[Ord. 5-21-85, 5/21/1985, § 1; as amended by Ord. 2004-07, 12/7/2004, § 1]
1.
Purpose and Objectives.
A.
The purpose of this Part is to enable the Township and Bucks County
Water and Sewer Authority to comply with all applicable state and
federal environmental laws regulating the collection and treatment
of domestic waste and industrial waste in the Township as well as
assist in assuring a well operated municipal wastewater sewage system
and treatment process.
B.
In this regard, the particular objectives of this Part are to prevent
the introduction of:
(1)
Pollutants into the municipal wastewater system which could
or would interfere with the operation of the system, contaminate any
resulting sludge or otherwise be incompatible with the system.
(2)
Pollutants into the municipal wastewater system which could
or would pass through the system inadequately treated into receiving
waters or into the atmosphere.
(3)
Pollutants into the municipal wastewater system that could or
would harm the collection system, the treatment plant or the health,
safety and welfare of the operating personnel.
(4)
Clean water discharges into the municipal wastewater system
that could or would interfere with the operation of the system.
(5)
Clean water discharges into the municipal wastewater system
which would consume the treatment plant capacity and/or reduce the
effectiveness or interfere with the treatment process.
2.
Persons Regulated. This Part regulates both the direct and indirect
users of the municipal wastewater system in the Township. This Part
shall apply to users within the Township.
3.
ACT or THE ACT
AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
A.
B.
C.
BCWSA
BICHEMICAL OXYGEN DEMAND (BOD)
COOLING WATER
DOMESTIC WASTE
EPA
FEDERAL PRETREATMENT STANDARDS
INDUSTRIAL USER
INDUSTRIAL WASTE
INTERFERENCE
LATERAL LINE
MAY
MUNICIPAL WASTEWATER SYSTEM
NPDES PERMIT
PADEP
PERSON
pH
POLLUTANT
POLLUTION
PRETREATMENT
PRETREATMENT REQUIREMENTS
SHALL
SIGNIFICANT INDUSTRIAL USER
A.
B.
C.
D.
E.
STATE
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
A.
B.
C.
D.
TREATMENT PLANT
TREATMENT PROCESS
USER
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WATERS OF THE STATE
Definitions. Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this Part, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, as amended from
time to time, 33 U.S.C. § 1251 et seq., including all regulations
promulgated thereunder by the EPA under Title 40 of the Code of Federal
Regulations.
The Chalfont-New Britain Joint Sewer Authority.
An authorized representative of an industrial user shall
be:
If the industrial user is a business corporation, municipal
corporation, authority, nonprofit corporation or unincorporated association,
a principal executive officer of at least the level of vice president,
executive director or chief administrator, unless another individual
is expressly authorized by the board of directors or other governing
body.
If the industrial user is partnership or proprietorship, a general
partner or proprietor, respectively.
A duly authorized representative of the individual designated
in Subsection A or B above if such representative is responsible for
the overall operation of the facilities from which the industrial
waste discharge originates.
The Bucks County Water and Sewer Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures at a temperature
of 20° C., expressed in terms of weight and concentration (milligrams
per liter, mg/l).
The water discharged from any use such as air-conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The normal waterborne or dissolved waste discharged by a
residential household, as well as toilet wastes discharged by any
user.
The United States Environmental Protection Agency or, where
appropriate, it shall also mean any duly authorized official of said
agency.
Any regulations prescribing pollutant discharge limits by
industrial user categories promulgated by the EPA pursuant to the
Act [33 U.S.C. § 1317 (b) and (c)].
A user owning or operating any facilities, premises or structures
used for or intended to be used in whole or in part for 1) manufacturing,
fabricating, warehousing, processing, cleaning or assembling any product,
commodity or article or 2) developing, recovering or processing natural
resources. For this purpose, any user discharging wastewater into
the municipal wastewater system which, based on information, experience
or analysis, is deemed to be industrial waste, shall also be considered
an industrial user.
Any solid, liquid or gaseous substance or waterborne or dissolved
wastes or cooling water, other than domestic waste, that is ejected,
escaped or discharged into the municipal wastewater system. "Industrial
waste" includes "pollutants" and "toxic pollutants," as defined herein.
