Township of Spring Garden, PA Part 2 Sewage Waste Entering System Tributary to Springettsbury Township Wastewater Treatment Facility

[Adopted 4-9-2003 by Ord. No. 03-01A (Ch. 18, Part 11, of the 1994 Code); amended in its entirety 3-9-2011 by Ord. No. 2011-04[1]]

[1] Editor's Note: This ordinance was adopted in compliance with requirements that any municipality conveying sewage to the Springettsbury Township Wastewater Treatment Facility adopt regulations consistent with sewage ordinances and regulations adopted by Springettsbury Township; this ordinance specifically incorporates the amendments made by Springettsbury Township Ord. No. 2010-08.

Article XII Specific Regulations

§ 250-65 Definitions.

Unless the context specifically indicates otherwise, the following words and terms as used in this part shall have the following meanings:

APARTMENT-OFFICE USE

A building which is intended to be used for continuous or periodic habitation by human beings and containing two or more family dwelling units; or which contains business or professional offices and one or more family dwelling units; or which contains business, professional or any other similar type of office or offices.

BASELINE MONITORING REPORT

The report required in 40 CFR Part 403.12 to be submitted by all industrial users and waste generators subject to categorical pretreatment standards.

BEST MANAGEMENT PRACTICES or BMPS

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices, including, but not limited to, management plans, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

BIOCHEMICAL OXYGEN DEMAND (BOD₅)

The quantity of dissolved oxygen consumed in the biochemical oxidation of the organic matter in sewage, holding tank waste, septage or trucked industrial waste under standard laboratory procedures in five days at 20° C., expressed in milligrams per liter (mg/l). It shall be determined by an acceptable method described in 40 CFR Part 136 and amendments hereto, or any method approved by EPA.

BOARD OF COMMISSIONERS

The elected and appointed members of the Board of Commissioners of the Township of Spring Garden, as now or hereafter constituted, and its duly authorized agents or representatives.

[1]

CATEGORICAL PRETREATMENT STANDARDS

Pollutant discharge limits promulgated by EPA in accordance with § 307 of the Clean Water Act that apply to regulated process waste. They are based on the capability of a specific wastewater treatment technology or a series of technologies to reduce pollutant discharges equivalent to best available technology (BAT).

CLEAN WATER ACT (CWA)

Public Law 92-500, October 18, 1972, 33 U.S.C. § 1251 et seq; as amended by P.L. 95-217, December 28, 1977; P.L. 97-117, December 29, 1981; P.L. 97-440, January 8, 1983; and P.L. 100-04, February 4, 1987.

COMBINED SEWER

A sewer designed to receive both sewage and stormwater runoff, which has been approved for such purpose.

COMMERCIAL/INDUSTRIAL DISCHARGE PERMIT

A permit issued to those industrial users that the Township does not classify as significant industrial users but are considered to have a minor impact, either potential or realized, either singly or in combination with other contributing commercial or industrial establishments, on the sanitary sewer system and/or the wastewater treatment facility (either its operational efficiency, effluent quality or quality of the sludge produced by such facility).

COMMERCIAL USE or COMMERCIAL ESTABLISHMENT

A property which is intended to be used for the purpose of carrying on a trade, business or profession, or for social, religious, educational, charitable or public uses.

COMMERCIAL USER

Any contributor discharging wastewater generated at a commercial establishment to the Springettsbury Township Wastewater Treatment Facility through direct connection (as opposed to discharging to the wastewater treatment facility through a waste hauler).

COMPOSITE SAMPLE

A sample consisting of a combination of individual samples, regardless of flow, obtained at regular intervals over a period of time, and shall reasonably reflect the actual discharge conditions for that period of time.

DAILY COMPOSITE SAMPLE

A sample consisting of a combination of individual samples, regardless of flow, collected at regular intervals over a period of time; the sampling duration shall be not less than 20 hours but shall not exceed 28 hours.

DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

The Department of Environmental Protection of the Commonwealth of Pennsylvania or any department or agency of the commonwealth succeeding to the existing jurisdiction or responsibility of the Department of Environmental Protection.

DOMESTIC USE

A property which is intended to be used for continuous or periodic habitation by human beings in a single-family unit.

DOMESTIC USER

Any person discharging only sanitary sewage.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The Environmental Protection Agency of the United States or any department or agency of the United States succeeding to the existing jurisdiction or responsibility of the Environmental Protection Agency.

EQUIVALENT DWELLING UNIT (EDU)

A dwelling consisting of a room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as a separate living quarters by a family or persons living together or by persons living alone. The value of sewage generated by one EDU is, for purposes of this article, 350 gallons per day.

FOOD SERVICE FACILITY or FACILITY

Any food service which prepares and/or packages food or beverages for sale or consumption, on or off site, with the exception of private residences. Food service facilities shall include, but are not limited to, food courts, food manufacturers, food packagers, restaurants, grocery stores, bakeries, lounges, hospitals, hotels, nursing homes, churches, schools, snack bars, grills, catering services, butchers, and all other food service facilities not listed above.

GARBAGE

Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

GRAB SAMPLE

A sample taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and collected over a period of time not exceeding 15 minutes but shall reasonably reflect actual discharge conditions for that instant.

GREASE INTERCEPTOR

A device located inside or outside a food service facility designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity.

HOLDING TANK

A watertight receptacle designed to receive and retain sewage and constructed to facilitate the ultimate disposal of the sewage at another site.

HOLDING TANK WASTE

Sanitary sewage that is certified by the generator and waste hauler licensed by the Township to originate from normal household functions, and that is stored in such a manner so as not to concentrate said waste to a level of nonfilterable residue exceeding 999 milligrams per liter (mg/l), the measurement of such total suspended solids being performed by Township staff, and shall include sanitary sewage removed from holding tanks, such as, but not limited to, chemical toilet wastes, retention tank wastes and vault privy wastes.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the Township Wastewater Treatment Facility from a nondomestic source.

INDUSTRIAL USE OR ESTABLISHMENT

A property which is intended to be used in whole or in part for the manufacture, conversion or assembly of any product, commodity or article.

INDUSTRIAL USER

Any contributor discharging to the Township Wastewater Treatment Facility through direct connection (as opposed to discharging to the wastewater treatment facility through a waste hauler) which is not a domestic user or commercial user.

INDUSTRIAL USER PERMIT

The permit issued to a significant industrial user by the Township pursuant to § 250-68E of this article.

INDUSTRIAL WASTES

Any liquid, gaseous or waterborne wastes from industrial or commercial establishments or wastes having those characteristics of unacceptable wastes enumerated in § 250-69 of this article, which are discharged into the public sanitary sewage system through direct connection (as opposed to discharge by a waste hauler) as distinct, but not including sanitary sewage.

INSTANTANEOUS LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the wastewater treatment facility, its treatment processes or operations, or its sludge processes, end-use or disposal, and results in a violation of any requirement of the wastewater treatment facility's NPDES permit, or prevents sludge use or disposal in compliance with applicable federal statutes, permits or regulations, or that results in a violation of any requirement of the Air Pollution Control Act.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES PERMIT)

A permit issued under the National Pollutant Discharge Elimination System (NPDES) for discharge of wastewaters to the navigable waters of the United States pursuant to § 402 of the CWA, as amended.

NEW SOURCE

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 Clean Water Act which shall be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(1) The building, structure, 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 production equipment that causes the discharge of pollutants at an existing source.

(3) The production or wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

B. 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. Determination of "new source" status shall be consistent with the provisions of 40 CFR Part 403.3(k)(1), (k)(2) and (k)(3).

NINETY-DAY COMPLIANCE REPORT

The report required by 40 CFR Part 403.12(d) and which describes the user's compliance status with categorical pretreatment standards, to be submitted by all industrial users or waste generators subject to categorical pretreatment standards.

OCCUPIED BUILDING

Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals, and from which structure sanitary sewage and industrial wastes, or either thereof, is or may be discharged.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property, or his authorized representative.

PASS-THROUGH

A discharge which exits the wastewater treatment facility into the waters of the United States in quantities or concentrations which, alone or in conjunction with other discharges, is a violation of the wastewater treatment facility's NPDES permit, including an increase in the magnitude or duration of a violation.

