[Adopted 6-29-1973 by Ord. No. 73-6]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in these rates, rules and regulations shall
be as follows:
Any industrial waste having a suspended solid content of
BOD appreciably in excess of that normally found in sanitary sewage.
For the purpose of this article, any industrial waste containing more
than 350 milligrams per liter of suspended solids or having a BOD
in excess of 300 milligrams per liter shall be considered an "abnormal
industrial waste," regardless of whether or not it contains other
substances in concentrations differing appreciably from those normally
found in sanitary sewage.
The Shiloh Sewer Authority.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
Each individual building or house, whether constructed as
a detached unit or as one of a pair or row, which is designed or adaptable
to separate ownership for use as a family dwelling unit or for commercial
or industrial purposes. A school, factory, apartment house, office
building or other multiple-unit structure whose individual apartments
or units are connected to a common internal sewage system and which
are not commonly subject to separate ownership shall be considered
as one "connection unit."
Equivalent dwelling unit. An "EDU" shall be equivalent to
an average daily flow or discharge into the sewer system of 300 gallons
per day. Each residential unit shall be equivalent to one "EDU." The
number of EDUs for a nonresidential unit shall be determined by dividing
the total actual or estimated daily flow (measured in gallons) of
industrial waste or sanitary sewage into the sewer system by 300 gallons.
Each nonresidential unit shall be equivalent to at least one EDU.
[Added 9-13-1984 by Ord. No. 84-6]
Any property within the sewered area upon which there is
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial waste shall be or may be discharged.
Any solid, liquid or gaseous substance, rejected or escaping
in the course of any industrial, manufacturing, trade or business
process or in the course of the development, recovery or processing
of natural resources which is discharged into the sewer system as
distinct from sanitary sewage.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, extending 15 feet from
the center line of the street.
Each connection unit, other than a residential unit, which
is connected to the sewer system and each separately owned or managed
business or professional office or commercial or industrial establishment
within such connection unit which, in each case, is connected to the
sewer system and from which sanitary sewage or industrial waste is
or may be discharged into the sewer system.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the sewered area.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The Plumbing Code of the Township adopted by Ord. No. 74-2,
as from time to time amended or superseded.[1]
[Amended 11-14-1991 by Ord. No. 91-09]
Each private dwelling; each dwelling unit in a double house
or in a row of connecting houses; each apartment; and each room, group
of rooms, house trailer or enclosure occupied or intended for occupancy
as separate living quarters by a family or group of persons living
together or by persons living alone, which accommodation is connected
to the sewer system and from which sanitary sewage is or may be discharged
into the sewer system.
The type of toilet and other water-carried waste normally
discharged from residential properties.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
That portion of the Township in which there shall be constructed
a sewage collection system as from time to time constructed and extended
by the Authority, the Township or others and that part of areas outside
the Township in which sewers shall be constructed which connect to
the sewage treatment plant of Dover Township Sewer Authority located
in Conewago Township.
Each residential unit and each nonresidential unit.
All facilities, as of any particular time, for collecting,
pumping and disposing of sanitary sewage and industrial waste situate
in the Shiloh sewered area and owned and/or operated by the Authority
or the Township.
Includes any street, road, lane, court, alley and public
square.
The Township of West Manchester, York County, Pennsylvania,
or as the context may require, the Board of Township Supervisors,
in connection with matters requiring action of the Supervisors, or
such officers or employees of the Township as are authorized to act
for the Township on the premises.
A.
No person shall uncover, connect with, make any opening into or use,
alter or disturb, in any manner, any lateral of the sewer system without
first obtaining a permit, in writing, from the Township. Such permit
shall be issued to each owner required to connect to a sewer by ordinance
of the Township, subject always to compliance with these rates, rules
and regulations, and may be issued by the Township to owners not so
required to connect.
B.
Application for a permit required under Subsection A shall be made by the owner of the improved property to be served.
C.
No person shall make or cause to be made a connection of any improved
property with a sewer until such person shall have fulfilled each
of the following conditions:
(2)
Such person shall have given the Township at least 24 hours' notice
of the time when such connection will be made so that the Township
may supervise and inspect the work of connection and necessary testing.
D.
Except as otherwise provided in this section, each connection unit
on each improved property shall be connected separately and independently
with a sewer through a building sewer. Grouping of more than one connection
unit on one building sewer shall not be permitted, except under special
circumstances and for good sanitary reasons or other good cause shown
and then only after special permission of the Township, in writing,
shall have been secured.
E.
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to a lateral
shall be borne by the owner of the improved property to be connected;
and such owner shall indemnify and save harmless the Township from
all loss or damage that may be occasioned, directly or indirectly,
as a result of construction of a building sewer or of connection of
a building sewer to a lateral.
G.
The permit required by Subsection A shall be displayed prominently upon the improved property to be connected to a sewer at all times during construction of the building sewer and connection of the building sewer to a lateral.
H.
A building sewer shall be connected to a sewer at the lateral. No
person shall make a connection directly to or tamper with a sewer
in any manner.
I.
The invert of a building sewer at the point of connection to a lateral
shall be at the same or a higher elevation than the invert of the
lateral. A smooth, neat joint shall be made, and the connection of
a building sewer to a lateral shall be made secure and watertight.
Special fittings for connection of a building sewer to a lateral may
be used only after approval of the Township has been secured.
K.
Whenever the Township has reason to believe any building sewer has
become defective, such building sewer shall be subject to test and
inspection. Defects found upon such test and inspection, if any, shall
be corrected as required by the Township, in writing, at the cost
and expense of the owner of the improved property served through such
building sewer.
L.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
M.
Every excavation for a building sewer shall be guarded adequately
to protect all persons from damage and injury. Streets, sidewalks
and other public property disturbed in the course of installation
of a building sewer shall be restored at the cost and expense of the
owner of the improved property being connected, in a manner satisfactory
to the Township.
