industrial Waste Hearing Board.
D. 
Wastewater discharge permit modification. The Authority and the Manager of Water Resources may modify a wastewater discharge permit for good cause including, but not limited to, the following reasons:
(1) 
To incorporate any new or revised federal, state or local pretreatment standards or requirements.
(2) 
To address significant alterations or addition to the user's operation, process or wastewater volume or character since the time of wastewater discharge permit issuance.
(3) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(4) 
Information indicating that the permitted discharge poses a threat to the POTW, personnel or the receiving waters.
(5) 
Violation of any terms or conditions of the wastewater discharge permit.
(6) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
(7) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR § 403.13.
(8) 
To correct typographical or other errors in the wastewater discharger permit.
(9) 
To reflect a transfer of the facility ownership or operation to a new owner operator.
(Note: Modification for this purpose may not be allowed, permit is transferable as provided in Subsection E)
E. 
Wastewater discharge permit transfer.
(1) 
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 90 days advance notice to the Authority and the Manager of Water Resources and the Authority and the Manager of Water Resources approve the wastewater discharge permit transfer. The notice to the Authority and the Manager of Water Resources must include a written certification by the new owner or operator which:
(a) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.
(b) 
Identifies the specific date on which the transfer is to occur.
(c) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(d) 
Falsifying self-monitoring reports.
(e) 
Tampering with monitoring equipment.
(f) 
Refusing to allow the Authority or the Manager of Water Resources timely access to the facility premises and records.
(g) 
Failure to meet effluent limitations.
(h) 
Failure to pay fines.
(i) 
Failure to pay sewer charges.
(j) 
Failure to meet compliance schedules.
(k) 
Failure to complete a wastewater survey or the wastewater discharge permit application.
(l) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility.
(m) 
Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or this article.
(2) 
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
F. 
Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 18-12E of this article, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.
A. 
Baseline monitoring reports.
(1) 
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Authority and the Manager of Water Resources a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Authority and to the Manager of Water Resources a report which contains the information listed in Subsection A(2) below. A new source shall report the method of pretreatment in intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) 
Users described above shall submit the information set forth below.
(a) 
Indentifying information. The name and address of the facility, including the name of the operator and owner.
(b) 
Environmental permits. A list of any environmental control permits held by or for the facility.
(c) 
Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated process.
(d) 
Flow management. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR § 403.6(e).
(e) 
Measurement of pollutants.
[1] 
The categorical pretreatment standards applicable to each regulated process.
[2] 
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Authority or the Manager of Water Resources, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample analyzed in accordance with procedures set out in § 941.6.10.
[3] 
Sampling must be performed in accordance with procedures set out in § 18-9K of this article.
(f) 
Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(g) 
Compliance schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 18-16B of this article.
(h) 
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 18-7F of this article.
B. 
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 18-9A(2)(e) through (g) of this article.
(1) 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operation).
(2) 
No increment referred to above shall exceed nine months.
(3) 
The user shall submit a progress report to the Authority and the Manager of Water Resources no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule.
(4) 
In no event shall more than nine months elapse between such progress reports to the Authority and the Manager of Water Resources.
C. 
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Authority and the Manager of Water Resources a report containing the information described in § 18-16 of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 18-7F of this article.
D. 
Periodic compliance reports.
(1) 
All significant industrial users shall, at a frequency determined by the Authority and the Manager of Water Resources, but in no case lass than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 18-7 of this article.
(2) 
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(3) 
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Authority and the Manager of Water Resources, using the procedures prescribed in § 18-9K and L of this article, the results of this monitoring shall be included in the report.
E. 
Reports of changed conditions. Each user must notify the Authority and the Manager of Water Resources of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 90 days before the change.
(1) 
The Authority or the Manager of Water Resources may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 18-7E of this article.
(2) 
The Authority and the Manager of Water Resources may issue a wastewater discharge permit under § 18-7 of this article or modify an existing wastewater discharge permit under § 18-8D of the Part in response to changed conditions or anticipated changed conditions.
(3) 
For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and the discharge of any previously unreported pollutants.
F. 
Reports of potential problems.
(1) 
In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a sludge load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Authority and the Manager of Water Resources of the incident. This notification shall include the location of the discharge, type of action, concentration and volume, if known, and corrective actions taken by the user.