PERSON

Includes an individual, a partnership, an association, a corporation, a joint-stock company, a trust, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipal authority or any other group or legally recognized entity. The masculine gender shall include the feminine; singular shall include the plural where indicated by the context.

pH

The measure of the intensity of the acidic or alkaline character of a material, liquid or solid. pH is represented on a scale of 0 to 14 with 7 representing a neutral state, 0 representing the most acidic, and 14 the most alkaline. It shall be determined by one of the acceptable methods described in 40 CFR Part 136, and amendments thereto, or by any method approved by EPA.

POLLUTANTS

Dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water, or any material that, when added to water, shall render that water (either because of the nature or quantity of the material) unacceptable for its original intended use.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW

Publicly owned treatment works.

PREMISES ACCESSIBLE TO THE PUBLIC SANITARY SEWAGE SYSTEM

Any real estate abutting on or adjoining or having access to any street, alley or right-of-way in which a sewer is located, which ultimately connects to the public sanitary sewage system upon which the principal building is, within 150 feet of such sewer and to which sewer there is gravity flow from the first-floor level of such building.

PRETREATMENT ADMINISTRATOR

The person designated by the Township to administer the monitoring and enforcement of industrial waste pretreatment for industrial and commercial contributors of the Township's Wastewater Treatment Facility.

PRETREATMENT FACILITY OR PLANT

The processes or equipment used by a user to reduce the amount of pollutants, eliminate pollutants, or alter the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the public sanitary sewage system. Pretreatment facilities or plants shall include, but are not limited to, systems designed to remove metals, grease/oil, BOD₅, total suspended solids and toxic organics.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the public sanitary sewage system. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment imposed on a user other than a pretreatment standard.

PRETREATMENT STANDARD or STANDARDS

Categorical pretreatment standards and unacceptable wastes and discharges enumerated in § 250-69 of this article.

PRIVATE SERVICE LATERAL

The pipe extending across private property, originating at one or more occupied buildings and terminating at the public service lateral. The private service lateral shall normally extend to the street curb or street easement line. In some cases, the private service lateral may not extend to the street curb or street easement line.

PROCESS WASTEWATER

Any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, by-product or waste product, excluding sanitary noncontact cooling water and boiler blowdown.

PROPERLY SHREDDED GARBAGE

The wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce that have been shredded to such degree that all particles shall be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PUBLIC SANITARY SEWAGE SYSTEM (sometimes called the SEWER SYSTEM)

All sanitary or combined sewers, all pumping stations, all force mains, all sewage treatment works, and all other sewage facilities owned or leased and operated by the Township for the collection, transportation and treatment of sanitary sewage and industrial wastes, together with their appurtenances, and any additions, extensions or improvements thereto. It shall also include Township Wastewater Treatment Facility sewers within the Township's service area which serve one or more persons and discharge into the public sanitary sewage system even though those sewers may not have been constructed by the Township or are not located within the Township boundaries or are not owned or maintained by the Township. It does not include separate storm sewers or culverts which have been constructed for the sole purpose of carrying storm and surface runoff, the discharge from which is not and does not become tributary to the wastewater treatment facility.

[2]

PUBLIC SERVICE LATERAL

The pipe extending from the public sanitary sewage system and connecting to the private service lateral at the transition joint. Usually the public service lateral is installed by the Township, the Township's agent or by a developer and later dedicated to the Township. The public service lateral shall normally extend to the street curb or street easement line.

RESPONSIBLE INDIVIDUAL

Shall be:

A. The chief executive officer or the chief operating officer of the user facility, if the industrial user or waste generator is a corporation.

B. A partner or the general manager of the user facility, if the industrial user or waste generator is a partnership.

C. The owner or the general manager of the user facility, if the industrial user or waste hauler is a proprietorship.

D. The person duly designated as the responsible individual by a corporation, partnership or proprietorship, provided such person shall be actually responsible for overall operation of the user facilities.

SANITARY SEWAGE

Wastewater originating from domestic users containing human and customary household wastes or such wastes from commercial or industrial establishments, but excluding industrial wastes.

SANITARY SEWER

A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.

SCHEDULED SAMPLING

A daily composite or grab sample collected from a significant industrial user based on a schedule formulated in accordance with § 250-71E of this article.

SEPTAGE

Waste that is generated in a septic tank, as defined by this article, and is certified by the generator and waste hauler licensed by the Township to originate from normal household functions and is concentrated or treated in such a manner so as to result in a concentration of total suspended solids between 5,000 mg/l and 24,999 mg/l, the measurement of such total suspended solids being performed by Township staff.

SEPTIC TANK

An individual wastewater treatment system (as described in Chapter 254, Article I, of the Springettsbury Township Code) designed to treat sanitary sewage through sedimentation, sludge digestion and liquid discharge.

SEWAGE

Sanitary and/or industrial wastes, carried either separately or in combination.

SEWER

A pipe or conduit for carrying sewage.

SHALL

Is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER

All industrial users that are regulated by categorical pretreatment standards, or any industrial user of the Township's Wastewater Treatment Facility who has a discharge flow of 25,000 gallons or more of process wastewater per average workday or contributes a process waste stream which makes up 5% or more of the average dry weather flow or organic (BOD₅) capacity of the wastewater treatment facility, or is found by the Township, EPA or DEP to have significant impact, either potential or realized, either singly or in combination with other wastes, on the sanitary sewer system and/or the wastewater treatment facility (either its operational efficiency, effluent quality or quality of the sludge produced by said facility).

SIGNIFICANT NONCOMPLIANCE (SNC)

Any instance of noncompliance with pretreatment requirements (limits, sampling, analysis, reporting and meeting compliance schedules, and regulatory deadlines) for which the industrial user is liable for enforcement, including penalties.

A. The following is the criteria used to determine SNC.

(1) Violations of wastewater discharge limits.

(a) Chronic violations: 66% or more of the measurements exceed the same daily maximum limit, average limit, or instantaneous limit in a six-month period (any magnitude of exceedence) of a pretreatment standard or requirement.

(b) Technical review criteria (TRC) violations: 33% or more of the measurements exceed the same daily maximum limit, average limit, or instantaneous limit by more than the TRC in a six-month period (any magnitude of exceedence) of a pretreatment standard or requirement.

[1] The multiplier for BOD, TSS, fats, oils and grease is 1.4.

[2] The multiplier for all other pollutants (except pH) is 1.2.

(c) Any other violation(s) of an effluent limit average, daily maximum or instantaneous limit that the control authority believes has caused, alone or in combination with other discharges, interference or pass-through, or endanger the health of Township personnel or the public.

(d) Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

(2) Violations of compliance schedule milestones for starting and completing construction and attaining final compliance by 90 days or more after the schedule date.

(3) Failure to provide reports for compliance schedules, self-monitoring reports, or categorical standards within 45 days from the due date.

(4) Failure to accurately report noncompliance.

(5) Any other violation or group of violations that the Township considers to be significant.

B. For an industrial user that is in SNC, the Township must report the information to the approval authority as part of the pretreatment performance summary of industrial user noncompliance, list the industrial user in the largest daily newspaper as having significant violations, and address SNC through appropriate enforcement action that may include administrative fines, or document in a timely manner the reasons for withholding enforcement.

SIGNIFICANT WASTE GENERATOR

All waste generators that are regulated by categorical pretreatment standards, or any waste generator who has a discharge frequency, flow or character that is found by the Township, EPA or DEP to have significant impact on the wastewater treatment facility (either its operational efficiency, effluent quality or quality of the sludge produced by said facility), either potential or realized, either singly or in combination with other wastes entering the wastewater treatment facility.

SLUG LOAD

Any pollutant (including but not limited to BOD₅, total suspended solids, other conventional pollutants and toxics) released in a discharge at a flow rate and/or pollutant concentration which will cause interference or pass-through at the wastewater treatment facility.

SPRINGETTSBURY TOWNSHIP

The Township of Springettsbury, York County, Pennsylvania.[3]

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the latest standard industrial classification manual issued by the Executive Office of the President, Office of Management and Budget.

STORM SEWER

A sewer which is intended to carry stormwater runoff, surface water, groundwater drainage, etc., but which is not intended to carry any sanitary sewage or industrial waste.

STORMWATER RUNOFF

That portion of precipitation which reaches a channel, trench, sewer or sink.

TOTAL PHOSPHATE AS P (PO₄ as P)

The concentration of total phosphate in sewage or trucked industrial wastes as determined by an acceptable method referenced in 40 CFR Part 136, and amendments thereto, or by any other method approved by EPA, expressed in milligrams per liter as P.

