[Ord. 08-626, 3/11/2008]
1.
This Part sets forth uniform requirements for direct and indirect
contributors into the wastewater collection system for West Norriton
Township, Montgomery County, Pennsylvania, and enables the Township
to comply with all applicable state and federal laws required by the
Clean Water Act of 1977 and the General Pretreatment Regulations (40
CFR, Part 403).
2.
The objectives of this Part are:
A.
To prevent the introduction of pollutants into the Township wastewater
system which will interfere with the operation of the Township or
Borough system or contaminate the resulting biosolids.
B.
To prevent the introduction of pollutants into the Township wastewater
system which will pass through the Township and Borough system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system.
C.
To improve the opportunity for recycling and reclamation of wastewaters
and biosolids from the Township and Borough system.
D.
To provide for equitable distribution of the cost of the Township
wastewater system.
3.
This Part provides for the regulation of direct and indirect contributors
to the Township wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for the other users, authorizes monitoring and enforcement of general
requirements for the other users, authorizes monitoring and enforcement
activities, requires user reporting, assumes that existing customer's
capacity will not be preempted, and provides for the setting of fees
for the equitable distribution of costs resulting from the program
established herein.
4.
This Part shall apply to the Township and to the persons outside
the Township who are, by contract or agreement with the Township,
users of the Township POTW. This Part shall supplement existing ordinances
and shall also act as a repealer for existing ordinances inconsistent
herewith.
[Ord. 08-626, 3/11/2008]
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this Part, shall have the meanings hereinafter
designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The director in an NPDES state with an approved state pretreatment
program and the Administrator of the United States Environmental Protection
Agency (EPA) in a non-NPDES state or NPDES state without an approved
state pretreatment program.
The Norristown Municipal Waste Authority, or the Board of
the Norristown Municipal Waste Authority.
[Added by Ord. 2016-701, 3/8/2016]
An authorized representative of an industrial user may be:
A principal executive officer of at least the level of vice
president if the industrial user is a corporation.
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively.
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C., expressed in terms of mass and concentration [milligrams
per liter (mg/l)].
[Amended by Ord. 2016-701, 3/8/2016]
The Borough of Norristown, Pennsylvania, or the Borough Council
of Norristown.
A sewer conveying wastewater from the premises of a user
to the POTW.
Standards promulgated by the EPA in accordance with Section
307(b) and (c) of the Act and which appear in 40 CFR, Chapter I, Subchapter
N, or 40 CFR, Parts 401-471.
A pollutant for which the Authority wastewater treatment
plant was specifically designed to treat and remove, such as biochemical
oxygen demand (BOD), total suspended solids (TSS), ammonia nitrogen
(NH3-N), total phosphorous (P), and to a lesser degree oil and grease.
[Amended by Ord. 2016-701, 3/8/2016]
Refers to the Township Manager or to the "approval authority,"
defined hereinabove, or the Authority.
[Amended by Ord. 2016-701, 3/8/2016]
The water discharged from any use such as air-conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
A plan developed by the Authority which details the course
of action which will be taken by the Township and/or the Authority
for various violations of this Part, a Categorical Pretreatment Standard
or any other applicable law. The ERP is a supplement to this Part
and is available through the Authority.
[Amended by Ord. 2016-701, 3/8/2016]
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
A sample which is taken from a waste stream on a one-time
basis over a period of time not to exceed 15 minutes with no regard
to the flow in the waste stream.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act (33
U.S.C. § 1317) into the POTW (including holding tank waste
discharged into the system).
Any nondomestic source of indirect discharge to the sewer
system.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the wastewater
collection and treatment system treatment processes, operations or
its biosolids processes, use or disposal, and, therefore, is a cause
of a violation of any requirement of the Authority treatment plant
NPDES permit, including an increase in duration of the violation.
The term includes prevention of biosolids use, biosolids processes
or disposal by the receiving treatment facility in accordance with
Section 405 of the Act (33 U.S.C. § 1345) or any criteria,
guidelines or regulations developed pursuant to the Solid Waste Disposal
Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or
more-stringent state criteria, including those contained in any state
biosolids management plan prepared pursuant to Title IV of the SWDA
applicable to the method of disposal or use employed by the receiving
treatment facility.