The inhibition or disruption of the treatment plant or treatment
process which may contribute to or cause a violation of any requirement
of the NPDES permit. The term includes prevention of sewage sludge
use or disposal in accordance with the Act (33 U.S.C. § 1345)
or any criteria, guidelines or regulations developed pursuant to the
Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal
Toxic Substance Control Act,[1] or more stringent state criteria (including those contained
in any state sludge management plan) applicable to the method of disposal
or use by the municipal wastewater system.
A sewer line conveying wastewater from the premises of a
user to the municipal wastewater system.
"May" is permissive.
The sewage and wastewater collection system, treatment plant,
pump stations and other ancillary facilities owned and operated by
the Township and Bucks County Water and Sewer Authority. This shall
include not only Township and BCWSA owned wastewater lines ("sewer")
but any other wastewater lines which, by agreement, or by order of
other authority, discharge into the Township or BCWSA owned collection
system or the Township treatment plant. This definition also includes
the treatment processes, systems and procedures.
The National Pollution Discharge Elimination System permit
issued to the Township pursuant to the Act (33 U.S.C. § 1342).
The Pennsylvania Department Environmental Protection or,
where appropriate, it shall also mean any duly authorized official
of said agency.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity and/or any other legal entity or their legal representatives,
trustees, agents, successors or assigns. The masculine gender shall
include feminine, and the singular shall include the plural, where
indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, expressed in grams per liter of solution.
Any dredged spoil, solid waste, gaseous waste, incinerator
residue, sewage, garbage, sewage sludge, chemical wastes, biological
materials, radioactive materials, heat, rock, sand, cellar dirt and
industrial, municipal and agricultural waste discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
or chemical composition or concentration in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing
such pollutants into the municipal wastewater system. The reduction,
elimination or alteration may be the result of 1) physical, chemical
or biological processes, or 2) process changes by the user producing
or discharging pollutants, except as prohibited by applicable regulations
[40 CFR § 403.6 (d)] and the Act.
The pretreatment requirements prescribed by the Township,
BCWSA and the federal pretreatment standards. These requirements shall
take precedent over the federal pretreatment standards when the pretreatment
requirements specified herein are more restrictive.
"Shall" is mandatory.
Any industrial user of the municipal wastewater system who:
Has a discharge flow of 10,000 gallons or more per average workday.
Has a flow greater than 2% of the monthly average flow in June
to the Township's wastewater treatment system.
Has in its wastewater toxic pollutants as defined in the Act
(33 U.S.C. § 1317).
Has in its wastewater substances at concentrations that at any
time exceed the quantitative limits prescribed by the Township.
Is found by the Township, BCWSA, PADEP or EPA to have a significant
impact, either singly or in combination with other contributing industrial
users, on the treatment process, the quality of the sludge, the quality
of the effluent or the air emissions generated by the treatment process.
The State of Pennsylvania.
Ay water flow occurring during or following any form of natural
precipitation and resulting therefrom.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids and is discharged
or subject to discharge into the municipal wastewater system.
Any pollutant or combination of pollutants:
Listed as "toxic" in regulations promulgated by the EPA under
the Act.
Discharged into the municipal wastewater system at a concentration
that has been or can be shown by scientific experiment to inhibit
or disrupt any part or portion of the treatment process.
Listed as "toxic" in regulations promulgated by the PADEP.
Specifically identified by any other state or federal act as
being "toxic."
That portion of the municipal wastewater system designed
to provide treatment to the discharged wastewater, including all pumps,
holding tanks and other such ancillary facilities.
Those operations, processes, systems and procedures employed
at the treatment plant to alter the wastewater discharged into the
municipal wastewater system so that the effluent from the treatment
plant will meet or exceed the NPDES permit standards.
Any person who, voluntarily or involuntarily, intentionally
or unintentionally, accidentally or inadvertently discharges wastewater
into the municipal wastewater system.
The permits issued by the Township and BCWSA authorizing
discharge of industrial waste into the municipal wastewater system.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigations systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq., 42
U.S.C. § 7401 et seq., and 15 U.S.C. § 2601 et
seq., respectively.
[Ord. 5-21-85, 5/21/1985, § 1; as amended by Ord. 12-31-90, 12/31/1990; and by Ord. 2004-07, 12/7/2004, § 1]
1.
General Discharge Prohibitions. No user shall contribute or cause
to be contributed, directly or indirectly, any pollutant or wastewater
which will interfere with the operation or performance of the municipal
wastewater system. These general prohibitions apply to all such users,
whether or not the user is subject to federal pretreatment standards.