TOTAL SUSPENDED SOLIDS (TSS)

Solids that either float to the surface or are in suspension in water, sewage, industrial waste or other liquids, and which are removable by laboratory filtration. The quantity of total suspended solids shall be determined by one of the acceptable methods described in 40 CFR Part 136, and amendments thereto, or by any method approved by the EPA.

TOWNSHIP

The Township of Spring Garden, York County, Pennsylvania.[4]

TOWNSHIP WASTEWATER TREATMENT FACILITY

The Springettsbury Township Wastewater Treatment Facility.[5]

TRANSITION JOINT

The point of connection of the public service lateral and the private service lateral. The transition joint is usually apparent by the junction of pipes of different materials or diameters. In the absence of a clearly defined transition joint, a Township representative will determine the location of the transition joint. The transition joint will normally be within nine feet of the street curbline.

TRUCKED INDUSTRIAL WASTE

Any liquid, gaseous or waterborne wastes from industrial or commercial establishments, or leachate from sanitary landfills, or wastes having those characteristics of unacceptable wastes enumerated in § 250-69 of this article, as distinct from sanitary sewage, holding tank wastes and septage that are transported by vehicle and discharged to the public sanitary sewage system.

UNPOLLUTED WATER OR WASTE

Water that has not had its pollutant level raised by the user or any water or waste containing none of the following: detectable levels of free or emulsified grease or oil; pH less than 6.0 or greater than 10.5; phenols or other substances imparting taste and odor to receiving waters; toxic or poisonous substances in suspension, colloidal state or solution in levels that exceed state or federal water quality or potable water quality criteria; obnoxious or odorous gases. It shall contain less than 1,000 mg/l of dissolved solids, 250 mg/l of chloride and 10 mg/l each of total suspended solids and BOD. The color shall not exceed 50 color units. Analysis of the parameter referenced in this definition shall be made in accordance with the methods listed in 40 CFR Part 136, and amendments thereto, if the parameter is not listed in 40 CFR Part 136, the analysis shall be made in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Waterworks Association, the American Public Health Association and the Water Environment Federation, or Methods of Chemical Analysis of Water and Wastes, published by the EPA, or by any other method approved by EPA.

UNSCHEDULED COMPLIANCE SAMPLING

A daily composite sample or grab sample collected from a significant industrial user or based on the issuance of a notice of violation as referenced in § 250-70 of this article, in accordance with § 250-71 of this article.

USER

Any person who contributes, causes or permits the contribution of sewage into the Township's public sanitary sewage system.

WASTE

Any sewage, trucked industrial waste, holding tank waste or septage discharged to the Township public sanitary sewage system.

WASTE GENERATOR

Any generator of trucked industrial waste.

WASTE HAULER

A person licensed by the Township to transport and discharge approved holding tank waste, septage, trucked industrial waste, or waste generated at a commercial establishment at the Township Wastewater Treatment Facility.

WASTE HAULER LICENSE

A license issued to a waste hauler by the Township in accordance with § 250-68G of this article.

WASTE PERMIT

The permit issued by the Township to a significant waste generator for a particular trucked industrial waste pursuant to § 250-68G of this article.

WASTEWATER TREATMENT FACILITY

The wastewater treatment plant, including all machinery, equipment, land, buildings and appurtenant facilities operated by Springettsbury Township's Department of Wastewater Treatment.[6]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[5] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-66 Discharge of sanitary sewage to public sanitary sewage system required.

A. All persons owning any occupied building now erected and all persons erecting any new building intended for occupancy within the Township accessible to the public sanitary sewage system serviced by the Township Wastewater Treatment Facility shall, at their own expense, make connection of such buildings with the public sanitary sewage system.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Where a building required to be connected to the public sanitary sewage system by Subsection A of this section is accessible to an existing sanitary sewer, such connection shall be made within 60 days following receipt of written notice from the Township to make such connection.

C. Where a building required to be connected to the public sanitary sewage system by Subsection A of this section becomes accessible to a newly constructed sanitary sewer, such connection shall be made within six months following receipt of written notice from the Township to make such connection.

D. All connections to the public sanitary sewage system shall be made in accordance with applicable Township ordinances.

E. No privy vault, cesspool, septic tank, mine hole or similar receptacle for human excrement shall presently or at any time hereafter be connected with the public sanitary sewage system.

F. When connection of an occupied building not previously connected to the public sanitary sewage system is required by virtue of either new construction or a newly installed sewer, the transition joint or connection shall be made at a point determined by the Township. Normally this connection will be within nine feet of the street curb and/or property line. A cleanout, as specified by the Township, shall be installed immediately adjacent to and on the private service lateral side of the transition joint.

G. The replacement, repair and maintenance of the private service lateral serving any occupied building shall in all events be the responsibility of the owner. The replacement, repair and maintenance of the public service lateral, including the transition joint serving any occupied building shall be the responsibility of the Township, with the following exceptions:

(1) The Township shall in no event be responsible for damage to or blockage of a public service lateral if such damage or blockage is caused by the actions of the owner or his agent.

(2) The Township shall in no event be responsible for damage to or blockage of a public service lateral or private service lateral caused by tree roots, whether the tree be located within the street right-of-way or upon private property. Repair of such damage or blockage shall be the owner's responsibility.

H. When connection of an occupied building not previously connected to the public sanitary sewage system is required by virtue of either new construction or a newly installed sewer, the owner shall install a cleanout as specified by the Township immediately adjacent to the transition joint. When it is necessary for the Township to repair a public service lateral and no cleanout exists, the Township shall install a cleanout at the transition joint as necessary.

§ 250-67 Admission of industrial wastes, holding tank wastes, septage and trucked industrial wastes to the public sanitary sewage system.

A. General. The economy and desirability of the combined treatment of industrial wastes, holding tank wastes, trucked industrial wastes and sanitary sewage is recognized. In general, any and all industrial wastes, holding tank wastes, trucked industrial wastes and septage may be discharged to the public sanitary sewage system except those that are deemed harmful to the system or are specifically prohibited by this article. However, it is recognized that the treatment of these wastes add to the cost of operating and maintaining the public sanitary sewage system. Such additional costs must, therefore, be borne by the person or persons receiving the benefit of such treatment. In addition, the acceptance of trucked wastes, including those described as holding tank wastes, septages and trucked industrial wastes, is based solely on the ability of the wastewater treatment facility to assimilate those wastes without potential for interference or pass-through. If and when the Township determines that the acceptance of any trucked waste has a potential to cause interference or pass-through, the Township may deny the discharge of said waste without any prior notice to the licensed waste hauler or waste generator regardless of permits or licenses held by the waste hauler or waste generator.

B. Harmful wastes. The Township reserves the right to refuse connection to the public sanitary sewage system for the discharge of deleterious industrial wastes, to refuse the discharge of any trucked industrial waste, holding tank waste or septage, or to compel discontinuance of the use of the system for such wastes, or to require pretreatment and/or equalization of flow thereof in order to prevent harmful or adverse effects upon the system. The design, construction and operation of such pretreatment facilities and/or flow-equalization facilities shall be made at the sole expense of the person discharging said wastes and shall be subject to the approval of the Township Supervisors or their designated representative.

C. Harmful characteristics. In general, waste shall be considered harmful to the public sanitary sewage system if it may cause any of the following damaging effects:

(1) Chemical reaction, either directly or indirectly, with the materials of construction of the public sanitary sewage system in such a manner as to impair the strength or durability of any sewer system structures.

(2) Mechanical action that will destroy any sewer system structures.

(3) Restriction of the hydraulic capacity of any sewer system structures.

(4) Restriction of the normal inspection or maintenance of any sewer system structures.

(5) Danger to public health and safety.

(6) Obnoxious conditions inimical to the public interest.

§ 250-68 Permitting and licensing.

A. Industrial user permits.

(1) All industrial users proposing to contribute to the public sanitary sewage system shall make application for an industrial user permit. All existing significant industrial users contributing to the public sanitary sewage system at the time of the adoption of this article shall obtain an industrial user permit within 90 days after the effective date of this article. The users required to apply for an industrial user permit shall complete and file with the Township an industrial user permit application form approved by the Township, accompanied by a nonrefundable processing fee to be set through a resolution by the Board of Supervisors of Springettsbury Township. Proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the public sanitary sewage system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information, including, but not limited to:[1]

(a) Name, address, location, phone number.

(b) SIC number according to the Standard Industrial Classification Manual, Office of Management and Budget, 1987.

(c) Name of responsible individual.