N.
After any section of the sewer system constructed by the Authority
or by the Township shall have been completed and after all connection
units required to be connected to such section shall have been so
connected and such system shall have been accepted by the Township
for operation and maintenance, the owner of each additional connection
unit thereafter connected to such section shall comply, with respect
to such connection, with the provisions of this section.
A.
If any person shall fail, for 60 days after written notice from the
Township, to remedy any unsatisfactory conditions with respect to
a building sewer, the Township may refuse to permit such person to
use the sewer system until such unsatisfactory condition shall have
been remedied to the satisfaction of the Township.
B.
The Township reserves the right to refuse to any person the use of
the sewer system or to compel the pretreatment of industrial waste
in order to prevent discharge into the sewer system of harmful wastes.
[Amended 9-13-1984 by Ord. No. 84-6]
A.
There is hereby charged and imposed upon the owner of each sewer
rental unit a connection charge which shall be due and payable to
the Township:
(1)
With respect to those owners who are required to connect to a sewer
by ordinance of the Township, at the time the connection permit is
issued or 60 days after written notice to such owner to connect, whichever
date is earlier.
B.
Upon the completion of each section of the sewer system constructed
by the Authority, by the Township or by others, the Township shall
give notice to all owners of properties required to be connected to
such section to connect such property and shall advise the owners
of all properties not required to connect of their opportunity to
do so.
C.
The owner of each property required to be connected to the sewer
system and the owner of each property who shall voluntarily connect
such property with the sewer system, although not required to do so,
shall pay a connection charge to the Township as follows. The Township
hereby fixes and imposes against the owner of each property within
the sewered area which shall be connected to the sewer system a connection
charge in the amount of $1,050 for each connection so made; provided,
however, that a discount of $50 shall be allowed for any owner of
improved property who shall apply for a permit to connect to the sewer
system within 90 days of notice that sewer service is available to
the improved property of such owner.
[Amended 12-20-2007 by Ord. No. 07-08[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2008.
D.
Any owner of a property for which capacity in the sewer system has
been reserved pursuant to an agreement with the Township and for which
the reservation charges have been paid pursuant to the agreement shall
not be required to pay the connection charge imposed by this section.
Likewise, any owner of property who has reserved capacity pursuant
to West Manchester Township Ordinance No. 76-4[2] shall not be required to pay the connection charge imposed
by this section.
E.
Properties for which no lateral is provided. The owner of each property for which no lateral is provided at the time of the installation of the sewer and who, thereafter, shall be required to connect or shall voluntarily connect to a sewer of the sewer system having a diameter of eight inches or greater shall pay the actual cost to the Township of constructing the lateral, and such charge shall be due and payable in accordance with the provisions of the Subsection A, subject to adjustment upon completion of the work. The Township may require the construction of the lateral to be performed by a bonded contractor or the Township.
[Amended 9-27-1984 by Ord. No. 84-7; 11-14-1991 by Ord. No. 91-09]
A.
Sewer rentals and charges are hereby imposed upon and shall be collected
from the owner of each sewer rental unit which shall be connected
to the sewer system, for use of the sewer system, whether such use
shall be direct or indirect, and shall be computed and shall be payable
as provided herein.
B.
Rate schedule.
[Amended 2-11-1993 by Ord. No. 93-02; 1-11-1996 by Ord. No. 96-02; 1-22-2004 by Ord. No. 04-03[1]; 12-20-2007 by Ord. No. 07-08]
(1)
Except as hereinafter provided, both residential and nonresidential
units shall pay quarterly sewer rents and charges to the Township
in accordance with the following rate schedule:
|
Type of Unit or Charge
|
Unit Charge
|
Quarter Annum Minimum Charge Per Unit
| |
|---|---|---|---|
|
Residential unit flat rate
|
$128 each quarter annum
|
N/A
| |
|
Nonresidential unit flat rate
|
$140 each quarter annum
|
$140 for water usage up to 31,800 gallons per quarter
| |
|
Nonresidential metered rate
|
$140 each quarter annum, plus $4.40 per 1,000 gallons of water
for each 1,000 gallons of water or portion thereof used in excess
of 31,800 gallons per quarter
|
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2008.
C.
D.
All nonresidential sewer rental units constructed after the date
of this article and served by either a public water supply or a private
water supply shall be equipped with water meters installed and maintained
by the property owner.
[Amended 2-11-1993 by Ord. No. 93-02; 12-20-2007 by Ord. No. 07-08]
A.
Volume measurement. The volume of water to be used for billing sewer
rentals to all nonresidential sewer rental units shall include any
and all water purchased from the West Manchester Township Authority
or any other private or public water company and, in addition, all
water obtained from any other source or sources (wells, springs, streams,
etc.) as determined by:
[Amended 12-20-2007 by Ord. No. 07-08]
B.
Excluded water.
(1)
Exclusion from the sewer system and treatment plant of noncontaminated
wastewaters may be required by the Township, or such exclusion may
be optional with the property owner if not required by the Township.
When such wastewaters are not discharged to the sewer system, sewer
rentals shall be based upon total water consumption, less wastewaters
not discharged to the sewer system.
(2)
Wastewaters not discharged to the sewer system may be determined
from meters installed and maintained by the owner, or the owner may
elect to measure the volume of waste actually discharged to the sewer
system as provided for below.
C.
Sewer meters. The Township may require an industrial establishment
or the industrial establishment may elect to install, pay for and
maintain a meter approved by the Township for measuring wastewaters
discharged to the sewer system, in which case sewer rentals shall
be based upon the actual volume of wastes discharged to the sewer
system. Any premises used wholly or in part for the manufacturing,
processing, cleaning, laundering or assembly of any product, commodity
or article or any other premises from which process wastes as distinct
from domestic sewage are discharged therefrom shall be classified
as an industrial establishment for sewer rental purposes.