(2) 
Within five days following such discharge, the user shall, unless waived by the Authority and the Manager of Water Resources, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this article.
(3) 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
G. 
Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Authority and the Manager of Water Resources as the Authority and the Manager of Water Resources may require.
H. 
Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Authority and the Manager of Water Resources within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Authority and the Manager of Water Resources within 30 days after becoming aware of the violation. The user is not required to resample if the Authority or the Manager of Water Resources samples between the user's initial sampling and when the user receives the results of this sampling.
I. 
Notification of the discharge of hazardous waste.
(1) 
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise dispose of, would be a hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month and an estimation of the mass and concentration of such constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 18-9E of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 18-9A, C and D of this article.
(2) 
Discharges are exempt from the requirements of Subsection I(1) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e), requires a one time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) 
In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Authority and the Manager of Water Resources, the EPA Regional Waste Management Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) 
In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) 
This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder or any applicable federal or state law.
J. 
Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR, Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR, Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.
K. 
Sample collection.
(1) 
Except as indicated in Subsection K(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Authority and the Manager of Water Resources may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2) 
Samples for oil and grease, temperature, pH, cyanide, phenola, sulfides and volatile organic compounds must be obtained using grab collection techniques.
L. 
Timing. 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.
M. 
Recordkeeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities by this article any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples, the dates analyses were performed, who performed the analyses, the analytical techniques or methods used and the results of such analysis. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City or where the user has been specifically notified of a longer retention period by the Manager of Water Resources.
A. 
Right of entry inspection and sampling. The Authority and/or Manager of Water Resources shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the Authority and/or the Manager of Water Resources ready access to all part of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.
(1) 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Authority and/or the Manager of Water Resources will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) 
The Authority and/or the Manager of Water Resources shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(3) 
The Authority and/or the Manager of Water Resources may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(4) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Authority and/or the Manager of Water Resources and shall not be replaced. The costs of clearing such access shall be born by the user.
(5) 
Unreasonable delays in allowing the Authority and/or the Manager of Water Resources access to the user's premises shall be a violation of this article.
B. 
Search warrants. If the Authority and/or the Manager of Water Resources has been refused access to the building, structure or property, or any part hereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City or Authority designed to verify compliance with this article or any permit or order issued thereunder, or to protect the overall public health, safety and welfare of the community, then the Authority and/or the Manager of Water Resources may seek issuance of a search warrant from the appropriate issuing authority.
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the Authority and/or the Manager of Water Resources inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Authority and/or the Manager of Water Resources, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR § 2.302 will not be recognized as confidential information and will be available to the public without restriction.
The Authority and/or the Manager of Water Resources shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
A. 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount.
B. 
Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH).
C. 
Any other discharge violation that the Authority or the Manager of Water Resources believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public.
D. 
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the Authority or the Manager of Water Resources exercise of emergency authority to halt or prevent such a discharge.
E. 
Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance.
F. 
Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules.
G. 
Failure to accurately report noncompliance.
H. 
Any other violation(s) which the Authority and/or the Manager of Water Resources determine will adversely affect the operation or implementation of the local pretreatment program.
A. 
Notification of violation. When the Authority and/or the Manager of Water Resources find that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Authority or the Manager of Water Resources may serve upon that user a written notice of violation. Within 20 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Authority and/or the Manager of Water Resources. Submission of this plan in no way relieves the user of liability of any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Authority and/or the Manager of Water Resources to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B. 
Consent agreements. The Authority and/or the Manager of Water Resources may enter into consent agreements, assurances of voluntary compliance or other similar document establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document.
C. 
Show cause hearing. The Authority and/or the Manager of Water Resources may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Authority or the Manager of Water Resources and show cause why the proposed enforcement action should not be taken, notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
D. 
Compliance orders. When the Authority and/or the Manager of Water Resources finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Authority and/or the Manager of Water Resources may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
E. 
Cease and desist orders.
(1) 
When the Authority and/or the Manager of Water Resources finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Authority or the Manager of Water Resources may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) 
Immediately comply with all requirements.
(b) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(2) 
Issuance of a cease and desist order shall not be a bar against or a prerequisite for, taking any other action against the user.
F. 
Administrative civil penalties.