[Amended by Ord. 2016-701, 3/8/2016]
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1347) and which applies to a specific category
of industrial users.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
[Amended by Ord. 2016-701, 3/8/2016]
Any user of the Township's wastewater collection and treatment
system which commenced operation after the publication by the EPA
of proposed pretreatment standards which will be applicable to that
user after final EPA promulgation of such standards in accordance
with Section 307 of the Act, provided that:
The building, structure, facility or installation from which
the discharge originates is constructed at a site at which no other
source is located.
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source, as defined under this section,
has commenced if the owner or operator has:
Any placement, assembly or installation of facilities or equipment.
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities which is
necessary for the placement, assembly or installation of new source
facilities or equipment.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable period of time. Options to purchase or contracts
which can be terminated or modified without substantial loss and contracts
for feasibility, engineering and design studies do not constitute
a contractual obligation under this section.
A discharge which exits a POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine.
The singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage biosolid, 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.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
The reduction of the amount 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 a POTW. The reduction or alteration can be obtained
by physical or biological processes or process changes by other means,
except as prohibited by 40 CFR 403.6(d).
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the Township.
This definition includes any sewers that convey wastewater to the
Authority POTW treatment plant but does not include pipes, sewers
or other conveyances not connected to a facility providing treatment.
For the purposes of this Part, "POTW" shall also include any sewers
that convey wastewaters to the POTW from persons outside the Township
who are, by contract or agreement with the Township, users of the
POTW.
[Amended by Ord. 2016-701, 3/8/2016]
Is mandatory; MAY — Is permissive.
Any industrial/commercial user of the Township wastewater
disposal system who:
[Amended by Ord. 2016-701, 3/8/2016]
Is subject to categorical pretreatment standards.
Discharges an average of 25,000 gallons per day of process wastewater
to the collection and treatment system.
Contributes a process waste stream which makes up 5% or more
of the average dry-weather hydraulic or organic capacity of the Authority
treatment plant.
Is designated as such by the Township or Authority on the basis
that the user has a reasonable potential for adversely affecting the
operation of the sewer system or treatment plant, the quality of the
biosolids generated at the Authority's WWTP or for violating any pretreatment
standard or requirement.
An industrial user is in significant noncompliance if his
violations meet one or more of the following criteria:
[Amended by Ord. 2016-701, 3/8/2016]
Chronic violations of wastewater discharge limits, defined as
those in which 66% or more of all the measurements taken during a
six-month period exceed (by any magnitude) the daily maximum limit
or the average limit for the same pollutant parameter.
Technical review criteria (TRC) violations, defined as those
violations in which 33% or more of all of the measurements for each
pollutant parameter taken during a six-month period equal or exceed
the product of the daily average maximum limit or the average limit
times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease
and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the Township or the Authority
determines has caused, alone or in combination with other discharges,
an interference, pass-through or upset in the Township's sewer system
or the Authority's treatment plant (including endangering the health
of the Authority and/or Township personnel or the general public).
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the Township exercising its emergency authority under 40 CFR 403,
Paragraph (f)(1)(vi)(B), to halt or prevent such a discharge.
Failure to meet, within 90 days after the scheduled date, a
compliance schedule milestone contained in a local control mechanism
or enforcement action for starting construction, completing construction
or attaining final compliance.
Failure to accurately report incidents of noncompliance.
Any other violation or group of violations that the Township
and the Authority determine will adversely affect the overall implementation
of its industrial pretreatment program.
All significant industrial users are required to submit to
the Township and to the Authority a slug control plan which meets
the criteria set forth in 40 CFR 403.8.