D.
Strength surcharge.
(2)
The strength of combined waste used for establishing surcharges shall
be determined at intervals deemed advisable by the Township or as
may be requested by the industrial establishment. Combined waste strengths
may be determined by:
(a)
Sampling and analysis over a three-day period, during which
time the strength of the combined discharge or production is at a
maximum; or
(b)
Relating production and combined waste strengths at the time
of sampling to waste strengths at maximum production if sampling is
not performed at maximum production.
(3)
The collection and analysis of waste samples for determining applicable
surcharges shall be supervised by a registered professional engineer
approved by the Township. All costs for waste sampling and analysis
shall be paid by the industrial establishment, and the amount thereof
shall be added to the regular semiannual bill of such industrial establishment
the analysis of all waste samples collected to determine applicable
surcharges shall be made by a laboratory approved by the Township
in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, as published by the American
Public Health Association.
E.
Inspected facilities. When directed by the Township, industrial establishments
shall install, pay for and maintain a manhole or other device as may
be approved by the Township to facilitate observation, measurement
and sampling of wastes discharged to the sewer system and treatment
plant. The Township or its duly authorized representatives shall at
all reasonable times be permitted to enter upon any and all properties
for the purpose of inspecting all metering devices and of observing,
measuring and sampling wastes discharged to the sewer system and treatment
plant. Any industrial establishment that desires to connect with the
sewer system or which is connected to the sewer system and plans to
change its operations so as to materially alter the characteristics
and volumes of wastes discharged therefrom shall notify the Township,
in writing, at least 30 days before making such connection or changing
its operations.
[Amended 11-14-1991 by Ord. No. 91-09]
F.
Installation and maintenance of meters. If the owner of any industrial
establishment shall be required, pursuant to the foregoing provisions,
to install a water meter or meters or a meter or meters for measuring
wastewaters, it shall be the duty of such owner to furnish and install
such meter at his own expense, and in such case, and also if such
owner shall have voluntarily installed such meter or meters, such
owner shall be required to maintain the same in good operating condition
and make all necessary repairs and replacements. If the owner, being
obligated so to do, shall fail to furnish or install such meter or
meters or shall fail to maintain the same as above provided, then
in any such case, after 10 days' written notice by the Township to
perform such obligation, the Township may enter onto such property
at all reasonable times and install such meter or meters or repair
and maintain the same, as the case may be, and charge the cost of
such installation or repair to such owner. Bills for such installation
or repairs, if made by the Township, shall be due and payable immediately
upon completion of the work and then shall be collected in the same
manner as quarter annum bills for sewer rentals and charges.
G.
Amendments and modifications. Additional classifications and sewer
rentals or modifications of the above schedule of rentals may be established
or made by the Township from time to time as deemed necessary.
[Amended 12-23-1974 by Ord. No. 74-11]
A.
Sewer rentals for all sewer rental units shall be billed each quarter
annum on the first day of each January, April, July and October commencing
on the first next-succeeding date upon which waste is first discharged
into the sewer system and shall be due and payable immediately. Each
billing shall be for sewer service furnished during the quarter annum
or fractional part thereof preceding the billing.
B.
If the full amount of such bill shall not be paid within 30 days
from the date of billing, 10% of the face amount of the bill shall
be added thereto, which, together with the face amount of the bill,
shall become the gross amount thereof. Any bill which remains unpaid
after 60 days from the date thereof shall also bear interest thereafter
at the rate of 1/2% per month or fraction thereof on the gross amount
thereof until paid.
C.
Failure of any owner to receive quarterly bills for sewer rentals and charges due to the failure of such owner to notify the Township of his correct address, or failure of any owner to receive a correct bill for sewer rentals and charges by reason of the failure of such owner to notify the Township of the use or uses of which an improved property or any portion thereof is made, pursuant to the notice requirements of § 109-20, shall not excuse nonpayment or failure to pay the amount which would be properly applicable to the use or uses of which said improved property is made and shall not result in an extension of the period of time during which the net bill shall be payable.
Whenever sewer service to any sewer rental unit begins after
the first day or terminates before the last day of any quarterly period,
the sewer rentals for such sewer rental unit for such quarterly period
shall be for that portion of the quarterly period during which the
sewer rental unit is served. However, in making such apportionment,
a fraction of a month amounting to 1/2 or more of a month shall be
counted a full month, and a fraction of a month amounting to less
than 1/2 of a month shall be disregarded.
Delinquent bills for sewer rentals, together with all charges,
expenses and fees added thereto, shall, in the manner provided by
law, become a lien upon the property served and shall be collectible
by the Township by an action in assumpsit against the owner of such
property or be enforced against such property by the filing of a municipal
lien.
[Amended 11-14-1991 by Ord. No. 91-09; 1-14-1999 by Ord. No. 99-02]
A.
The economy and desirability of the combined treatment of industrial
waste and domestic sewage is recognized. However, not all types and
quantities of industrial waste can be so treated. Hence it shall be
the established policy of Dover Township to admit those types and
quantities of industrial wastes that are not harmful or damaging to
the structures, processes or operation of the POTW or are not specifically
prohibited by this chapter. It is also recognized that to provide
this service, additional facilities are required, the cost of which
shall be borne by those persons receiving benefits. Additionally Dover
Township and users shall abide by federal pretreatment regulations.
B.