(d) Wastewater constituents and characteristics, before and after pretreatment, as determined by a reliable analytical laboratory.

(e) Time and duration of contribution.

(f) Average daily wastewater flow rates, including daily, monthly and seasonal variations, if any.

(g) Site plans, plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.

(h) Description of activities and plant processes on the premises, including all materials which are or could be discharged.

(i) Where known, the nature and concentration of any pollutants in the discharge which are limited by the Township, state or federal pretreatment standards, and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards.

(j) If additional pretreatment and/or O&M shall be required to meet the pretreatment standards, the shortest schedule by which the user shall provide such additional pretreatment must be implemented. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(k) Number and type of employees, and hours of operation of plant, and proposed or actual hours of operation of pretreatment system.

(l) Any other information as may be deemed by the Township to be necessary to evaluate the permit application.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) The completed application shall be signed by the user's responsible individual, whose signature shall be acknowledged by a notary public. The Township shall evaluate the data furnished by the industrial user for completeness and may require additional information. After evaluation and acceptance of the data furnished as a complete application, the Township may for cause shown either refuse to issue or may issue a wastewater contribution permit subject to terms and conditions provided herein or may issue a commercial/industrial discharge permit in accordance with this section.

B. Commercial/industrial discharge permits. When required by the Township, industrial and commercial users shall obtain a commercial/industrial discharge permit. After reviewing the industrial user permit application form referenced in Subsection A, the Township may decide to issue a commercial/industrial discharge permit in accordance with guidelines determined by Township staff.

C. Waste hauler licenses.

(1) All persons desiring to transport and discharge holding tank waste, septage or trucked industrial waste to the Township Wastewater Treatment Facility shall first make application with Springettsbury Township for a waste hauler license application form approved by Springettsbury Township. No trucked waste shall be discharged to any discharge point in the public sanitary sewage system except to those specifically designated by Springettsbury Township. The persons required to apply for a waste hauler license shall complete and file with Springettsbury Township a waste hauler license application form approved by Springettsbury Township, accompanied by a nonrefundable processing fee to be set through a resolution by the Board of Supervisors of Springettsbury Township. In support of the application, the person shall submit, in units and terms appropriate for evaluation, the following information, including, but not limited to:[2]

(a) Name, address, location, phone number.

(b) Vehicle information, including make, year, model, license tag number, waste volume capacity and the total number of vehicles owned. This information will be used for the issuance of vehicle stickers according to Township guidelines.

(c) A description of the wastes that will be transported and discharged to the wastewater treatment facility.

(d) A list of permits held by the applicant for the generation, transportation or disposal of wastes.

(e) An estimate of the total maximum volume of waste to be transported and discharged daily at the wastewater treatment facility.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) The completed application shall be signed by the applicant's responsible individual. The Township shall evaluate the data for completeness and may require additional information. After evaluation and acceptance of the data furnished as a complete application, the Township may, at its sole discretion, either refuse to issue or may issue a waste hauler license subject to terms and conditions provided herein.

D. Waste permits.

(1) All waste generators proposing to dispose of trucked industrial wastes at the Township Wastewater Treatment Facility shall make application with Springettsbury Township for a waste permit for each proposed trucked industrial waste, accompanied by a nonrefundable processing fee to be set through a resolution by the Board of Supervisors of Springettsbury Township. In support of the application, the waste generator shall submit, in units and terms appropriate for evaluation, the following information, including but not limited to the following:[3]

(a) Name, address, location, phone number of the waste generator and name of the waste generator's responsible individual.

(b) Name, address, location, phone number and name of the responsible individual of the licensed waste hauler designated to transport and discharge the waste.

(c) SIC number of the waste generator, according to the Standard Industrial Classification Manual, Office of Management and Budget, 1987.

(d) Wastewater constituents and characteristics, before and after pretreatment, as determined by a reliable analytical laboratory.

(e) Requested discharge rate.

(f) Waste generator site plans, plumbing plans and details to show all process waste production areas by size and location.

(g) Description of activities and plant processes on the premises, including all materials which are or could be discharged.

(h) Where known, the nature and concentration of any pollutants in the discharge which are limited by the Township, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis.

(i) Any other information as may be deemed by the Township to be necessary to evaluate the permit application.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) The completed application shall be signed by the waste generator's responsible individual and the waste hauler's responsible individual, whose signature shall be acknowledged by a notary public. The Township shall evaluate the data furnished for completeness and may require additional information. After evaluation and acceptance of the data furnished as a complete application, the Township may, at its sole discretion, either refuse to issue or may issue a waste permit to the waste generator subject to terms and conditions provided herein.

E. Terms and conditions of industrial user permits.

(1) Industrial user permits shall contain at least the following terms and conditions:

(a) Maximum discharge flow rate.

(b) Term of permit.

(c) Statement of nontransferability.

(d) Definitions.

(e) Effluent limits, including best management practices (if necessary), based on applicable pretreatment standards.

(f) General limitations.

(g) Specific limitations.

(h) Special conditions.

(i) Self-monitoring and reporting requirements (including sampling, reporting, notification and recordkeeping).

(j) Notification requirements for slug discharges.

(k) Statement of applicable civil and criminal penalties.

(l) Reopener clause.

(m) Compliance schedules (if required).

(2) Industrial user permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The application must be accompanied by a nonrefundable processing fee to be set through a resolution by the Board of Supervisors of Springettsbury Township. The terms and conditions of the permit may be subject to modification by Springettsbury Township during the term of the permit to accommodate changing conditions and as local, state and federal laws, rules and regulations are modified or amended or other just cause exists. The user shall be informed of any proposed changes in his permit at least 45 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, including a comment period, which shall be the first 30 days of the forty-five-day period prior to the effective date of change.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. Terms and conditions of commercial/industrial discharge permits.

(1) Commercial/industrial discharge permits shall contain at least the following terms and conditions:

(a) Maximum discharge flow rate.

(b) Term of permit.

(c) Definitions.

(d) General limitations.

(e) Specific limitations.

(f) Special conditions.

(g) Annual reporting requirements.

(h) Reopener clause.

(2) Commercial/industrial discharge permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The application must be accompanied by a nonrefundable processing fee to be set through a resolution by the Board of Supervisors of Springettsbury Township. The terms and conditions of the permit may be subject to modification by the Township during the term of the permit to accommodate changing conditions and as local, state and federal laws, rules and regulations are modified or amended or other just cause exists. The user shall be informed of any proposed changes in his permit at least 45 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, including a comment period, which shall be the first 30 days of the forty-five-day period prior to the effective date of change.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

G. Terms and conditions of waste hauler licenses.

(1) Waste hauler licenses shall contain at least the following terms and conditions:

(a) Maximum discharge rate.

(b) Term of license.

(c) General limitations and requirements.

(d) Specific limitations and requirements.

(2) Waste hauler licenses shall be issued for a specific time period not to exceed one year. The application for license reissuance must be accompanied by a nonrefundable processing fee to be set through a resolution by the Board of Supervisors of Springettsbury Township.[6]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

H. Terms and conditions of waste permits.

(1) Waste permits shall contain at least the following terms and conditions:

(a) Maximum discharge flow rate.

(b) Term of permit.

(c) General limitations and requirements.

(d) Specific limitation and requirements.

(e) Self-monitoring requirements.

(2) Waste permits shall be issued for a specific time period not to exceed one year. The application for permit reissuance must be accompanied by a nonrefundable processing fee to be set through a resolution by the Board of Supervisors.

I. Industrial user permit, waste hauler license and waste permit transfer. Industrial user permits are issued to a specific user for a specific operation. Waste hauler licenses are issued to a specific person for one or several waste types and sources. Waste permits are issued to a specific waste generator for a specific waste utilizing a specific operation. An industrial user permit, waste hauler license or waste permit shall not be assigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Township. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit or license.

J. Permit and license revocation. Industrial user permits shall be subject to revocation according to the provisions outlined in § 250-70 of this article. Waste hauler licenses shall be subject to revocation according to the provisions outlined in § 250-70 of this article. Waste permits shall be subject to revocation according to the provisions outlined in § 250-70 of this article.