[Amended by Ord. 2016-701, 3/8/2016]
Any intentional or accidental discharge at a flow rate or
concentration which could cause a violation of any pretreatment standard
set forth in this Part or in Section 403.5 of the General Pretreatment
Regulations.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Township to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this Part, or his duly authorized representative.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
The Township of West Norriton, Pennsylvania, or the Board
of Commissioners of West Norriton.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provisions of CWA 307(a) or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
The liquid and water-carried industrial or domestic waste
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater which
may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
As set forth in § 18-115 of this Part.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
[Ord. 08-626, 3/11/2008]
The following abbreviations shall have the designated meanings:
|
BOD
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
Environmental Protection Agency
|
|
l
|
Liter
|
|
mg
|
Milligrams
|
|
mg/l
|
Milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
POTW
|
Publicly owned treatment works
|
|
SIC
|
Standard Industrial Classification
|
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
|
|
TSS
|
Total suspended solids
|
|
USC
|
United States Code
|
[Ord. 08-626, 3/11/2008; as amended by Ord.
2016-701, 3/8/2016]
1.
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the POTW of the Authority or the Township.
These general prohibitions apply to all such users of the Township
POTW, whether or not the user is subject to National Categorical Pretreatment
Standards or requirements. A user may not contribute the following
substances to any POTW:
A.
Any liquids, solids or gases which, by reason of their nature or
quantity, are or may be sufficient, either alone or by interaction
with other substances, to cause fire or explosion or be injurious
in any other way to the POTW or to the operation of the POTW. At no
time shall two successive readings on an explosion hazard meter at
the point of discharge into the system (or at any point in the system)
be more than 5% nor any single rating over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides and any other substance
which the Authority, the Township, the state or the EPA has notified
the user is a fire hazard or a hazard to the system, including any
material or waste stream exhibiting a closed-cup flash point of less
than 140°.
B.
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities, such as but not limited to grease, garbage with
particles greater than 1/2 inch in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass clippings, rags, spent grains,
spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues,
residues from refining or processing of fuel or lubricating oil, mud
or glass grinding or polishing wastes, petroleum oil, non-biodegradable
cutting oil or mineral oil products which will interfere with or cause
pass-through in the sewer system or the Authority's POTW.
C.
Any wastewater having a pH less than 5.0 or greater than 10.0, unless
the Township and the Authority POTW is specifically designed to accommodate
such wastewater, or wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment and/or
personnel of the POTW.
D.
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
of the POTW, or exceed the limitation set forth in a Categorical Pretreatment
Standard. A toxic pollutant shall include but not be limited to any
pollutant identified pursuant to Section 307(a) of the Act.
E.
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
F.
Any substance which may cause the Authority's POTW effluent or any
other product of the Authority's POTW, such as residues, biosolids
or scums, to be unsuitable for reclamation and reuse or to interfere
with the reclamation process. In no case shall a substance discharged
to the Township or Authority POTW cause the Authority POTW to be in
noncompliance with biosolid use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act or any criteria,
guidelines or regulations affecting biosolid use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act or state criteria applicable to the biosolid
management method being used.
G.
Any substance which will cause the Township or Authority POTW to
violate its NPDES and/or state disposal system permit or the receiving
water quality standards.
H.
Any wastewater with objectionable color not removed in the treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions.
I.
Any wastewater having a temperature which will inhibit biological
activity in the Authority POTW treatment plant resulting in interference,
but in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40° C., unless the POTW treatment plan
is designed to accommodate such temperature.
J.
Any pollutants, including oxygen-demanding pollutants (BOD, etc.),
released at a flow rate and/or pollutant concentration which a user
knows or has reason to know will cause interference to the Township
or Authority POTW. In no case shall a slug load have a flow rate or
contain concentration or qualities of pollutants that exceed, for
any time period longer than 15 minutes, more than five times the average
twenty-four-hour concentration, quantities or flow during normal operation.
K.
Any wastewater containing any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits established by the
Superintendent in compliance with applicable state or federal regulations.
L.
Any wastewater which causes a hazard to human life or creates a public
nuisance.
M.
Any cooling water, either polluted or unpolluted.
N.
Any inert insoluble solids, such as asphalt, clay, slag and mill
scale or biosolids or slurries.