Approval required for industrial wastes. In order to control the
admission of industrial wastes, the discharge into the POTW of any
industrial waste having a BOD greater than 300 mg/l; or a suspended
solids concentration greater than 350 mg/l; or an average daily flow
greater than 25,000 gallons per day; or any toxic pollutants as defined
pursuant to Section 307 of the Federal Water Pollution Control Act,
33 U.S.C. § 1251 et seq. or any hazardous wastes as defined
pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. § 6901
et seq.; or any wastes which are considered by the Pretreatment Coordinator
to offer possibilities of harm to structures, processes or operations
of the POTW or to have significant impact, either singly or in combination
with other wastes, on the treatment process, the quality of sludge,
the system's effluent quality or air emissions generated by the system;
shall be prohibited unless an industrial waste permit is obtained
in the manner hereinafter described. Such permit shall be granted
by Dover Township upon the review and approval of the Pretreatment
Coordinator. Dover Township may deny any application for an industrial
waste permit.
C.
Survey data required. All users shall, upon the request of the Pretreatment
Coordinator, fill in and file with the Pretreatment Coordinator a
questionnaire which furnishes pertinent information inclusive of quantity
of flow and analysis of industrial wastes discharged. Any person desiring
to make a new connection or a significant change in the quality of
an existing connection to the POTW for the purpose of discharging
industrial waste shall fill in and file with the Pretreatment Coordinator
a questionnaire which furnishes pertinent information inclusive of
predicted quantity of flow and wastewater characteristics.
D.
Industrial waste permits.
(1)
Any person required to obtain approval for wastes as described under Subsection B or who is or would be a significant industrial user is required to obtain an industrial waste permit.
(2)
In order to receive an industrial waste permit a written application
shall be filed with the Pretreatment Coordinator in a form prescribed.
Any person discharging industrial waste into the POTW at the time
of passage of this chapter and requiring a permit shall apply within
90 days after the effective date of this chapter. All such persons
are considered to have a valid permit until such time as Dover Township
shall act on the permit application.
(3)
Prior to the issuance or renewal of an industrial waste permit, the
applicant shall pay to Dover Township the nonrefundable sum of $50.
(4)
No permit shall be granted to any person unless he agrees to indemnify
and to save West Manchester Township, Dover Township, their officers,
employees and agents harmless from any and all claims, costs, damages
and liabilities which may accrue or be claimed to accrue by reason
of the permitted waste disposal activity.
(5)
Permit holders shall comply with the conditions of the permit, and
failure to do so constitutes a violation of this chapter.
(6)
A permit holder shall notify the Pretreatment Coordinator of any
planned significant changes to its operations which might alter the
nature, quality or volume of its industrial waste at least 30 days
before the change. In response to such a notice, the Pretreatment
Coordinator may modify the permit or require application for a new
permit. For purposes of this requirement, significant changes include,
but are not limited to, flow increases of 20% or greater and the discharge
of any previously unreported pollutants.
(7)
A permit may be suspended or revoked in whole or in part by the Pretreatment
Coordinator for cause, including but not limited to:
(a)
Violation of any terms or conditions of the permit, federal
or state pretreatment requirements or this chapter.
(b)
Obtaining the permit by misrepresentation or failure to disclose
rally all relevant facts.
(c)
A change in any condition, including but not limited to changes
in state or federal regulations or changes in the POTW that require
either a temporary or permanent reduction or elimination of the permitted
discharge.
(d)
Knowingly making any false statement, representation or certification
in any record or other document submitted or required by the permit.
(e)
Tampering with or knowingly rendering inaccurate any monitoring
device or method required to be maintained under the permit or used
by Dover Township to monitor the discharge.
(8)
Permit conditions. Industrial waste permits shall be expressly subject
to all provisions of this chapter and all other applicable state,
federal and local regulations, user charges and fees. Where federal
or state pretreatment regulations impose additional requirements or
more stringent requirements than those stated in the industrial waste
permit, these requirements and limits become part of the permit whether
or not they are stated in the permit. Obtaining an industrial waste
permit does not relieve a permit holder of the obligation to comply
with all federal and state pretreatment standards or requirements
or with any other requirements of federal, state and local law.
(a)
Permits shall contain the following:
[1]
The term of the permit.
[2]
A statement that the wastewater discharge permit is nontransferable without prior notification to Dover Township in accordance with Subsection D(11) of this section.
[3]
Effluent limits based on applicable pretreatment standards.
[4]
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements.
[5]
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law.
(b)
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
[1]
Limits on the average and/or maximum rate of discharge, time
of discharge and/or requirements for flow regulation and equalization.
[2]
Requirements for the installation of pretreatment technology,
pollution control or construction of appropriate containment devices,
designed to reduce, eliminate or prevent the introduction of pollutants
into the treatment works.
[3]
Requirements for the development and implementation of spill
control plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges.
[4]
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
[5]
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
[6]
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
[7]
Other conditions as deemed appropriate by the Pretreatment Coordinator
to ensure compliance with this chapter, and state and federal laws,
rules and regulations.
(9)
Permit duration. An industrial waste permit shall be issued for a
specified time period not to exceed five years. A permit holder shall
apply for permit reissuance a minimum of 120 days prior to the expiration
of the existing permit if he desires to avoid lapses in the permit.
(10)
Change in conditions. The terms and conditions of a permit may
be subject to modification by Dover Township during the term of the
permit should changes in federal or state pretreatment regulations
occur or other just cause exist. The permit holder shall be informed
of any proposed changes in his permit at least 30 days prior to the
effective date of the change. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
(11)
Permit transfer.
(a)
Industrial waste permits may be transferred to a new owner or
user only if the permittee gives at least 30 days' advance notice
to the Pretreatment Coordinator and the Pretreatment Coordinator approves
the wastewater discharge permit transfer. The notice must include
a written certification by the new owner or user which:
(b)
Failure to provide advance notice of a transfer renders the
industrial waste permit void as of the date of facility transfer.
(12)
Certification of reports. All industrial waste permit applications
and user reports must be signed by an authorized representative of
the user and contain the following certification statement:
|
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
|
E.