K. Discharge scheduling. Whenever the Board of Commissioners deems it advantageous to the Township to have an industrial user discharge its industrial waste into the sanitary sewer system at a rate of flow and at a time of day which shall have a favorable effect upon the operation and maintenance of the sanitary sewer system, and the industrial user shall agree to the same, the Board of Commissioners is hereby authorized to enter into an agreement with such industrial user specifying the rate of flow and time of day for the same under such terms and conditions as the Township shall establish. In consideration of such agreement, the industrial user shall be entitled to a discount not exceeding 10% of the treatment and/or transportation rate otherwise payable pursuant to this article.[7]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

L. Confidential information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Township's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, in writing, and is able to demonstrate to the satisfaction of the Township that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable federal or state law. Any such request must be made in writing and 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 the Environmental Protection Agency or the Pennsylvania Department of Environmental Protection 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 shall not be recognized as confidential information and shall be available to the public without restriction.

M. New or increased contributions. All industrial users, waste haulers or waste generators shall promptly notify the pretreatment administrator prior to any changes in the volume or character of their wastewater discharge or in the operation of their pretreatment processes that may result in interference or pass-through at the wastewater treatment facility. The Township reserves the right to deny the admission of or to require the pretreatment of all discharges to the public sanitary sewer system.

N. Indemnification. While performing the necessary work on private properties, the wastewater treatment plant operators or duly authorized employees or agents of the Township shall observe all safety rules applicable to the premises established by the user. The user shall be held harmless for injury or death to the Township employee, and the Township shall indemnify the user against loss or damage to its property by Township employees and against liabilities, claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operations, except such as may be caused by negligence or failure of the user to maintain safe conditions.[8]

[8] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-69 Unacceptable wastes and discharges.

A. Unpermitted discharge. No waste from any significant industrial user other than that for which an industrial user permit has been issued shall be discharged to the public sanitary sewage system. No holding tank waste, septage or trucked industrial waste from any waste hauler who does not possess a valid waste hauler license issued by Springettsbury Township in accordance with § 250-68 of this article shall be discharged into the public sanitary sewage system. No trucked industrial waste other than that for which a waste permit has been issued by Springettsbury Township in accordance with § 250-68 of this article shall be discharged to the public sanitary sewage system.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. General prohibitions. No person shall discharge to the public sanitary sewage system any of the following:

(1) Any waste discharged at a flow rate that could cause interference or pass-through, alone or in conjunction with a waste or wastes from other sources.

(2) Excessive amounts of unpolluted water or waste capable of being discharged or disposed of by any reasonable means other than discharge into the sanitary sewage system, including but not limited to, noncontact cooling water and stormwater. The Township reserves the right to define the amount it deems excessive in each particular instance.

(3) Unpolluted stormwater in any amount.

(4) The addition of cooling water or any other unpolluted water or waste or an increase in the use of process water for the purpose of reducing the concentration of substances that are prohibited or limited by this article or as a partial or complete substitute for adequate pretreatment.

(5) Garbage, unless the same is first properly shredded by a device or equipment designed for that purpose.

(6) Any liquids, solids or gases which, by reason of their nature or quality, either alone or by interaction with other substances, will or could cause fire, explosions or be in any other way injurious to persons, structures or the facilities of the public sanitary sewer system.

(7) Wastes containing any noxious or malodorous gas or substance which, either singly or by interaction with sewage or other wastes, may create a public nuisance or hazard to health or life or prevent entry by persons to sewer system structures for maintenance, repair or otherwise.

(8) Wastes containing ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, hair, chemical or paint residues, greases, lime, slurry or viscose materials of such character or such quantity that, considering the size of the receiving sewers, may cause an obstruction to the flow or otherwise interfere with the proper and efficient operation of the public sanitary sewer system.

(9) Wastes containing gases or vapors, either free or occluded, in concentrations toxic or hazardous to humans or animals.

(10) Wastes containing toxic radioactive isotopes.

(11) Any waste containing toxic substances in quantities sufficient to cause interference or pass-through at the wastewater treatment facility.

(12) Any sewage with objectionable color not removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(13) Any biological hazards, including, but not limited to, unsterilized pathological material from hospitals or private laboratories.

(14) Any harmful waste as described in this section.

(15) Petroleum oil, nonbiodegradable cutting oil, or products or mineral oil origin in amounts causing interference or pass-through at the wastewater treatment facility.

(16) Trucked wastes, except at points designated by the Township.

(17) Pollutants which, alone or in combination with other wastes, may result in the presence of toxic gasses, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(18) Any chemicals, enzymes, emulsifiers, live bacteria or other grease cutters or additives.

C. Specific prohibitions. No person shall discharge to the public sanitary sewer system any sanitary sewage, industrial wastes or trucked industrial waste containing the following measured pollutants:

(1) Wastes containing insoluble, nonflocculent substance having a specific gravity in excess of 2.65.

(2) Wastes containing soluble substances in such concentrations as to cause the specific gravity of the waste to be greater than 1.1.

(3) Wastes containing more than 100 mg/l of oil and grease, if the oil and grease is of unknown or petroleum origin. Wastes containing more than 200 mg/l of oil and grease, if the oil and grease is determined to be of an animal or vegetable origin. The differentiation between oil and grease of animal\vegetable origin and those of petroleum origin shall be made by the Township.

(4) Wastes containing more than 10 mg/l of free chlorine.

(5) Any waste which shall cause the wastewater treatment facility influent to exceed 104° F. (40° C.) or will inhibit the biological activity of the treatment system.

(6) Waste or wastes that shall react with water to form a solution having a pH lower than 6.0 or higher than 10.5 or having any corrosive properties capable of causing damage or hazards to structures, equipment or personnel of the public sanitary sewage system.

(7) Wastes that have a BOD₅ or total suspended solids or total phosphate as P or other pollutant concentration that causes interference with the treatment process.

(8) Wastes having a closed cup flash point of less than 140° F., as determined by a method listed under 40 CFR Part 261.21 and amendments thereto, or wastes that cause the atmosphere above the wastewater discharge at the collection point referenced in § 250-68D of this article to exceed 10% of the lower explosive limit (LEL), as determined by a catalytic, diffusion-type combustible gas meter that measures combustible gases in a range of 0% to 99% LEL.

(9) Any wastes which contain the following substances in solution or suspension in concentration exceeding those presented in the following table:

	Substance	Daily Composite (mg/l)	Grab Sample (mg/l)
	Arsenic (As)	0.75
	Cadmium (Cd)	0.02
	Chromium (Cr)	0.08
	Copper (Cu)	1.4
	Cyanide (Total)	NA	0.7
	Lead (Pb)	0.39
	Mercury (Hg)	0.001
	Molybdenum (Mo)	0.9
	Nickel (Ni)	3.0
	Selenium (Se)	1.2
	Silver (Ag)	0.31
	Zinc (Zn)	2.60

D. Individual control limits. If the Township determines that a waste from any significant industrial user or significant waste generator poses a unique potential for pass-through or interference due to the quantity or quality of the discharge, the Township shall place special requirements or limits in excess of those contained in this article in any industrial user permit or waste permit to prevent such pass-through or interference. Such individual control limits may include, but are not limited to, solvent/toxic organic management plans (STOMPs), toxic reduction evaluation requirements (TREs), hazardous waste disposal plans, slug control discharge plans or specific numerical limitations on substances.

E. Sampling. When required by the pretreatment administrator, any person discharging to the public sanitary sewage system any industrial wastes or combined industrial wastes, food service facility waste or sanitary sewage shall install a suitable sampling manhole, a sanitary connection fitting into the service lateral for sampling, or manholes, flow-metering chambers, flow-monitoring equipment, pH-monitoring equipment and other appurtenances on his connecting sewer or sewers to facilitate observation, sampling and measurement of the combined flow of wastes from his premises. Such manhole or manholes or metering chamber shall be accessible, safely located and secure, and shall be constructed in accordance with plans approved by the pretreatment administrator.

(1) The sampling manhole, sanitary connection fitting, manholes or metering chambers shall be installed by such person at his expense and shall be maintained by him as to be safe and accessible to the pretreatment administrator or his designated representative at all times. The construction and maintenance of such manholes or metering chamber shall be mandatory for significant industrial users, and if deemed necessary by the pretreatment administrator, flows from such manhole or metering chamber shall be continuously monitored, transmitted and recorded by means of an approved recording device.

(2) All licensed waste haulers transporting and discharging wastes to the wastewater treatment facility shall collect a grab sample of waste from each load of waste that is representative of the entire load. This sample shall be submitted to the Township in accordance with procedures outlined in each waste license.