A user may not discharge the following substances to the municipal
wastewater system:
A.
Any liquids, solids or gases which, by reason of their nature or
quantity, are, or may be, sufficient, either alone or by interaction
with other substances, to cause fire or explosion or be injurious
in any other way to the municipal wastewater system, its employees
or the public generally. At no time shall two successive readings
on an explosion hazard meter at the point of a user's discharge into
the municipal wastewater system (or at any point in the system) be
more than 5% nor any single reading over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include but are not
limited to gasoline, kerosene, naphtha, benzene, toluene, zylene,
ethers, alcohols, ketones, adehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides, other substances having
similar characteristics, or any other substance which the Township,
BCWSA, PADEP or EPA has notified a user to be a fire hazard or a hazard
to the system.
B.
Solid or viscous substances which could be or would cause obstruction
to the flow in a wastewater line or pump or cause interference with
the operation of the wastewater treatment facilities, such as but
not limited to grease, garbage with particles greater than 1/2 inch
in any dimension, animal guts or tissues, paunch manure, bones, hair,
hides or fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw, shavings,
grass clippings, rags, spent grains, spent hops, wastepaper, wood,
motor oil, plastics, gas, tar, asphalt, residues, residues from refining
or processing of fuel or lubricating oil, mud or glass grinding or
polishing wastes.
C.
Any wastewater having pH less than 6.0 or more than 8.5, or wastewater
having any other corrosive property capable of causing damage or constituting
a hazard to the structures, the equipment, or the employees of the
municipal wastewater system or to the public generally.
D.
Any wastewater:
(1)
Containing toxic pollutants, either singly or by interaction
with other pollutants, which could or would injure or interfere with
the treatment process, constitute a hazard to humans or animals, or
create a toxic effect in the receiving waters of the state.
(2)
Containing substances in amounts that exceed limitations set
forth in the federal pretreatment standards or set forth in this Part.
E.
Any wastewater, noxious or malodorous liquids, gases or solids which,
either singly or by interaction with other wastes, could or would
create a public nuisance, create a hazard to life, or prevent maintenance
and repair of the municipal wastewater system.
F.
Any substance which could or would cause the effluent or any other
products of the treatment process, such as residues, sludges or scums,
to be unsuitable for reclamation and reuse or to interfere with the
reclamation process. In no case shall a substance discharged into
the municipal wastewater system cause the products of the treatment
process to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations promulgated pursuant to § 405
of the Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act[1] or any state regulations applicable to the sludge management
method being used.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq., 42
U.S.C. § 7401 et seq., and 15 U.S.C. § 2601 et
seq., respectively.
G.
Any substance which could or would cause the municipal wastewater
system to violate its NPDES permit and/or its PADEP stream discharge
permit or fail to meet the receiving water quality standards.
H.
Any wastewater with objectionable color not removable in the treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions.
I.
Any wastewater having a temperature which could or would inhibit
biological activity in the treatment process and result in interference;
the interference shall be conclusive when the wastewater has such
a temperature as to cause the entire flow into the treatment plant
to exceed 40° C. (104° F.) at any point in time.
J.
Any pollutants, including BOD pollutants, released at such a flow
rate or at such a concentration that a user knows or has reason to
know would cause interference in the treatment process.
K.
Any wastewater slug discharge having a flow rate or containing concentrations
or qualities of pollutants that exceed, during any time period longer
than 15 minutes, more than five times the average twenty-four-hour
flow concentration during normal operations.
L.
Any wastewater containing any radioactive wastes or isotopes.
M.
Any wastewater containing in excess of the following concentrations:
Cadmium (Cd)
|
0.65 mg/l
|
Chromium (Cr)
|
1.00 mg/l
|
Copper (Cu)
|
1.00 mg/l
|
Cyanide (CN)
|
0.75 mg/l
|
Lead (Pb)
|
0.50 mg/l
|
Mercury (Hg)
|
0.05 mg/l
|
Nickel (Ni)
|
2.00 mg/l
|
Silver (Ag)
|
1.00 mg/l
|
Zinc (Zn)
|
1.00 mg/l
|
Arsenic (As)
|
4.00 mg/l
|
Beryllium (Be)
|
2.50 mg/l
|
Selenium (Se)
|
1.00 mg/l
|
Tin (Sn)
|
2.50 mg/l
|
2.