O.
Any vapor or steam.
P.
Any wastewaters containing amounts of animal or vegetable fats, oils,
greases or wax in excess of 100 parts per million or wastes containing
substances which may solidify or become viscous at temperatures between
32° F. and 100° F.
Q.
Stormwater, groundwater, roof runoff or subsurface drainage.
R.
Trucked or hauled wastes, except at a point of discharge indicated
by the Authority's wastewater treatment plant Superintendent or his
duly authorized agent.
2.
When the Township or the Authority determines that a user(s) is contributing
to the POTW any of the above-enumerated substances in such amounts
as to interfere with the operation of the Township or Authority POTW,
the Township shall:
[Ord. 08-626, 3/11/2008; as amended by Ord.
2016-701, 3/8/2016]
Upon the promulgation of the Federal Categorical Pretreatment
Standards for a particular industrial subcategory, the federal standard,
if more stringent than the limitation imposed under this Part for
sources in that subcategory, shall immediately supersede the limitations
imposed under this Part. Each user or significant industrial user
shall be responsible to notify the Authority and the Township of changes
to his status under the federal, state or local regulations. The National
Categorical Pretreatment Standards found in 40 CFR, Parts 405-471,
are hereby incorporated into this Part.
A.
Where a Categorical Pretreatment Standard is expressed only in terms
of the mass or the concentration of a pollutant in wastewater, the
Township may impose equivalent concentration or mass limits in accordance
with 40 CFR, Part 403.6(c).
B.
When wastewater subject to a Categorical Pretreatment Standard is
mixed with wastewater not regulated by the same standard, the Township
shall impose an alternate limit using the combined waste stream formula
in 40 CFR, Part 403.6(e).
C.
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, Part 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the Categorical Pretreatment Standard.
D.
A user may obtain a net gross adjustment to a Categorical Standard
from the EPA in accordance with 40 CFR, Part 403.15.
[Ord. 08-626, 3/11/2008; as amended by Ord.
2016-701, 3/8/2016]
Where the Authority wastewater treatment system achieves consistent
removal of pollutants limited by federal pretreatment standards, the
Authority may apply to the approval authority for modification of
specific limits in the federal pretreatment standards. "Consistent
removal" shall mean reduction in the amount of a pollutant or alteration
of the nature of the pollutant by the wastewater treatment system
to a less-toxic or harmless state in the effluent which is achieved
by the system in 95% of the samples taken when measured according
to the procedures set forth in Section 403.7(c)(2) of Title 40, CFR,
Part 403, General Pretreatment Regulations for Existing and New Sources
of Pollution, promulgated pursuant to the Act. The Borough may then
modify pollutant discharge limits in the federal pretreatment standards
if the requirements contained in 40 CFR, Part 403, 403.7, are fulfilled
and prior approval from the approval authority is obtained. Such modification
shall then be binding upon the user of the POTW.
[Ord. 08-626, 3/11/2008; as amended by Ord.
2016-701, 3/8/2016]
1.
No user shall contribute or cause to be contributed, directly or
indirectly, wastewater containing pollutants or substances in excess
of the following:
|
Parameter
|
Maximum Concentration
(mg/l)
| |
|---|---|---|
|
Aluminum — total
|
11.22
| |
|
Arsenic — total
|
0.01
| |
|
Cadmium — total
|
0.02
| |
|
Chromium — total
|
0.04
| |
|
Copper — total
|
0.60
| |
|
Cyanide — total
|
0.15
| |
|
Lead — total
|
0.15
| |
|
Mercury — total
|
0.0016
| |
|
Molybdenum — total
|
5.3149
| |
|
Nickel — total
|
0.43
| |
|
Oil/grease
|
100
| |
|
Selenium — total
|
0.05
| |
|
Silver — total
|
0.26
| |
|
Sulfates
|
100
| |
|
Sulfites
|
1.00
| |
|
Sulfides
|
0.05
| |
|
Zinc — total
|
5.81
|
2.
These limitations shall be set forth in all wastewater discharge
permits issued by the Township or the Authority to a user.