(3) The sampling procedure for the determination of unacceptable sanitary sewage and industrial waste specified in this section shall be as follows. The remaining substances referenced in Subsection C (specific prohibitions) shall be by a daily composite sample, except for those parameters listed under Subsection C that may be determined by either a daily composite sample or a grab sample (subject to the concentrations stated for each type of sample).

(a) Oil and grease.

(b) Free chlorine.

(c) Temperature.

(d) Closed cup flash point.

(e) pH.

(f) Total cyanide.

(g) Phenols.

(h) 1, 1, 1,-Trichloroethane.

(i) Chloroform.

(j) Trichloroethylene.

(k) Tetrachloroethylene.

(l) Toluene.

(m) Ethylbenzene.

(n) Benzene.

(o) Vinyl chloride.

(p) Carbon tetrachloride, which shall be by grab sample only.

(4) Monthly limitations shall be based on the arithmetic mean of at least two daily composite samples taken on separate days within one calendar month for those substances referenced in Subsection C(9) of this section that have daily composite limitations. Monthly limitations shall be based on the arithmetic mean of at least two grab samples taken on separate days within one calendar month for those substances referenced in Subsection C(9) of this section that do not have daily composite limitations. Waste samples collected to determine compliance with the provisions of this section shall be taken at the manhole or metering chamber referred to in this section, or in the absence of such manhole or metering chamber, at such place as the Township shall determine will provide a representative sample of the discharge, or at any other place mutually agreed upon by the Township and the user.

(5) Trucked industrial waste samples shall be collected by the licensed waste hauler or by the Township as a representative grab sample from each load discharged at the wastewater treatment facility. Limits applicable to trucked industrial waste shall be the grab sample limits referenced in this section.

F. Analytical methods. All analyses of samples shall be performed in accordance with procedures contained in 40 CFR Part 136, and amendments hereto, or any method approved by the EPA.

§ 250-70 Violation notice, remedies and penalties.

A. Enforcement response. Enforcement actions taken by the Township shall be consistent with an enforcement response plan maintained at the wastewater treatment facility.

B. Notice of violation. Whenever the pretreatment administrator finds that any user or waste hauler or waste generator has violated any provisions of this article or an industrial user permit, a commercial/industrial discharge permit, a waste hauler license, a waste permit, an order or a compliance schedule, the pretreatment administrator or his duly authorized representative may serve upon said user a written notice of violation. If required by the Township, a written response to this notice, including an explanation of the cause of the violation and a plan for the correction and prevention thereof, must be submitted to the pretreatment administrator within 10 working days of receipt of the notice. Submission of this plan in no way relieves the user of liability for any violation occurring before or after receipt of the notice of violation.

C. Compliance schedule. When required by the pretreatment administrator, compliance schedules must be developed by existing or new users and approved by the pretreatment administrator. These schedules shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment equipment required to meet present or proposed applicable pretreatment standards. No increment of progress shall exceed nine months. The pretreatment administrator shall have the right to deny or to require the modification of proposed compliance schedules. Users under compliance schedules shall submit progress reports to the pretreatment administrator no later than 14 days following each milestone date in the schedule and 14 days following the final date of compliance. Failure to meet required milestone dates shall constitute a violation of this article.

D. Administrative fine. Notwithstanding any other section of this article, any user or waste hauler or waste generator who is found to have violated any provision of this article or an industrial user permit or a commercial/industrial discharge permit or a waste hauler license or a waste permit or an order issued hereunder, or is found to be in significant noncompliance (SNC), may be fined in an amount no less than $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. The Township shall have such other collection remedies as it has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property.[1]

(1) Any user or waste hauler that desires to dispute such fines must file a request before the Township to reconsider the fine within 10 working days of being notified of the fine. The Township shall include as part of the notice of an administrative fine a description of the applicable appeals process to be followed, including the name, address and telephone number of the person responsible for accepting such appeal. Where the Township believes the request has merit, it shall convene a hearing on the matter within 15 working days of receiving the request from the user.

(2) Any user assessed an administrative fine shall have 30 days to pay the proposed fine in full, or if the user wishes to contest either the amount of the fine or the fact of the violation, the user must file an appeal of the action. All appeals are to be made pursuant to the instructions included in the notice of administrative fine assessment. Failure to appeal within this period shall result in a waiver of all legal rights to contest the violation or the amount of the fine.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Administrative order (AO). When the Township finds that a user has violated or continues to violate any provisions of this article, permit or order issued hereunder, or any other pretreatment standard or requirement, the Township may issue an order to the user responsible for the discharge directing that the user come into compliance within a time period set by the Township. If the user does not come into compliance within the specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Administrative orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. An administrative order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does an administrative order release the user of liability for any violation, including any continuing violation. Issuance of an administrative order shall not be a prerequisite to taking any other action against the user.

F. Injunctive relief. Whenever a user has violated or continues to violate the provisions of this article, an industrial user permit or a commercial/industrial discharge permit or an order issued hereunder, the pretreatment administrator, through counsel, may petition the court for the issuance of a preliminary or permanent injunction (or both, as may be appropriate), which restrains or compels the activities on the part of the user. The pretreatment administrator shall have such remedies to collect all fees incurred by the Township as a result of this petition as it has to collect other sewer service charges, including a request for payment of costs and attorney's fees as may be authorized by law.

G. Industrial user permit or commercial/industrial discharge permit revocation.

(1) Any user who violates any of the following conditions of this article, of an industrial user permit, or of a commercial/industrial discharge permit, or of any order may be subject to the revocation of its permit:

(a) Failure of a user to factually report the wastewater constituents and characteristics of his discharge.

(b) Failure of user to report significant changes in wastewater constituents or characteristics.

(c) Refusal of reasonable access to the user's premises for the purposes of inspection or monitoring.

(d) Violation of the conditions of the permit.

(2) The Township shall not revoke an industrial user permit or commercial/industrial discharge permit without first allowing the noncompliant user the opportunity to show cause under this section why the proposed action should not be taken. Before any further discharge of wastewater may be made by a user whose permit has been revoked, the user must apply for and be granted a reinstatement of the revoked permit or a new permit, as the Township may require, and pay all delinquent fees, charges and costs occasioned by the violation, in accordance with all conditions set forth in this article and the procedural guidelines recorded and available at the wastewater treatment facility. The Township will not renew an industrial user permit or commercial/industrial discharge permit until all delinquent fees, charges and costs occasioned are paid in full or prior arrangements have been made with the Township on a payment plan approved by the Township.

H. Waste hauler license revocation. Any waste hauler who violates any provision of this article or of its waste hauler license or of a waste permit held by the waste hauler or of any additional requirements set by the Township may be subject to immediate license revocation. In addition, the Township may immediately and without notice revoke any waste hauler license if the Township determines that the acceptance of the waste is detrimental to the overall operation of the wastewater treatment facility.

I. Waste permit revocation. Any waste generator who violates any provision of this article or of its waste permit or of any additional requirements set by the Township may be subject to immediate permit revocation. In addition, the Township may immediately and without notice revoke any waste permit if the Township determines that the acceptance of the waste is detrimental to the overall operation of the wastewater treatment facility.

J. Show cause hearing. The pretreatment administrator may order any user which causes or contributes to a violation of this article or industrial user permit or commercial/industrial discharge permit or order issued hereunder to show cause why a 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 and the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail to any principal executive, general partner, corporate officer or owner of the industrial user at least 10 days prior to the hearing. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued.

K. Emergency response. The pretreatment administrator may suspend the wastewater treatment service and/or industrial user permit or commercial/industrial discharge permit whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, wastewater treatment facility or the environment.

(1) Any user notified of a suspension of the wastewater treatment service and/or industrial user permit or commercial/industrial discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the pretreatment administrator shall take such steps as deemed necessary, including the immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment facility, its receiving stream, or endangerment to any individuals. The pretreatment administrator shall allow the user to recommence its discharge when the endangerment has passed, unless the permit revocation proceedings set forth in this section are initiated against the user.

(2) Any user which is responsible, in whole or in part, for imminent danger shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the pretreatment administrator prior to the date of the show cause hearing described in this section.

L. Criminal penalties.

(1) Any person, firm or corporation, with or without notice, who shall violate any provisions of this article, an industrial user permit, a commercial/industrial discharge permit, a waste hauler license, a waste permit or order, and if such person violating the provisions of this article shall be a partnership, then the members thereof, or if such person be a corporation or association, then the officers, members, agents, servants, or employees thereof, 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 article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

(2) The pretreatment department may recover reasonable legal fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Township.