Industrial Waste Discharge Prohibition. No person or user shall discharge
into the municipal wastewater system industrial wastewater without
a valid wastewater discharge permit from the Township and from the
BCWSA, nor shall any discharge occur except in accordance with the
provisions of the permits as amended from time to time, including
the specific pollutant limitations set forth therein, and any rules
or regulations promulgated thereunder. All existing significant industrial
users shall apply for a wastewater discharge permit within 60 days
after the effective date of this Part. All other industrial users
shall apply for a wastewater discharge permit within 60 days of being
notified to do so by the Township and BCWSA.
3.
Clean Water Discharge Prohibition. No person or user shall discharge
or cause to be discharged any unpolluted waters, such as water from
sump pumps, floor drains, stormwater, groundwater, roof runoff, subsurface
drainage, foundation drainage or cooling water, into the municipal
wastewater system. Stormwater and all other unpolluted drainage shall
be discharged to facilities that are specifically designed as storm
sewers or to natural outlets approved by the Township.
4.
Federal Pretreatment Prohibition. In the event that federal pretreatment standards are promulgated for a particular industrial subcategory which are more stringent that the standards imposed by Subsection 2 above, then the federal standards shall supersede the standards imposed hereby. In such an event, the Township and BCWSA shall notify all affected users of the new standards and inform them of the applicable reporting requirements.
5.
PADEP Requirements. In the event that the PADEP promulgates standards for industrial wastewater discharges that are more stringent than the federal pretreatment standards or more stringent than those imposed by Subsection 2, then the PADEP standards shall supersede all other standards. In such an event, the Township and BCWSA shall notify all affected users of the new standards and inform them of the applicable reporting requirements.
6.
Excessive Discharge. No user shall, without the Township's written
consent, increase the use of process water or in any way attempt to
dilute a discharge to achieve compliance with the standards and with
the wastewater discharge permits.
7.
Accidental Discharges. Each user discharging industrial waste shall
take all necessary measures to prevent the accidental discharge of
prohibited material, pollutants or other substances regulated by the
PADEP, the EPA and this Part. All facilities and measures employed
to prevent accidental discharge shall be provided and maintained at
the user's own cost and expense. Detailed plans showing facilities
and operating procedures to provide such protection shall be submitted
to the Township and BCWSA for their review and written approval before
construction of the facility and implementation of the operating procedures.
All existing significant industrial users shall submit to the Township
for approval detailed plans for preventing accidental discharges within
180 days of adoption of this Part. All other users discharging industrial
waste shall submit like plans for approval within 60 days after being
notified to do so by the Township and BCWSA. No significant industrial
user shall commence discharging into the municipal wastewater system
until it has received written approval of its plans for accidental
discharges. Approval of such detailed plans shall not relieve the
user from the responsibility to modify the user's facility as necessary
to meet the continuing requirements of this Part.
8.
Notice of Accidental Discharge.
A.
In the event of an accidental discharge of industrial waste or pollutants,
the user shall immediately notify the Township and BCWSA of the incident.
The notification shall include the location of the discharge, the
type of industrial waste, including all pollutants, their concentration
and volume, and the corrective actions taken.
B.
Thereafter, within five days following an accidental discharge of
industrial waste, the user shall submit to the Township and BCWSA
a detailed written report describing the entire incident, including
the cause of the discharge, how the preventive measures were circumvented
or were ineffective, and what measures are being taken by the user
to prevent similar occurrences. Such notification shall not relieve
the user of expense, loss, damage or other liability incurred as a
result of damage to the municipal wastewater system, fish life, or
any other damage to person or property, nor shall such notification
relieve the user of any fines, civil penalties, or other liability
which may be imposed by this Part or other federal or state statute.
9.
Notice to Employees. Each user discharging industrial waste into
the municipal wastewater system shall cause a notice to be permanently
posted on its bulletin board or other prominent place advising employees
whom to call in the event of an accidental discharge. Employers shall
ensure that all employees who may cause or are likely to be involved
in an accidental discharge are advised of the emergency notification
procedures.
10.
User Reporting Requirements. Users shall complete and file all reports
at the date, in the form, and with the information required by the
Township and BCWSA from time to time.
11.
Monitoring Facilities.
A.