(1) 
When the Authority and/or the Manager of Water Resources finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or other issued hereunder, or any other pretreatment standard or requirement, the Authority and/or the Manager of Water Resources may fine such user in an amount not to exceed $25,000 regardless of jurisdictional boundaries. Such penalties shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. The penalties may be assessed whether or not the violation was willful or negligent.
(2) 
The authority granted in Subsection F(1) is in addition to the separate authority of the Manager of Water Resources or other City Officials to impose administrative civil penalties under City ordinance. However, in no case shall the total of the penalties imposed under Subsection F(1) and the administrative civil penalties imposed by the City exceed $25,000 per violation per day.
(3) 
Notice of assessment of civil penalty shall state the appeal process to be followed including the name, address and telephone number of the person responsible for accepting such appeal. Said notice shall also contain the date or dates of violation the permit requirement that was violated and the amount of civil penalty assessed. The notice shall state the time frame for appeal. It shall be served personally on the violator or shall be sent by certified mail to the address of the permit holder as noted on the permit.
(4) 
The civil penalty shall be assessed in accordance with Subsection F(5), below, which sets forth the assessment policy considering damage to air, water, land or other natural resources, cost of restoration and abatement, savings resulting to the person for the violation, history of past violations, deterrence of future violations and other relevant factors.
(5) 
Chart for assessment:
Damage to Environment
Points
Cost of Restoration/Abatement
Points
Extreme
5
Over 10,000
5
Severe
4
7,000 to 10,000
4
Moderate
3
5,000 to 6,999
3
Slight
2
2,500 to 4,999
2
None
1
0 to 2,499
1
Savings to Violator
Points
Past Violations
Number of Violations in Last 365 Days
Points
Over 10,000
5
5
5
7,500 to 10,000
4
4
4
5,000 to 7,499
3
3
3
2,500 to 4,999
2
2
2
0 to 2,499
1
1
1
Other Factors
Such as damage to POTW, willfulness or concealment, shall be assessed between one and five additional points based upon the severity.
Points shall be assessed for a violation in accordance with the above charts.
Points shall be totaled and the civil penalty shall be assessed as follows:
Number of Points
Penalty
25
$25,000
20
$20,000
15
$15,000
10
$10,000
5
$5,000
The assessment of penalties may include numbers which are not whole, such as 1.5, to allow flexibility and discretion by the Authority in arriving at a fair and appropriate penalty. The above listed monetary civil penalties shall be then prorated to reflect the less than whole number of points assessed.
Example:
Total Points
=
12.5
Civil Penalty
=
$12,500
(6) 
All civil penalties collected shall be placed in a restricted account and shall only be used by the Authority (or any owner or operator of any portion of the POTW) to repair damage and provide for additional maintenance and costs as a result of violations, to pay penalties imposed by State or Federal government for violation of pretreatment standards, for the costs of investigation and enforcement action resulting in penalty for monitoring of discharge in the pretreatment program and for capital improvement to the POTW.
(7) 
Any party seeking to appeal the assessment of a civil penalty shall do so by filing a notice of appeal with the Authority within 30 days after receipt or service of said notice. The Appeals Board shall hear all such appeals. A transcript shall be made of said hearing at the sole expense of the appellant. Appellant shall pay the cost of appeal and the sum for estimate of stenographer bills at the time of filing shall make the appeal void. The charge for an appeal and the advancement of stenographer costs shall be established by the Authority. After the hearing, any additional stenographer charges shall be billed to appellant and shall be paid in full within 10 days of receipt or appeal shall be null and void ab initio. The Appeals Board shall either affirm the decision of the Authority or reverse or modify the same as the substantial evidence indicates in accordance with the assessment policy adopted by the Authority. Appeals from the decision of the Appeals Board shall be in accordance with state law.
(8) 
Each permit holder shall keep the Authority and the Manager of Water Resources apprised in writing of any change in mailing address. The address on the permit shall be used to send all correspondence and notice of civil assessment to permit holders. The sending of a notice of civil assessment to a permit holder's address on permit shall conclusively be presumed to be valid service; thus, if the certified mail sent to such address is not accepted or picked up by permit holder, the date of service shall be the date that the certified mail was rejected or returned unclaimed.