[1]
Editor's Note: This section was amended by Ord. 07-618, 9/11/2007,
the provisions of which were inadvertently omitted from the 2008 revision
to the chapter and were added back in through the codification process.
[Ord. 08-626, 3/11/2008]
State requirements and limitation on discharges shall apply
in any case where they are more-stringent than federal requirements
and limitations or those in this Part.
[Ord. 08-626, 3/11/2008]
The Township reserves the right to establish, by ordinance, more-stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 18-101 of this Part.
[Ord. 08-626, 3/11/2008; as amended by Ord.
2016-701, 3/8/2016]
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 the limitations contained in the federal pretreatment standards or in any other pollutant-specific limitation developed by the Township or state. (Comment: Pretreatment may be an acceptable means of complying with some of the prohibitions set forth in § 18-104, e.g., the pH prohibition.)
[Ord. 08-626, 3/11/2008]
1.
Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this Part. Facilities to
prevent accidental discharge of prohibited materials shall be provided
and maintained at the owner's or user's own cost and expense. Detailed
plans showing facilities and operating procedures to provide this
protection shall be approved by the Township before construction of
the facility. No user who commences contribution to the POTW after
the effective date of this Part shall be permitted to introduce pollutants
into the system until accidental discharge procedures have been approved
by the Township. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
the user's facility as necessary to meet the requirements of this
Part.
2.
In the case of an accidental discharge, it is the responsibility
of the user to immediately telephone and notify the Township and the
Authority of the incident. The notification shall include the location
of the discharge, the type of waste, concentration and volume and
corrective actions.
[Amended by Ord. 2016-701, 3/8/2016]
3.
Written Notice. Within five days following an accidental discharge,
the user shall submit to the Township and the Authority a detailed
written report describing the cause 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 Township or Authority POTW, fishkills or any other damage to person
or property; nor shall such notification relieve the user of any fines,
civil penalties or other liability which may be imposed by this Part
or applicable law.
[Amended by Ord. 2016-701, 3/8/2016]
[Ord. 08-626, 3/11/2008]
It is the purpose of this Part to provide for the recovery of
costs from users of the Township's wastewater disposal system for
the implementation of the program established herein. The applicable
charges or fees shall be set forth in the Township's Schedule of Charges
and Fees.
[Ord. 08-626, 3/11/2008; as amended by Ord. 09-649, 12/8/2009]
1.
The Township may adopt charges and fees which may include:
A.
Fees for reimbursement of costs of setting up and operating the Township's
pretreatment program.
B.
Fees for monitoring, inspections and surveillance procedures.
C.
Fees for reviewing accidental discharge procedures and construction.
D.
Fees for permit applications.
E.
Fees for filing appeals.
F.
Fees for consistent removal (by the Township or the Authority) of
pollutants otherwise subject to federal pretreatment standards.
[Amended by Ord. 2016-701, 3/8/2016]
G.
Other fees as the Township may deem necessary to carry out the requirements
contained herein.
2.
Tapping Fees. Tapping fees shall be established by the Township by
resolution, which shall be imposed on either new contributors to the
Township's sewer system or on existing contributors who increase their
contribution to the Township's sewer system. The tapping fee shall
be paid prior to connection to the sewer system in the case of a new
contributor and prior to the increasing of contribution in the case
of an existing contributor.
3.
Sewer Rentals.
[Amended by Ord. 11-663, 12/13/2011; and by Ord. 2014-689, 12-29-2014[1]]
A.
The quarterly sewer rental for individually owned residential units
served by public water shall be $42 for the first zero to 3,000 gallons
of usage and $7.51 for each 1,000 gallons of usage, or any increment
thereof, over 3,000 gallons.
B.
The quarterly sewer rental for individually owned residential units
not served by public water shall be $107.
C.
The quarterly sewer rental for multi-unit residential buildings under
single ownership shall be:
(1)
For such buildings containing three or fewer residential units,
$82 for the first zero to 3,000 gallons of usage and $7.51 for each
1,000 gallons of usage, or any increment thereof, over 3,000 gallons.