Any monitoring facilities required by the Township and BCWSA shall
be provided and operated by the user at its expense. The monitoring
facilities shall allow for inspection, sampling, and flow measurement
of domestic waste and industrial waste discharges as well as pretreatment
requirements. The facility shall be situated on the user's premises,
except when such a location would be impractical or cause undue hardship
on the user. The Township may permit the facility to be constructed
in the public street or sidewalk area and so located that it will
not be obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near each sampling manhole or facility
to allow accurate sampling and sample preparation for analysis. The
facility and all related equipment shall at all times be maintained
in a safe and proper operating condition.
12.
Inspection and Sampling.
A.
The Township, BCWSA or their representatives shall have the right
to inspect the facilities of users discharging industrial wastewater
at any time during users normal business hours and any other time
upon reasonable cause to ascertain whether the wastewater discharge
permit is being complied with, the purposes of this Part are being
met and all requirements are being complied with.
B.
Persons or occupants of premises where industrial wastewater is created
or discharged shall allow the Township, BCWSA or their representatives
ready access to all parts of the premises for the purpose of inspection,
sampling, records examination or performing any of their duties. The
Township, BCWSA, PADEP and EPA shall have the right to set up on such
user's property such devices as they deem necessary to conduct sampling
inspection, compliance monitoring and/or metering operations. The
user shall pay all costs related to their inspection and sampling.
At the user's cost, permanently installed automatic sampling devices
shall be required when, in the opinion of the Township Manager, they
are necessary to assure compliance with this Part.
C.
Where a user has security measures in force which would require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements in advance with its security guards
so that, upon presentation of suitable identification, personnel from
the Township or BCWSA will be permitted to enter, without delay, for
inspecting and sampling.
[Ord. 5-21-85, 5/21/1985, § 3]
1.
Suspension of Wastewater Discharge Permit. Any person notified of
a suspension by the Township or BCWSA shall immediately stop or eliminate
all discharge to the municipal wastewater system. In the event of
a failure to comply with the suspension order, the Township and BCWSA
may take such steps as deemed necessary, including immediate severance
of the lateral line to the user, to prevent or minimize damage to
the municipal wastewater system or danger to the public health, safety
and welfare.
2.
Revocation of Wastewater Discharge Permit. In the event of a permit
revocation, the user shall immediately cease all discharges into the
municipal wastewater system and sever the lateral line to the premises.
The user shall then have to proceed through the formal application
process like a new applicant to reconnect and discharge.
3.
Notification of Violations. In the event that the Township or BCWSA
finds that any user has violated or is violating any of the prohibitions,
limitations or requirements contained in this Part or the user's wastewater
discharge permit, the Township and BCWSA may give such user a written
notice stating the nature of the violation. Thereafter, the user shall,
within 15 days of the date of the notice, submit a detailed written
plan of correction to the Township and BCWSA for their review and
approval.
4.
Legal Action. In the event that any person discharges domestic wastes,
industrial wastes, other wastes or prohibited pollutants into the
municipal wastewater system contrary to the provisions of this Part,
its wastewater discharge permit or any order of the Township or BCWSA,
the Township will assist the BCWSA in seeking appropriate judicial
relief in the state or federal courts, with the further understanding
that the Township shall incur no expense for such assistance.
[Ord. 5-21-85, 5/21/1985, § 4; as amended by Ord. 97-4-15, 4/15/1997; and by Ord.
2004-07, 12/7/2004, § 1]
1.
Failure to Comply. Any user who violates an order of the Township
and BCWSA or who fails to comply with any provision of this Part or
its waste discharge permit, upon conviction thereof in an action brought
before a Magisterial District Judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $100
nor more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. Each
day that a violation of this Part continues and each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
2.
Falsifying Information. Any person who knowingly makes any false
statement, representation, or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this Part, or pursuant to a wastewater discharge permit,
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required by a wastewater discharge permit
or by this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay 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 90 days. Each day that a violation of this Part continues
and each Section of this Part which shall be found to have been violated
shall constitute a separate offense. As an additional penalty, any
user guilty of falsifying information may, at the discretion of the
Township and BCWSA, suffer permanent severance of any right it might
have to discharge any domestic waste, industrial waste or other waste
or pollutant into the municipal wastewater system or suffer other
restrictions on discharging into the municipal wastewater system such
as being limited to domestic waste.