(9) 
The Authority or the City, as applicable, shall charge all costs for reestablishing the operation of the publicly owned treatment works after a user has violated, or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement. These costs shall be paid by the user within 10 days after notice of assessment of the same. Notice and appeal rights shall be the same as in the case of assessment of civil penalties. Any user not paying said assessment shall pay an additional penalty of 5% of the penalty per month or any part thereof.
(10) 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
A. 
Injunctive relief. When the Authority and/or the Manager of Water Resources finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Authority and/or the Manager of Water Resources may petition the Lehigh County Court of Common Pleas for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this article on activities of the user. The Authority and/or the Manager of Water Resources may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediaton. A petition for injunctive relief shall not be a bar against or a prerequisite for, taking any other action against a user.
B. 
Civil penalties.
(1) 
A user who has violated, or continues to violate, any provisions of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Authority or to the City for a maximum civil penalty of $25,000 per violation, per day. In the case of monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) 
The Authority and/and the Manager of Water Resources may recover reasonable attorneys' fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damage incurred.
(3) 
In determining the amount of civil liability, the Court shall take into account all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.
(4) 
Filing a suit for civil penalties shall not be a bar against or a prerequisite for, taking any other action against a user.
C. 
Criminal prosecution.
[Amended 8-8-2005 by Ord. No. 2578]
(1) 
A user who willfully or negligently violates any provision of this article, a wastewater discharge permit or other issued hereunder or any other pretreatment standard or requirement shall, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Code continues shall be deemed to be a separate violation.
(2) 
A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Code continues shall be deemed to be a separate violation.
(3) 
A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this article, wastewater discharge permit or order issued hereunder or who falsifies, tamper with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Code continues shall be deemed to be a separate violation.
D. 
Remedies nonexclusive. The remedies provided for in this article are not exclusive. The Authority and/or the Manager of Water Resources may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Authority and the Manager of Water Resources may take other action against any user when the circumstances warrant. Further, the Authority and the Manager of Water Resources are empowered to take more than one enforcement action against any noncompliant user.
A. 
Performance bonds. The Authority or the Manager of Water Resources may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the Authority or its designee, in a sum not to exceed a value determined by the Authority or the Manager of Water Resources to be necessary to achieve consistent compliance.
B. 
Liability insurance. The Authority or the Manager of Water Resources may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
C. 
Contractor listing. Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the Authority and Township. Existing contracts for the sale of goods or services to the Authority and Township held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the Authority or Township.
A. 
Upset.
(1) 
For the purpose of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
(2) 
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3), below, are met.
(3) 
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
(a) 
An upset occurred and the user can identify the cause(s) of the upset.
(b) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.
(c) 
The user has submitted the following information to the Authority and the Manager of Water Resources within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days).
[1] 
A description of the indirect discharge and cause of noncompliance.
[2] 
The period of noncompliance, including exact date and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
[3] 
Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(4) 
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(5) 
Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6) 
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
B. 
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 18-5A(1) of this article or specific prohibitions in § 18-5A(2)(a)[3] through [18] of this article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(1) 
A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference.
(2) 
No local limit exists but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.
C. 
Bypass.
(1) 
For the purpose of this section:
(a) 
"Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.
(b) 
"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Subsections C(3) and (4) of this section.
(3) 
Notice.
(a) 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the Authority Manager of Water Resources, at least 10 days before the date of the bypass, if possible.
(b) 
A user shall submit oral notice to the Authority and the Manager of the Water Resources of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hour from the time it becomes aware of the bypass. A written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The Authority and Manager of Water Resources may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(4) 
When prohibited.
(a) 
Bypass is prohibited and the Manager of Water Resources may take an enforcement action against a user for a bypass, unless:
[1] 
Bypass was unavoidable to prevent loss of life, personal injury or severe property damage.
[2] 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance.
[3] 
The user submitted notices as required under Subsection C(3) of this section.
(b) 
The Authority and the Manager of Water Resources may approve an anticipated bypass, after considering its adverse effects, if the Manager of Water Resources determines that it will meet the three conditions listed in Subsection C(4)(a) of this section.
A. 