Reporting, sampling and testing. The holder of an industrial waste
permit shall furnish the Pretreatment Coordinator with written and
signed reports of sample testing at a frequency specified in the industrial
waste permit. Samples shall be collected, preserved and analyzed promptly,
in accordance to 40 CFR 136, users shall also furnish other reports
as required by federal or state pretreatment regulations.
F.
Control manhole. Any person discharging industrial waste into the
POTW shall construct and maintain at his expense a suitable control
manhole or manholes downstream from any treatment works to facilitate
observation, measurement and sampling of all wastes from the facilities.
The control manhole or manholes shall be located and built in a manner
approved by the Pretreatment Coordinator. The control manhole shall
be accessible to the Pretreatment Coordinator or his representatives
at all times. Failure of a user to provide such access is a violation
of this chapter.
G.
Slug loading. A user shall notify the Pretreatment Coordinator immediately
of any planned or unplanned discharge of waste of a strength or character
unusual for that user or in violation of an industrial waste permit.
A written follow-up report thereof shall be filed by the user within
five days. The report shall specify:
(1)
Description of the discharge, the cause thereof and the impact on
the user's compliance status.
(2)
Duration of noncompliance, including exact dates and times, and,
if noncompliance continues, the time by which compliance is reasonably
expected to occur.
(3)
All steps taken or to be taken to reduce, eliminate and prevent recurrence
of the discharge.
H.
Inspections. The Pretreatment Coordinator and other duly authorized
agents of the Pretreatment Coordinator bearing proper credentials
and identification shall be permitted to enter upon all properties
for the purposes of inspection, observation, measurement, sampling
and testing and to examine and copy records of operation required
by Dover Township, federal, or state agencies in accordance with the
provisions of this chapter.
I.
Enforcement response. Enforcement actions taken by Dover Township
shall be consistent with an enforcement response plan maintained by
the Pretreatment Coordinator.
J.
Notice of violation. Whenever Dover Township finds that any user
has violated any provision of this chapter, an industrial waste permit
or a compliance order, the Pretreatment Coordinator may serve or cause
to be served upon such person a written notice, either personally
or by certified or registered mail, return receipt requested, stating
the nature of the alleged violation. Within 30 days of the date of
receipt of the notice, the user shall submit an explanation of the
violation and a plan for the correction and prevention of violations
of this chapter.
K.
Administrative fines (civil penalties).
(1)
Notwithstanding any other section of this chapter, any user or waste
hauler who is found to have violated any provision of this chapter
or an industrial waste permit or a waste hauler license shall be fined
in an amount not to exceed $25,000 per violation. Each day on which
noncompliance shall occur or continue shall be deemed a separate and
distinct violation. All fine money shall be made payable to the Dover
Township Sewer Fund and shall be added to the next scheduled sewer
bill.
(2)
Persons who desire to dispute such fines must file a request before
Dover Township to reconsider the fine within 10 working days of being
notified of the fine. Where Dover Township believes the request has
merit, it shall convene a hearing on the matter within 15 working
days of receiving the request.
(3)
Dover Township shall include with any notice of an assessment of
a civil penalty a notice of the appeals process to be followed, including
the name, address and telephone number of the person responsible for
accepting such appeal.
(4)
Dover Township shall include as part of its pretreatment program
procedures a civil penalty assessment policy and shall provide notice
of this policy in each industrial waste permit.
(5)
Civil penalties collected pursuant to this chapter shall be placed
in the Dover Township Sewer Fund and shall be used for the repair
of damage and any additional maintenance needed or any additional
costs imposed as a result of the violation for which the penalty was
imposed, to pay any penalties imposed on the POTW by the federal or
state government for violation of pretreatment standards, for the
costs incurred by the POTW to investigate and take the enforcement
action that resulted in a penalty being imposed, for the monitoring
of discharges in the pretreatment program and for capital improvements
to the treatment works, including sewage collection lines, which may
be required by the pretreatment program. Any remaining funds may be
used for capital improvements to the treatment works, including collection
lines.
L.
Administrative and consent orders. When the Pretreatment Coordinator
finds that a user has violated any provision of this chapter, the
Pretreatment Coordinator may issue an order to the user responsible
for the discharge directing that the user come into compliance within
a specified time. If the user does not come into compliance, sewer
service may be discontinued. Administrative orders may also contain
other requirements to address the noncompliance, such as management
practices and additional self-monitoring. Dover Township may also
enter into consent orders, assurances of voluntary compliance or other
similar documents establishing an agreement with any user responsible
for noncompliance. Such documents shall include specific action to
be taken by the user to correct the noncompliance within a time period
specified by the document. Such documents shall be judicially enforceable.
Such orders or agreements may not extend a deadline for compliance
established by a federal or state pretreatment standard, nor do they
relieve a user of liability for any violation(s).
M.
Suspension and termination of service.
(1)
Emergency suspension of service. Dover Township may for good cause
suspend the wastewater treatment service to any user when it appears
to Dover Township that an actual or threatened discharge presents
or may present an imminent or substantial danger to the health or
welfare of persons or to the environment, interferes with the operation
of the POTW or violates any pretreatment limits imposed by this chapter.
Continued discharge by a user after receipt of an order to cease a
discharge to the POTW is a violation of this chapter. If a user shall
fail to comply with a suspension order, Dover Township may commence
judicial proceedings to compel compliance.
(2)
Revocation of treatment services. In addition to the provisions of Subsection M(1) hereof, a user who violates the following conditions is subject to discharge termination:
(a)
Violation of the conditions of this chapter or any order entered
with respect thereto;
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)
Failure to report significant changes in wastewater constituents
and characteristics; or
(d)
Failure to permit reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling.
(3)
Judicial proceedings. Whenever a user has violated the provisions
of this chapter, Dover Township 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.
Following the entry of any order by Dover Township with respect to
violations of this chapter, Dover Township may commence an action
for legal and/or equitable relief in any appropriate court.