M. Public notification. The Township shall, at least annually, publish in the largest daily newspaper distributed in the Township a list of industrial users which in the last 12 months were significantly violating applicable pretreatment standards or other pretreatment requirements or that were determined to be in significant noncompliance. Significant noncompliance shall be determined according to guidelines set in 40 CFR Part 403.8(f)(2)(vii), or amendments thereto.

N. Civil penalties and costs.

(1) Any person who shall violate the provisions of this article, any permit issued pursuant to this article, or any regulation adopted under this article may, after notice and hearing as hereinafter provided, be assessed a civil penalty for such violation and, in addition to such penalty, be assessed the cost of any damages caused by the violation or the cost of correcting such violation.

(2) Before assessing a civil penalty or costs, the Township shall provide the violator with a written notice of proposed assessment citing the ordinance provision, permit or regulation violated with an offer to conduct an assessment hearing to evaluate the violation and the amount of the penalty or cost. Said notice shall contain an explanation of the right to a hearing and the right to appeal from the assessment made.

(3) The Township shall assign a representative to hold the assessment hearing. In no event shall the pretreatment administrator act as the hearing officer.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(4) The assessment hearing shall be informal and shall not be governed by requirements for formal adjudicatory hearings. Should the violator fail or refuse to agree as to a time for the hearing, the hearing officer shall fix a time and direct the violator's attendance. Should the violator fail or refuse to attend, the hearing officer may proceed with the hearing and, if appropriate, assess a civil penalty and/or costs.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5) A civil penalty may be assessed whether or not the violation was willful. The amount of the penalty shall not be less than $1,000 per day per violation; provided, however, that any industrial user who shall violate the Township's pretreatment standards and/or the requirements of the Township's approved pretreatment program may be assessed a penalty not to exceed $25,000 per day per violation as provided in the Publicly Owned Treatment Works Penalty Law.[4] In determining the amount of the penalty, the hearing officer shall consider the following:

(a) The willfulness of the violation.

(b) Damages to air, water, land or other natural resources or their users.

(c) Cost of restoration and abatement.

(d) Savings resulting to the person in consequence of the violation.

(e) Deterrence of future violations.

(f) History of past violations.

(g) Other relevant factors.

[4] Editor's Note: See 35 P.S. § 752.1 et seq.

(6) If a person against whom a civil penalty of costs has been assessed fails to pay the amount assessed in full or appeal the assessment de novo, as provided in Subsection N(7) hereof, within 30 days following the date of assessment; such failure to pay or perfect an appeal shall constitute a separate violation, for which an additional civil penalty may be assessed after notice and hearing. Additional violations shall be deemed to occur and additional civil penalties may be assessed each time a person fails to pay or perfect an appeal.

(7) A person assessed with a civil penalty or costs pursuant to this section shall have 30 days to pay the penalty and costs in full. If the person assessed wishes to contest the violation or the penalty or costs assessed, such person shall have the right to appeal de novo to the Board of Commissioners for a hearing under the Local Agency Law.[5] The notice of appeal and request for hearing shall be filed within 30 days of the date of receipt of notice of the action appealed. The notice of the appeal must be accompanied by the amount of the civil penalty and/or costs to be held in an escrow account by the Township. In lieu of such payment, the appellant may post an irrevocable letter of credit for the required amount, issued by a federal or commonwealth chartered lending institution, or an appeal bond in such amount executed by a surety licensed to do business in this commonwealth and in a form satisfactory to the Township. If after the Local Agency Law review or final judicial review the civil penalty and/or costs are removed or reduced, the amount paid into escrow shall be adjusted accordingly and the balance remitted to the appellant within 30 days or, in the case of a letter of credit or surety bond having been posted, upon payment of the amount due such letter of credit or bond shall be released. Failure to make the required deposit in escrow or submit an irrevocable letter of credit or a surety as provided in this subsection shall result in a waiver of all legal rights to appeal the violation or the amount of the penalty and/or costs assessed.[6]

[5] Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and § 751 et seq.

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(8) In any case where the Township determines that the violation is of a continuing nature, the Township may impose a weekly assessment of not more than $2,500 per week for each week the violation continues unabated by the violator. Such weekly assessment shall accrue indefinitely after the date of notice of the assessment to the violator.

(9) All civil penalties and costs assessed pursuant to this subsection shall be payable to the Township and shall be collectible in any manner provided by law for the collection of debts. Unpaid civil penalties and/or costs, together with interest and any costs that may accrue, shall constitute a judgment in favor of the Township and be a lien upon the real property of the violator from the date such amount has been entered and docketed on the record by the Prothonotary of York County.

O. Fines and civil penalties collected. All fines and civil penalties collected pursuant to Subsection L or N of this section shall be placed in a restricted account and shall only be used for the repair of damage or mitigation of threats to the public health, to pay any penalties imposed on the Township by the federal or state governments for violation of pretreatment standards, for costs inured to investigate and take enforcement actions, and for the administration of this article and the Sewage Facilities Act.[7]

[7] Editor's Note: See 35 P.S. § 750.1 et seq.

P. Springettsbury Township as agent. Springettsbury Township shall have the authority with certain designated structures to act as the agent of the Township for the purpose of issuing permits, establishing fees, conducting inspections and enforcing the provisions hereof.[8]

[8] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-71 Reporting requirements.

A. Self-monitoring report (SMR). The Township shall require all significant industrial users and all significant waste generators to submit to the Township's pretreatment administrator during the months of June and December, unless required more frequently by the pretreatment administrator, a report on a form supplied by the Township, indicating the concentration of pollutants in the effluent or generated waste which are of particular concern to the Township and which are limited by this article. In addition, this report shall include a record of all daily flows which occurred during the reporting period. At the discretion of the pretreatment administrator and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the pretreatment administrator may agree to alter the months during which the above report is to be submitted.

(1) Repeat sampling and reporting. All wastewater samples must be representative of the user's discharge. If sampling performed by a user indicates a violation, the user must notify the pretreatment department 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 pretreatment department within 30 days after becoming aware of the violation.

(2) If the user is monitoring any pollutant more frequently than required by the pretreatment department, the results of this monitoring shall be included in the self-monitoring report (SMR).

B. Baseline monitoring report. 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 significant industrial users and significant waste generators subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the Township a report which contains the information listed under this section. At least 90 days prior to commencement of their discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard shall be required to submit to the Township a report which contains the information listed under this section. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. The industrial user shall submit the information required by this section, including the following:

(1) Identifying information. The name and address of the facility, including the name of the operator and owners.

(2) Wastewater discharge permits. A list of any environmental control wastewater discharge permits held by or for the facility.

(3) 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 industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(4) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process wastewater and other streams, as necessary, to allow use of the combined waste-stream formula set out in 40 CFR 403.6(e).

(5) Measurement of pollutants. Identify the categorical pretreatment standards applicable to each regulated process. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the Township) 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 shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 250-69 of this article.

(6) Certification. A statement reviewed by the industrial user's authorized responsible individual and certified by a qualified professional, indicating whether pretreatment standards are being met on a constant basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(7) Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. 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 shall meet the requirements set out in § 250-70 of this article.

(8) All baseline monitoring reports must be signed and certified in accordance with this section.

C. Compliance schedule progress report. The following conditions shall apply to the schedule required under this section. 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 hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to in this section shall exceed nine months. The user shall submit a progress report to the Township no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not the user 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. In no event shall more than nine months elapse between such progress reports to the Township.

D. Ninety-day compliance report. All industrial users or waste generators subject to categorical pretreatment standards shall submit, within 90 days following the date of final compliance with applicable categorical pretreatment standards, a report containing the information listed in 40 CFR 403.12(b)(4)-(6). Industrial users or waste generators subject to equivalent mass or concentration limits established in accordance with 40 CFR Part 403.6(c) must include in the report a reasonable measure of the user's long-term production rate.

E. Signatory requirements. All reports submitted pursuant to requirements outlined in this article, including, but not limited to, the baseline monitoring report, the self-monitoring report and the ninety-day compliance report shall be signed by the responsible individual.