The City has appointed and established in Industrial Hearing Board pursuant to City Ordinance No. 13248 for the resolution of differences between the Manager of Water Resources and owners of any improved property on matters concerning the interpretation and execution of the provisions of Article 941 of the City Sewage and Industrial Waste Ordinance. The Township hereby agrees to adopt the City's Industrial Hearing Board as its own for the resolution of differences between the Authority and/or the Manager of Water Resources and the owners of any improved property on matters concerning the interpretation and execution of the provisions of this article.
B. 
The Hearing Board shall have the following powers:
(1) 
To hear appeals from any person aggrieved by the application of this article, by the Authority and/or the Manager of Water Resources.
(2) 
To make rules with regard to conducting its hearings, such rules to be submitted to City Council for their advice and consent.
(3) 
To make such finding of fact as may be required by the application of this article.
(4) 
To decide questions presented.
C. 
Aggrieved parties seeking judicial review of a decision of the Industrial Waste Hearing Board must file an appeal pursuant to state law.
A. 
Pretreatment charges and fees. The Authority and the City may adopt reasonable fees for reimbursement of costs of setting up and operating the pretreatment program which may include:
(1) 
Fees for wastewater discharge permit applications including the cost of processing such applications.
(2) 
Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing a user's discharge and reviewing monitoring reports submitted by users.
(3) 
Fees for reviewing and responding to accidental discharge procedures and construction.
(4) 
Fees for filing appeals.
(5) 
Other fees as the Authority may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and separate from all other fees, fines and penalties chargeable by the Authority, the Township or the City.
[Adopted 1-9-2012 by Ord. No. 2-2012]
This article shall be known as the "Whitehall Township Holding Tank Ordinance."
This article is authorized by the Pennsylvania Clean Streams Law, Act of 1937, June 22, P.L. 1987, as amended, 35 P.S. § 691.1 et seq.; the Pennsylvania Sewage Facilities Act, Act of 1966, Jan. 24, P.L. (1965) 1535, as amended, 35 P.S. § 750.1 et seq.; and, by the applicable regulations of the Department of Environmental Resources, including specifically 25 PA Code, Section 71.63.
The purpose of this article is to provide for the installation, maintenance, and removal of holding tanks; and to provide a means of assuring that proper security is provided to enable the Township of Whitehall to properly remove such tanks should the owner thereof default on his responsibilities; and to establish penalties for violations of said article.
When used in this article, the following words shall have the meanings ascribed to them herein.
ACT 537
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq; also known as the "Pennsylvania Sewage Facilities Act."
BOARD
The Board of Commissioners of the Township of Whitehall, Lehigh County, Pennsylvania.
DER
The Department of Environmental Resources of the Commonwealth of Pennsylvania.
HOLDING TANK
A tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
OFFICIAL SEWAGE FACILITY PLAN
The Whitehall Township Act 537 Sewage Facilities Plan as approved by the DER.
PERSON
Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau, or agency of the commonwealth or other political subdivision, municipality, district, authority, or any other legal entity whatsoever recognized by law. Whenever used in any clause prescribing or imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipality, public or private corporation, whether for profit or not for profit.
RETAINING TANK
A watertight receptacle that receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site.
SEWAGE
A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation, or which constitutes pollution under the Pennsylvania Clean Streams Law.
SEWAGE ENFORCEMENT OFFICE (SEO)
The official of Whitehall Township who issues permits, reviews permit applications and sewage facilities planning modules, and conducts investigations and inspections necessary to implement the Sewage Facilities Act and the regulations thereunder.
The provisions of this article shall apply to all persons owning any property within Whitehall Township serviced by a holding tank for the first time after the effective date of this article and to all persons within Whitehall Township installing, repairing, altering, or removing a holding tank. This article shall not apply to existing holding tanks lawfully in use at the time of the enactment of this article.
Permits may be issued only for holding tanks of institutional, recreational, or commercial establishments and that have sewage flow of 400 gallons per day or less.
All permits issued shall meet the following requirements:
A. 
No person shall install, construct, or alter a holding tank system without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with the provisions and standards adopted pursuant to Act 537.
B. 
No holding tank shall be covered from view until approval to cover the same has been given by the SEO. If 72 hours have elapsed, excepting Sundays and holidays, since the SEO issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been specifically refused by the SEO.
C. 
The Board may require applicants for holding tank permits to notify the Township's SEO of the schedule for construction of the holding tank so that inspections in addition to the final inspection required by Act 537 may be scheduled and performed by the SEO.