(2)
For such buildings containing four or more residential units,
$20 per unit and $7.51 for each 1,000 gallons of usage, or any increment
thereof.
D.
The quarterly sewer rental for nonresidential users shall be $87
for the first zero to 3,000 gallons of usage and $7.51 for each 1,000
gallons of usage, or any increment thereof, over 3,000 gallons.
[1]
Editor's Note: This ordinance also provided that it become
effect 1/1/2015.
[Ord. 08-626, 3/11/2008]
1.
It shall be unlawful to discharge without a Township or Authority
permit to any natural outlet within the Township or in any area under
the jurisdiction of said Township and/or to the Township POTW any
wastewater except as authorized by the Township in accordance with
the provisions of this Part.
[Amended by Ord. 2016-701, 3/8/2016]
2.
The Township may require any unpermitted or permitted users of the
sewer system to provide any information needed to determine compliance
with this Part or other applicable local, state, or federal laws,
rules or regulations. These requirements include but are not limited
to:
A.
Wastewater discharge peak-rate and volume records over a specified
time period.
B.
Information on raw materials, processes and products affecting wastewater
volume and quality.
C.
Quantity and disposition of specific liquid, biosolids, oil, solvent
or other materials which may impact the operation of the sewer system.
D.
A plot plan of all sewer facilities on the user's property, including
the number and location of all sewer lateral connections to the sewer
system.
E.
Details of control measures taken by the user to prevent and control
stormwater, drainage and roof runoff from entering the sewer system.
F.
Details of any significant changes to the nature or quantity of their
discharge, including increased flows of 25% or more, or the promulgation
of a Categorical Pretreatment Standard which applies to their discharge.
3.
All users must notify the Township, the Authority, the EPA and the
PADEP of discharges to the sewer system which, if disposed of in any
other manner, would be considered a hazardous waste under federal
regulations at 40 CFR, Part 261.
[Amended by Ord. 2016-701, 3/8/2016]
4.
Costs incurred for developing the information described above shall
be paid by the user and are in addition to all other sewer use, permit
and surcharge fees charged by the Township. The user shall be responsible
for obtaining and submitting all applicable Township, Authority, county,
regional, state or federal permits or planning documents required
for approval for a sewer connection. In addition, whenever an existing
insignificant industrial user becomes subject to a national pretreatment
standard, the user must apply to the Township and Authority for a
wastewater contribution permit within 180 days after becoming subject
to an applicable national pretreatment standard.
[Amended by Ord. 2016-701, 3/8/2016]
[Ord. 08-626, 3/11/2008]
1.
General Permits. All significant users proposing to connect to or
to contribute to the POTW shall obtain a wastewater discharge permit
before connection to or contributing to the POTW. All existing significant
users connected to or contributing to the POTW shall obtain a wastewater
contribution permit within 180 days after the effective date of this
Part.
2.
Permit Application. All nonresidential users shall complete and file
with the Township, within 30 days of receipt, the industrial sewer
connection application. Proposed new nonresidential users shall complete
and file this survey with the Township at least 90 days prior to connecting
to or contributing to the POTW. In responding to this survey, the
users shall submit, in units and terms appropriate for evaluation,
the following information:
A.
Name, address and location (if different from the address).
B.
SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
C.
Wastewater constituents and characteristics, including but not limited
to those mentioned in this Part, as determined by a reliable analytical
laboratory; sampling analysis shall be performed in accordance with
procedures established by the EPA pursuant to Section 304(g) of the
Act and contained in 40 CFR, Part 136, as amended.
D.
Time and duration of contribution.
E.
Average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
F.
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by size, location
and elevation.
G.
Description of activities, facilities 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 any 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.
I.
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. The completion date in
this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. The following conditions
shall apply to this schedule:
(1)
The schedule 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 required
for the user to meet the applicable pretreatment standards (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing construction,
completing construction, etc.).
(3)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Township, including, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the user to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the Township.
J.
Each product produced by type, amount, process or processes and rate
of production.
K.