F. Certification requirements. All reports referenced in this section, as well as industrial user permit applications, waste permit applications and waste hauler license applications submitted pursuant to § 250-68 of this article, shall include the following 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 quality 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. Notification of spills and slug loads. All users shall notify the Township immediately by phone or in person upon any planned or unplanned discharge of wastes of a strength or character unusual for the discharger or in violation of the discharger's industrial user permit or any other regulations set forth in this article. All licensed waste haulers or permitted waste generators shall notify the Township in advance of the discharge of a waste that is of a strength or character unusual for the hauler or generator or that is in violation of the hauler's license or generator's permit or any other regulations set forth in this article. This report is to be followed within 10 working days of the day of the occurrence by a detailed written statement sent to the pretreatment administrator describing the cause and characteristics of the discharge and measures that are being taken to prevent further similar discharges. Such notification shall not relieve the user from any liability which may be incurred as a result of the discharge.

H. Hazardous waste discharges. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and the state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed 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 wastes per calendar month to the POTW, the notification shall also 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 waste, an estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.

(1) All notifications as required under this section must take place no later than 180 days after the discharge commences. Any notification under this section need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under this section.

(2) Dischargers are exempt from the hazardous waste notification requirements during a calendar month for which they discharge no more than 15 kilograms of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR Parts 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 Parts 261.30(d) and 261.33(e) require a one-time notification.

(3) Subsequent months during which the user discharges more than such quantities of any hazardous wastes do not require additional notification.

(4) In the case of any new regulations under § 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous wastes or listing any additional substances as hazardous wastes, the user must notify the POTW, 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.

(5) In the case of any notification 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.

I. Notice to employees. In order that employees of industrial users and significant waste generators be informed of the requirements of this article, industrial users and significant waste generators shall make available to their employees copies of these regulations and any other wastewater information and notices which may be furnished by the Township directed toward more effective water pollution control. A notice shall be furnished by the user and permanently posted in a prominent area on the user's bulletin board explaining proper procedures for spill prevention, containment or neutralization and advising employees who to call in case of an accidental discharge in violation of these regulations.

J. Right of access. The wastewater treatment plant operators and other duly authorized employees of the Township bearing proper credentials and identification shall be allowed to enter all properties and waste transportation vehicles for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Township shall inspect all significant industrial users and all significant waste generators at least once per year.

K. Recordkeeping requirements. Any industrial user or waste generator subject to reporting requirements shall be required to retain for a minimum of three years any records of monitoring activities, results and documentation associated with best management practices. The Township shall retain all reports that it receives from industrial users and waste generators for a minimum of three years. Any record of monitoring activities and results shall be made available for inspection and copying by the pretreatment administrator or his duly authorized representatives.

L. Federal requirements. Upon the promulgation of any federal standards or requirements (including, but not limited to, federal categorical pretreatment standards for any particular industrial subcategory found at 40 CFR Chapter 1, Subchapter N, Parts 405-471), the federal standards or requirements shall immediately supersede the limitations imposed under this article if the federal standards are more stringent than the limitations imposed under this article. Any user or waste generator which is subject to federal categorical standards is required to comply with all standards and requirements in accordance with Section 307 of the Clean Water Act.[1]

[1] Editor's Note: See 33 U.S.C. § 1317.

M. State requirements. Upon the promulgation of any Pennsylvania state standards or requirements, the state standards or requirements shall immediately supersede the limitations imposed under this article if the state standards are more stringent than federal limitations or requirements or the limitations and requirements imposed under this article.

N. General pretreatment facility management requirements. All users shall install and operate, at their own expense, any pretreatment facility that, in the opinion of the Township, is necessary for the proper handling of wastes. Such facilities shall be of a type and capacity approved by the Township and shall be located as to be readily and easily accessible for maintenance by the user and for inspection by the Township. All plumbing appurtenances and grease trap installations shall conform to the most recent UCC requirements, as may be amended.

O. Pretreatment facility requirements. Pretreatment facilities, including, but not limited to, grease traps, shall be provided by a user when, in the opinion of the Township, they are necessary for the proper handling of wastes containing excessive amounts of pollutants. All pretreatment facilities shall be of a type and capacity approved by the Township and shall be located to be easily accessible for cleaning, inspection and maintenance. Where installed, all pretreatment facilities shall be maintained by the user, at his own expense, and shall be kept in continuous and efficient operation at all times.

P. Notice of changed discharge requirements. Each user shall notify the pretreatment administrator of any planned significant changes to the user's operations or systems which might alter the nature, quality or volume of its wastewater or constitute a slug load, as defined in § 250-65 of this chapter, at least 45 days before the change.

§ 250-72 Fees and surcharges for certain users and industrial wastes.

A. Surcharges. Although the sewage treatment works will be capable of treating certain industrial wastes and wastes generated from a commercial establishment, the actual treatment of such wastes may increase the cost of operating and maintaining the public sanitary sewage system. Therefore, there shall be imposed upon each person discharging such waste into the public sanitary sewage system a surcharge or surcharges which are intended to cover such additional costs. Such surcharges shall be in addition to the regular sewage service charges and shall be payable as herein provided.

B. Determination of surcharges. The strength of any waste, the discharge of which is to be subject to surcharge as determined by this section, shall be determined quarterly or more frequently, as the Township shall determine, from samples taken either at the manhole or metering chamber referred to herein, or at any other sampling point mutually agreed upon by the Township and the producer of such waste. The frequency and duration of the sampling period shall be such as, in the opinion of the Township, shall permit a reasonably reliable determination of the average composition of such waste, exclusive of stormwater runoff. Samples shall be collected or their collection supervised by a representative of the Township and shall be samples that reasonably reflect the characteristics of the waste over a twenty-four-hour period. Except as hereinafter provided, the strength of the waste so found by analysis shall be used for establishing the surcharge or surcharges. The costs of sample collection and analysis for the purpose of determining surcharge rates shall be set through a resolution by the Board of Supervisors. However, the Township may, if it so elects, accept the results of routine sampling and analyses by the producer of such wastes in lieu of making its own sampling and analyses.

C. Calculation of surcharges.

(1) In the event that, after sampling and analysis as prescribed in this section, any waste found by the Township to have pollutants of BOD concentration in excess of 300 mg/l and/or total suspended solids concentration in excess of 350 mg/l and/or total phosphate as P concentration in excess of 10 mg/l, the producer of said waste shall pay a strength of waste surcharge in addition to the flat rate of volume charge, which surcharge shall be computed by using the following formula:

Factor (%)

=

60

+

15(BOD-5 mg/l) (300)

+

15(TSS mg/l) (350)

+

10(P mg/l) (10)

- 100

(2) Where the concentration of the waste is less than 300 mg/l for BOD or 350 mg/l for total suspended solids or 10 mg/l for phosphate as P, the values in parentheses for BOD and/or total suspended solids and/or total phosphate as P shall be equal to one. The amount of the strength of waste surcharge shall be computed by multiplying the flat rate of volume charge for collection, transportation and treatment by the surcharge factor derived above.

D. The strength of waste surcharges provided for in this section shall be added to the sewage service charge imposed by the Township.

E. Sampling fees and schedules for significant industrial users. All significant industrial users requiring an industrial user permit shall be assessed a fee for service charge for each scheduled sampling and unscheduled compliance sampling to be performed by the Township. The charge to the significant industrial user for each scheduled sampling shall be set through a resolution by the Board of Supervisors. The charge to the significant industrial user for each unscheduled compliance sampling shall be 120% of the cost of each scheduled sampling.

F. Sampling fees and schedules for commercial users. All commercial users requiring an industrial user permit shall be assessed a fee for service charge for each scheduled sampling and unscheduled compliance sampling to be performed by the Township. The charge to the commercial user for each scheduled sampling shall be set through a resolution by the Board of Supervisors. The charge to the commercial user for each unscheduled compliance sampling shall be 120% of the cost of each scheduled sampling.

(1) A sampling frequency table shall be on file at the wastewater treatment facility for each significant industrial user and commercial user and shall indicate the number of scheduled samplings that are to be routinely performed by the Township for a certain time period, not including unscheduled compliance samplings. The Township shall sample all significant industrial users and commercial users at least once per year.

(2) The scheduled sampling frequency shall be based on several criteria, including, but not limited to, flow, SIC number and historical waste characteristics, including past ordinance violations. Periodic reviews of data at least once per year but not more frequently than every six months may result in revisions of the table. An unscheduled compliance sample may be collected from any user within 30 days after the Township identifies a violation of any provision of § 250-69B or C of this article resulting from any scheduled or unscheduled sampling.

G. Other sampling and testing fees. The Township may collect waste samples, make inspections and incur other expenses in order to determine user compliance with applicable rules and regulations, and may assess users certain fees for those services in accordance with a resolution set by the Board of Supervisors.