D. 
No zoning permit, building permit, or occupancy permit shall be issued by Whitehall Township or its designated Zoning Officer for a building which will contain a holding tank until a valid permit under this article and Act 537 has been obtained from the SEO.
E. 
No zoning, building, or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure if served by a holding tank if said alteration or conversion will result in an increase or potential increase in sewage flows from the structure until the structure's owner receives from the SEO either a permit for alteration or replacement of the existing holding tank or written notification that such a permit will not be required. The SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
F. 
No building or occupancy permit shall be issued for any structure to be served by a holding tank until the owner of said structure has entered into an agreement and provided the security required under this article.
G. 
A permit for a holding tank may be issued only when the SEO has certified that an existing system has failed and that the site is unsuitable for any replacement system so that a holding tank is necessary to remedy the existing system failure, or in the alternative that the Board allows such system on the basis that the area where the holding tank will be installed will be connected to a community sewage system within one year of the installation of the holding tank so that said holding tank will be for a temporary measure only.
The SEO shall have the right to conduct inspections of holding tanks as follows:
A. 
The SEO shall conduct, at a minimum, an annual inspection of each holding tank within the Township and prepare a written inspection report, one copy of which shall be delivered to the owner of the property, and one copy shall be retained by the SEO.
B. 
In addition to required yearly inspections, any holding tank may be inspected by the SEO at any reasonable time.
C. 
All inspections may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the holding tank itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure.
D. 
The SEO shall have the right to enter upon all land for the purpose of inspections described above.
Only normal domestic wastes shall be discharged into any holding tank. The following shall not be discharged into a holding tank system:
A. 
Industrial waste.
B. 
Automobile oil and/or other nondomestic oil.
C. 
Toxic and/or hazardous substances and/or chemicals, including, but not limited to, pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and/or other solvents.
D. 
Surface water or groundwater, including water from roof and/or cellar drains, springs, basement sump pumps and/or french drains.
Every owner of a lot with a holding tank shall have the following duties of maintenance:
A. 
Any person owning a lot served by a holding tank shall have said holding tank pumped by a qualified pumper/hauler at least once every year. The person must submit documentation to the Township SEO illustrating that the holding tank has been pumped according to this requirement.
B. 
This required pumping frequency may be increased at the discretion of the SEO based upon the officer's inspection of the holding tank.
C. 
Any person owning property served by a holding tank shall submit, with each required pumping receipt, a written statement from the pumper/hauler or from any other qualified individual acceptable to the Township that the tank has been found to be in good working order. Any person whose tank has been determined to require repair or replacement shall first contact the SEO for approval of the necessary repair.
D. 
In the event that the person who is the property owner of any property containing a holding tank has failed to submit the above-required receipts to the SEO evidencing that the tank has been pumped on an annual basis or as directed by the SEO, the Township shall have the ability to have the tank pumped by a licensed pumper/hauler with the cost to be billed to the person owning the property upon which the tank is installed. In the event that said person refuses to pay said bill, the Township may draw upon the security provided under this article to pay for said pumping.
A. 
No person shall operate a holding tank system and no building, zoning or occupancy permit shall be issued for the occupancy of any structure if said structure will be served by a holding tank system until said person has posted security as required under this article.
B. 
Said security shall consist of an irrevocable letter of credit in an amount sufficient to cover the estimated maintenance and/or pumping costs of a holding tank for a five-year period of time and also sufficient to cover the estimated removal cost of said holding tank, both as determined by the Township SEO. Said letter of credit must be issued by a bank authorized to do business in the Commonwealth of Pennsylvania and shall be in a form acceptable to the Township Solicitor. Alternate forms of security must be approved by the Whitehall Township Solicitor.
C. 
The said security shall also consist of a holding tank maintenance agreement to be entered into by the person owning and/or installing said tank, Whitehall Township and the financial institution providing the letter of credit referred to in Subsection B above. Said agreement shall be prepared by the Township Solicitor.
D. 
Said agreement and letter of credit shall permit the Township to draw upon said credit in order to undertake required maintenance which the owner of the holding tank has not undertaken, including pumping the holding tank, other maintenance and/or repairs, and the removal of said holding tank.
A. 