(4)
Show cause hearing. The Pretreatment Coordinator may order a user
which has violated any provision of this chapter to appear before
the Pretreatment Coordinator to show cause why a proposed enforcement
action, including termination of services, should not be taken. Notice
of the meeting shall be served personally or by registered mail, return
receipt requested, at least seven days prior to the hearing. A show
cause hearing shall not be a bar against, or prerequisite for, taking
any other action against a user.
N.
Criminal penalties. With or without notice, any person who shall
violate the provisions of this chapter, an industrial waste permit,
a waste hauler license or order shall, upon conviction thereof by
a District Justice, be sentenced to pay a fine of not more than $1,000,
plus the cost of prosecution in a summary proceeding. Each day of
continued violation of any provision of this chapter shall constitute
a separate offense. All fine money assessed through suit or summary
proceedings before any District Justice, pursuant to this section,
shall be transferred to the Dover Township Sewer Fund.
O.
Fees and surcharges for wastes.
(1)
Surcharges. Certain wastes may increase the cost of operating the
POTW. Therefore, there shall be imposed upon each user discharging
such waste a surcharge, or surcharges, to cover such additional costs.
The surcharges shall be in addition to the regular sewage charges
and shall be payable as herein provided.
(2)
Determination of surcharges. The strength of any waste, discharge
of which is to be subject to surcharge, shall be determined quarterly
or more frequently as Dover Township shall determine, based upon sampling
and analysis by Dover Township or its designees. However, Dover Township
may, if it so elects, determine the strength of the sewage based upon
the results of routine sampling and analysis by the producer of such
sewage or the results of analysis from previous quarters or the results
of analysis of sewage from similar customers.
(3)
Calculation of surcharges.
(a)
Surcharges shall be made for all sewage or waste discharged
into the POTW by nonresidential users that have concentrations for
certain parameters in excess of certain concentration limits as listed
below:
|
Parameters
|
Concentration Limits
(mg/l)
| |
|---|---|---|
|
Ammonia (as nitrogen)
|
15
| |
|
BOD
|
300
| |
|
Phosphate
|
10
| |
|
Suspended solids
|
350
|
(b)
Surcharges for each parameter in excess of its concentration
limit shall be calculated using the formula below:
|
Surcharge = 0.00000834 x Q x (Concentration – Concentration
Limit) x K
|
|
Where:
| ||||
|---|---|---|---|---|
|
Q
|
=
|
Volume in gallons
| ||
|
K
|
=
|
Cost factor for parameter
| ||
(c)
Cost factors shall be set through a resolution set by the Board
of Supervisors based on costs, toxicity and impact on sludge disposal.
P.
Sampling fees and schedules for users requiring an industrial waste
permit shall be assessed a fee for service charge for sampling scheduled
in the permit and for unscheduled compliance sampling to be performed
by Dover Township. The charge to each user for each sampling shall
be set through a resolution by the Board of Supervisors.
Q.
Waste hauler licenses.
(1)
The economy and desirability of the combined treatment of septage
and holding tank wastes is recognized. In general septage, holding
tank waste and trucked industrial and commercial wastes may be discharged
to the POTW, except those that are deemed harmful to the system or
are specifically prohibited by this chapter. The acceptance of trucked
wastes is based solely on the ability of the POTW to assimilate those
wastes without potential for interference and pass-through. If and
when Dover Township determines that the acceptance of any trucked
waste has a potential to cause interference and pass-through, Dover
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.
(2)
All persons desiring to transport and discharge waste to the POTW
through use of a truck or means of conveyance other than a sewer shall
first make application with Dover Township for a waste hauler license
on a form approved by Dover Township. No trucked waste shall be discharged
to any discharge point in the POTW except those specifically designated
by Dover Township and at a time approved by Dover Township.
(3)
Waste hauler licenses shall be issued for a specific time period
not to exceed one year and shall contain limits considered appropriate
by the Pretreatment Coordinator. Licenses shall not be assigned or
transferred or sold without approval of Dover Township. Any succeeding
owner shall comply with the terms and conditions of the existing license.
(4)
All waste generators proposing to dispose of trucked industrial wastes
at the POTW shall make application for an industrial waste permit
on a form approved by Dover Township. After evaluation and acceptance
of the data furnished as a complete application, Dover Township may
at its sole discretion either refuse to issue or may issue an industrial
waste permit to the waste generator subject to terms and conditions
provided herein. No permit shall be issued for trucked industrial
waste that is a hazardous waste. Dover Township may require that the
waste generator enter into a contract for the disposal of trucked
industrial waste.
(5)
Any waste hauler who violates any provision of this chapter or of
their waste hauler license or of any additional requirements set by
Dover Township may be subject to immediate license revocation. In
addition, Dover Township may immediately and without notice revoke
any waste hauler license if Dover Township determines that the acceptance
of the waste is detrimental to the operation of the POTW.
R.
Hazardous wastes.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Subsection D(8) of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this chapter.
(2)
Dischargers are exempt from the requirements of Subsection R(1), above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Pretreatment
Coordinator, the EPA Regional Waste Management Waste Division Director
and state hazardous waste authorities of the discharge of such substance
within 90 days of the effective date of such regulations.
(4)
In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this chapter, a permit
issued thereunder or any applicable federal or state law.
S.
Confidential information. Information and data on a user obtained
from reports, surveys, wastewater discharge permit applications, wastewater
discharge permits and monitoring programs and from Dover Township's
inspection and sampling activities shall be available to the public
without restriction, unless the user specifically requests and is
able to demonstrate to the satisfaction of the Pretreatment Coordinator
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other "effluent data" as defined by 40 CFR 2.302 will not be recognized
as confidential information and will be available to the public without
restriction.
T.
