[Ord. 5-21-85, 5/21/1985, § 1; as amended by Ord. 2004-07, 12/7/2004, § 1]
Purpose and Objectives.
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.
In this regard, the particular objectives of this Part are:
To prevent the introduction of 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.
To prevent the introduction of pollutants into the municipal wastewater system which could or would pass through the system inadequately treated into receiving waters or into the atmosphere.
To prevent the introduction of 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.
To prevent the introduction into the municipal wastewater system of clean water discharges that could or would interfere with the operation of the system.
To prevent the introduction of 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.
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.
Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part, shall have the meanings hereinafter designated:
- ACT or THE ACT
- 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 CFR.
- The Chalfont-New Britain Joint Sewer Authority.
- AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
- An authorized representative of an industrial user shall be:
- A. 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.
- B. If the industrial user is partnership or proprietorship, a general partner or proprietor, respectively.
- C. 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.
- BICHEMICAL OXYGEN DEMAND (BOD)
- 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).
- COOLING WATER
- The water discharged from any use such as air-conditioning, cooling or refrigeration or to which the only pollutant added is heat.
- The Pennsylvania Department Environmental Protection, or, where appropriate, it shall also mean any duly authorized official of said agency.
- DOMESTIC WASTE
- The normal water-borne 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.
- FEDERAL PRETREATMENT STANDARDS
- 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)].
- INDUSTRIAL USER
- 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.
- INDUSTRIAL WASTE
- Any solid, liquid or gaseous substance or water-borne 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, 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.
- LATERAL LINE
- A sewer line conveying wastewater from the premises of a user to the municipal wastewater system.
- MUNICIPAL WASTEWATER SYSTEM
- 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.
- NPDES PERMIT
- The National Pollution Discharge Elimination System permit issued to the Township pursuant to the Act (33 U.S.C. § 1342).
- 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.
- PRETREATMENT REQUIREMENTS
- 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.
- SIGNIFICANT INDUSTRIAL USER
- Any industrial user of the municipal wastewater system who:
- A. Has a discharge flow of 10,000 gallons or more per average workday.
- B. Has a flow greater than 2% of the monthly average flow in June to the Township's wastewater treatment system.
- C. Has in its wastewater toxic pollutants as defined in the Act (33 U.S.C. § 1317).
- D. Has in its wastewater substances at concentrations that at any time exceed the quantitative limits prescribed by the Township.
- E. Is found by the Township, BCWSA, DEP 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.
- SUSPENDED SOLIDS
- 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.
- TOXIC POLLUTANT
- Any pollutant or combination of pollutants:
- A. Listed as toxic in regulations promulgated by the EPA under the Act.
- B. 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.
- C. Listed as toxic in regulations promulgated by the DEP.
- D. Specifically identified by any other State or Federal Act as being toxic.
- TREATMENT PLANT
- 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.
- TREATMENT PROCESS
- 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.
- WASTEWATER DISCHARGE PERMIT
- The permits issued by the Township and BCWSA authorizing discharge of industrial waste into the municipal wastewater system.
- WATERS OF THE STATE
- 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.
[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]
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:
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, DEP or EPA has notified a user to be a fire hazard or a hazard to the system.
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.
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.
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.
Containing substances in amounts that exceed limitations set forth in the Federal pretreatment standards or set forth in this Part.
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.
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 or any State regulations applicable to the sludge management method being used.
Any substance which could or would cause the municipal wastewater system to violate its NPDES permit and/or its DEP stream discharge permit or fail to meet the receiving water quality standards.
Any wastewater with objectionable color not removable in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.
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.
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.
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.
Any wastewater containing any radioactive wastes or isotopes.
Any wastewater containing in excess of the following concentrations:
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.
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.
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.
DEP Requirements. In the event that the DEP 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 DEP 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.
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.
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 DEP, 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.
Notice of Accidental Discharge.
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.
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.
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.
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.
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.
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.
The monitoring facilities shall meet all the Township requirements and comply with all applicable Township building, plumbing and electrical codes. The user shall have 90 days to construct and equip the required facilities.
Inspection and Sampling.
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.
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, DEP 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.
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]
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.
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.
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.
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; and by Ord. 2004-07, 12/7/2004, § 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 District Justice 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.
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 District Justice 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.