No person shall operate and maintain a holding tank in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a tank. No holding tanks shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit to discharge has been obtained from DER.
B. 
The Township may issue a written notice of violation to any person who is the owner of property in the Township which is found to be served by a malfunctioning holding tank or which is discharging raw or partially treated sewage without a permit.
C. 
Within seven days of notification by the Township that a malfunction has been identified, the property owner shall make application to the SEO for a permit to repair or replace the malfunctioning tank. Within 30 days of issuance of the permit, construction of the permitted repair or replacement shall commence. Within 60 days of the issuance of a permit by the Township, the construction shall be completed unless the Township shall extend the period.
D. 
Failure to apply for a permit or to complete the repair or replacement within the times specified in Subsection C shall constitute a violation of this article.
E. 
The Township's SEO shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system, adding capacity or otherwise altering or replacing the system's treatment tank, or other alternatives as appropriate for the specific site.
F. 
In lieu of, or in combination with, the remedies described in Subsection E above, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
G. 
In the event that the rehabilitation measures in Subsections A through F are not feasible or do not prove effective, the Township may require the owner to apply to DER for a permit to install a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 60 days.
H. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of any existing holding tank, the property owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent that such is necessary.
I. 
Failure of the landowner to take the actions required in § 18-30 relating to malfunctioning systems shall constitute a public nuisance and a violation of this article, as well as a violation of the Whitehall Township Ordinance forbidding public nuisances.
J. 
Should the remedies provided above not prove effective in eliminating the malfunction of any existing holding tank, the Township shall have the remedy of requiring the property owner to remove said system. Should the property owner refuse to remove said system, then the Township shall have the ability to accomplish the removal drawing upon the funds provided under the security agreement entered into between the property owner and the Township.
The Board of Commissioners shall establish by resolution a schedule of fees. Costs for the completion of required water quality testing and Township SEO inspections shall be assessed to the property owner. It shall be each individual property owner's responsibility to contract with a qualified pumper/hauler for the pumping of the owner's septic tank.
Where a property owner or other person fails to maintain, repair or replace a holding tank system after notice pursuant to the terms of this article, such failure shall constitute a public nuisance and a violation of this article. The Township may abate the nuisance by performing the work needed, or by contracting to perform the work needed to abate the nuisance, and may charge the landowner or other responsible person for the cost thereof plus a penalty of 20%. Said cost plus penalty may be collected by civil action or by the filing of a lien according to law. Such costs, plus penalty, may also be drawn from the irrevocable letter of credit provided for in this article.
The contents of holding tanks shall be disposed of as follows:
A. 
The contents of all holding tanks originating within the Township shall be disposed of at sites or facilities approved and permitted by DER. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farm lands.
B. 
Pumper/haulers operating within the Township shall operate in a manner consistent with the provisions of the Act of July 28, 1988, P.L. 556, No. 101, as amended, 53 P.S. § 4000.101 et seq., known as the "Municipal Waste Planning, Recycling and Waste Reduction Act."
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
Any person aggrieved by any notice, action, or determination may appeal to the Board within 30 days in writing pursuant to the Act of 1978, April 28, P.L. 202, No. 53, as amended, 2 Pa. C.S.A. §§ 105 and 551 et seq., known as the "Local Agency Law."
Any person who shall violate any of the provisions of this article, or who shall fail to act upon notice or determination of the SEO or other authorized agent of the Township within the time stated in the notice on determination shall, upon conviction thereof before a District Magistrate, be guilty of a summary offense and shall be sentenced to pay a fine of not more than $300 and costs, and/or shall be imprisoned for a period of not more than 90 days. It is further provided as follows:
A. 
Each day of violation or continuing violation shall constitute a separate offense.
B. 
Failure to appeal a notice or determination pursuant to § 18-35 and the Local Agency Law shall constitute an admission of the violation and a failure to utilize administrative remedies.
C. 
This article constitutes an ordinance enacted for the purposes of property maintenance, public health and safety, and for water and air pollution violations, for the purposes of Section 702, Clause XLI, of the Second Class Township Code, as amended, 53 P.S. § 65741.
D. 
In addition to all other remedies, the Township may institute suits in equity to restrain or prevent violations of this article, or to abate public nuisances.
E. 
The Township may file Township liens for abatement of nuisances in accordance with law.