Publication of users in significant noncompliance. Dover Township
shall publish annually, in the largest daily newspaper published in
the municipality, a list of the users which, during the previous 12
months, were in significant noncompliance with applicable pretreatment
standards and requirements. The term "significant noncompliance" shall
mean:
(1)
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
(2)
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2
for all other pollutants except pH);
(3)
Any other discharge violation that the Pretreatment Coordinator believes
has caused, alone or in combination with other discharges, interference
or pass-through, including endangering the health of POTW personnel
or the general public;
(4)
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment or has resulted in the Pretreatment
Coordinator's exercise of its emergency authority to halt or prevent
such a discharge;
(5)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction or attaining
final compliance;
(6)
Failure to provide within 30 days after the due date any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation(s) which the Pretreatment Coordinator determines
will adversely affect the operation or implementation of the local
pretreatment program.
U.
National categorical pretreatment standards. The national pretreatment
standards and categorical pretreatment standards found at 40 CFR Chapter
I, Subchapter N, Parts 403 through 471, are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Pretreatment Coordinator may impose equivalent concentration or
mass limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Pretreatment
Coordinator shall impose an alternate limit using the combined waste
stream formula in 40 CFR 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
V.
Dilution. No user shall ever increase the use of process water, or
in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The Pretreatment Coordinator may impose mass
limitations on users who are using dilution to meet applicable pretreatment
standards or requirements, or in other cases when the imposition of
mass limitations is appropriate.
W.
Reporting requirements.
(1)
Baseline monitoring reports.
(a)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Pretreatment Coordinator a report which contains the information listed in Subsection W(2), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to Pretreatment Coordinator a report which contains the information listed in Subsection W(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b)
Users described above shall submit the information set forth
below.
[1]
Identifying information. The name and address of the facility,
including the name of the operator and owner.
[2]
Environmental permits. A list of any environmental control 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 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 streams 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.
[a]
The categorical pretreatment standards applicable
to each regulated process.
[b]
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Pretreatment Coordinator, 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 Subsection E of this section.
[6]
Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
[7]
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Subsection W(3) of this section.
(2)
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection W(1)(b)[7] of this section:
(a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction and beginning and conducting routine operation);
(b)
No increment referred to above shall exceed nine months;
(c)
The user shall submit a progress report to the Pretreatment
Coordinator no later than 14 days following each date in the schedule
and the final date of compliance, including, as a minimum, whether
or not it complied with the increment of progress, the reason for
any delay and, if appropriate, the steps being taken by the user to
return to the established schedule; and
(d)
In no event shall more than nine months elapse between such
progress reports to the Pretreatment Coordinator.
(3)
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Pretreatment Coordinator a report containing the information described in Subsection W(1)(b)[4] through [6] of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Subsection D(12) of this section.
(4)
Periodic compliance reports.
(a)
All significant industrial users shall, at a frequency determined by the Pretreatment Coordinator but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Subsection D(12) of this section.
(b)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(5)
Reports of potential problems.
(a)
In the case of any discharge including, but not limited to accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
Pretreatment Coordinator of the incident. This notification shall
include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user.
(b)
Within five days following such discharge, the user shall, unless
waived by the Pretreatment Coordinator, submit a detailed written
report describing the cause(s) of the discharge and the measures to
be taken by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW, natural resources
or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties or other liability which
may be imposed pursuant to this chapter.
(c)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection W(5)(a), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(6)
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Pretreatment Coordinator as the Pretreatment Coordinator may require.
(7)
Notice of violation/repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the Pretreatment
Coordinator 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 Coordinator within 30 days
after becoming aware of the violation. The user is not required to
resample if Dover Township monitors at the user's facility at least
once a month or if Dover Township samples between the user's initial
sampling and when the user receives the results of this sampling.
X.
Validity. Should any subsection or provision of this section be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this section as a whole, or of any
other part thereof.
Y.
Appointment of Pretreatment Coordinator. The Board of Supervisors
hereby appoints by lawful authority a Pretreatment Coordinator, who
shall be the agent or employee of Dover Township so designated and
appointed for that purpose by Dover Township. Such Pretreatment Coordinator
is hereby delegated by the Board of Supervisors of West Manchester
Township all lawful authority as may be required to compel compliance
with the provisions of this chapter.
[Amended 9-20-1976 by Ord. No. 76-3; 1-14-1999 by Ord. No. 99-02]
No person shall discharge or cause to be discharged any of the
following described pollutants, substances, materials or wastewater
into any sanitary sewer or drain connected therewith:
A.
Any pollutant(s), including oxygen-demanding pollutants at a flow
rate and/or concentration which, either singly or by interaction with
other pollutants, cause pass-through or interference.
B.
Any pollutants which create a fire or explosive hazard in the POTW,
including but not limited to waste streams with a closed-cup flashpoint
of less than 60° C. (140° F.) using the test methods specified
in 40 CFR 261.21 and amendments thereto.
C.
Wastewater having a pH less than 5.0 or more than 10.5 standard units
or having any corrosive property capable of causing damage or hazards
to structures, equipment or personnel of the POTW.
D.
Any garbage that is not ground, ashes, cinders, sand, mud, straw,
hay, metal, glass or any other solid or viscous materials in amounts
capable of causing obstruction to the flow in sewers or other interference
or containing solids greater than two centimeters in any dimension.
E.
Wastewater having a temperature which shall cause interference, but
in no case wastewater with a temperature upon reaching the treatment
plant which exceeds 40° C. (104° F.) or upon reaching the
public sewer which exceeds 65° C. (149° F.).
F.
Wastewater containing more than 100 mg/l of oil and grease if the
oil and grease is of unknown or petroleum origin. Wastewater containing
more than 200 mg/l of oil and grease if the oil and grease is determined
by Dover Township to be of animal or vegetable origin.
G.
Pollutants which result in the presence of toxic gases, vapors or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems.
H.
Trucked or hauled pollutants, except at discharge points designated,
in writing, by Dover Township.
I.
Any wastewater containing pollutants of such character and quantity that unusual attention or expense is required to handle such materials at the treatment plant without a permit obtained in accordance with § 109-13.
J.
Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state and federal regulations. Biomedical
waste disposal in accordance with 10 CFR 20 is permitted.
K.
Any wastewater by any user having an average daily discharge to the
POTW of more than 5,000 gallons per day containing more than 3,000
mg/l of BOD.
L.
Noxious or malodorous liquids, gases, solids or other wastewater
which, whether singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life or to prevent entry
into the sewers for maintenance or repair.
M.
Wastes prohibited by state or national law or regulation including
the general pretreatment standards (40 CFR 403) and categorical pretreatment
standards.
N.
Any wastewater containing any substances in concentrations in excess
of the following daily maximum and instantaneous limits:
|
Substances
|
Daily Composite Sample
(mg/l)
|
Grab Sample
(mg/l)
| |
|---|---|---|---|
|
Arsenic
|
0.2
|
0.6
| |
|
Cadmium
|
0.1
|
0.3
| |
|
Chromium
|
4.0
|
12.0
| |
|
Hexavalent chromium
|
0.5
|
1.5
| |
|
Copper
|
0.5
|
1.5
| |
|
Cyanide, total
|
1.5
|
4.5
| |
|
Cyanide, free
|
0.2
|
0.6
| |
|
Lead
|
0.5
|
1.5
| |
|
Mercury
|
0.001
|
0.003
| |
|
Molybdenum
|
0.5
|
1.5
| |
|
Nickel
|
2.0
|
6.0
| |
|
Phenolic compounds
|
1.0
|
3.0
| |
|
Silver
|
1.0
|
3.0
| |
|
Zinc
|
2.0
|
6.0
|
O.
Pollutants, substances or wastewater prohibited by this section shall
not be processed or stored in such a manner that they could be discharged
to the POTW.
[Amended 12-20-2007 by Ord. No. 07-08]
In cases where a builder or developer desires to install sewers,
laterals and building sewers to every residential unit and/or lot
within a residential development prior to their individual sale, he
shall meet all conditions as set forth in this section and in other
sections of these rates, rules and regulations. Plot plans for such
a development must be submitted to the Township, which must include
a provision for a maintenance bond protecting the Township and the
Authority against defects for two years subsequent to completion in
an amount not less than 20% of the cost of installation and must also
include a covenant to convey to the Authority the sewers so constructed,
other than building sewers, when said sewers are connected to the
sewer system. Said plans must be approved by the Township and the
Authority prior to any construction. Sewer plans conforming to all
original specifications established by the Township, as to type of
pipe, location of mains, size of pipe, grades, methods of laying pipe
and the type and construction of all necessary appurtenances, must
be prepared, approved by the Township and the Authority, and approval
must be obtained from the necessary state agencies. The engineering
fees and charges for permits will be paid by the builder or developer.
In no case will lesser standards than exist in the sewer system presently
to be constructed and as outlined in these rates, rules and regulations
be permitted for any future extensions. Upon approval of such plans
by the Township and the Authority, the extensions may be constructed
by and at the expense of the builder or developer but only under the
inspection of an inspector designated by the Township. The cost of
such inspection, including salaries and expenses, shall be borne by
the builder or developer making the extensions.
[Amended 12-18-2014 by Ord. No. 14-05]
A.
The Township shall have the right of access at reasonable times to
any part of any improvement property served by the sewer system as
shall be required for purposes of inspection, measurement, sampling
and testing and for performance of other functions relating to service
rendered by the Township through the sewer system.
B.
In the event that an owner of improved property does not consent to the Township's right of access for an inspection under Subsection A above, then the following shall apply:
C.
The Township shall impose a surcharge on properties with improper connections to the system, or for failure to provide to the Township the proper certification that there are no improper connections. The surcharge shall be imposed upon properties when inspection uncovers improper connections, including sump pumps, downspouts, floor drains, foundation drains, or other sources of storm- or groundwater, or the surcharge shall be imposed for failure to provide the proper certification that there are no improper connections. Such surcharge shall continue until the improper connection is certified as permanently corrected by either the Township or a licensed plumber under Subsection B(2) above, or until the proper certification is provided that there are no improper connections to the sanitary sewer system.
D.
The surcharge shall consist of a fraction of the sewer rental fee
for each quarter in which the improper connection exists. The surcharge
shall be in an amount as established from time to time by resolution
of the Board of Supervisors.
The Township reserves the right to amend these rates, rules
and regulations or to adopt additional rates, rules and regulations
from time to time as it shall deem necessary and proper in connection
with the use and operation of the sewer system or as may be required
to meet necessary costs and expenses.
No officer or employee of the Township is authorized to vary
these rules without action by the Board of Township Supervisors.
The Township shall not be liable for a deficiency or failure
of service when occasioned by an emergency, required repairs or failure
from any cause beyond control. The Township reserves the right to
restrict the use of sewer service whenever the public welfare may
require it.
Each owner must give the Township written notice of his address,
any change of address, any change of ownership and the use or uses
of any improved property or any part thereof or any change in such
use or uses.
[Added 9-30-1976 by Ord. No. 76-3]
The Township shall have the right to petition the Court of Common
Pleas of York County, sitting in equity, for injunctive relief against
any owner who violates any provision of this article or any amendment
thereto.
[Added 9-30-1976 by Ord. No. 76-3; amended 11-14-1991 by Ord. No.
91-09; 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who shall violate any of the provisions of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this article. The
amount of the fine imposed for the violation of this article shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this article and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this article. If the person violating
this article fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this article, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.