Type and amount of raw materials processed (average and maximum per
day).
L.
Number and type of employees and hours of operation of plant and
proposed or actual hours of operation of pretreatment system.
M.
Any information as may be deemed by the Township or the Authority
to be necessary to evaluate the permit application. The Township and
the Authority will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Township or the Authority may issue a wastewater
contribution permit, subject to terms and conditions provided herein.
[Amended by Ord. 2016-701, 3/8/2016]
3.
Wastewater Permits. Users who are required to obtain wastewater contribution
permits shall be notified of that fact and will be sent a permit application
to be completed within 15 days of receipt. (See Appendix A.[1] A fee for the permit application will be assessed in accordance with § 18-103 based on the Township and Norristown Municipal Waste Authority POTW cost recovery program implementation.
[Amended by Ord. 2016-701, 3/8/2016]
[1]
Editor's Note: Appendix A is on file in the Township offices.
4.
Permit Modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater contribution permit as required by § 18-115, Subsection 2, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Township, within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard, the information required by Subsection 2 of this § 18-115.
5.
Permit Conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this Part and all other applicable regulations,
user charges and fees established by the Township. Permits may contain
the following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
B.
Limits on the average and maximum wastewater constituents and characteristics.
C.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection and sampling
facilities.
E.
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
F.
Compliance schedules.
H.
Requirements for notification of the Township of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
J.
Other conditions as deemed appropriate by the Township to ensure
compliance with this Part.
6.
Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Township or the Authority during the term of the permit as limitations or requirements identified in § 18-106 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
[Amended by Ord. 2016-701, 3/8/2016]
7.
Permit Transfer. Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned nor transferred or sold to a new owner, new user,
different premises or a new or changed operation without the approval
of the Township or the Authority. Any succeeding owner or user shall
also comply with the terms and conditions of the existing permit.
[Amended by Ord. 2016-701, 3/8/2016]
[Ord. 08-626, 3/11/2008]
1.
Compliance Data Report. Within 90 days following the date for final
compliance with applicable pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any user subject to pretreatment standards and requirements
shall submit to the Township and the Authority a report indicating
the nature and concentration of all pollutants in the discharge from
the regulated process which are limited by pretreatment standards
or requirements. The report shall state whether the applicable pretreatment
standards and requirements are being met on a consistent basis and,
if not, what additional O&M and/or pretreatment is necessary to
bring the user into compliance with the applicable pretreatment standards
and requirements. This statement shall be signed by an authorized
representative of the industrial user and certified to by a qualified
professional.
[Amended by Ord. 2016-701, 3/8/2016]
2.
Periodic Compliance Reports.
A.
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Township and the Authority during the months of June and December, unless required more frequently in the pretreatment standard or by the Township and the Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in this § 18-116. At the discretion of the Township and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Township may agree to alter the months during which the above reports are to be submitted.
[Amended by Ord. 2016-701, 3/8/2016]
B.
The Township may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection 2A of this § 18-116 shall indicate the mass of pollutants regulated by the pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass, where requested by the Township, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. In the event the results of the analysis exceed the pretreatment standards given in the wastewater contribution permit, the permittee shall provide immediate verbal notification to the Township Manager. The permittee shall also repeat sampling and analyses and submit the results of the analyses to the Township Manager within 30 days after becoming aware of the violation(s). (Comment: Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)
[Ord. 08-626, 3/11/2008]
1.
The Township and the Authority shall require to be provided and operated,
at the user's own expense, monitoring facilities to allow inspection,
sampling and flow measurement of the building sewer and/or internal
drainage systems. The monitoring facility shall normally be situated
on the user's premises, but the Township may, when such a location
would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked
vehicles.
[Amended by Ord. 2016-701, 3/8/2016]
2.
There shall be ample room in or near such sampling manhole or facility
to follow accurate sampling and preparation of samples for analysis.
The facility, sampling or measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
3.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Township's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Township.
[Ord. 08-626, 3/11/2008; as amended Ord.
2016-701, 3/8/2016]
The Township or the Authority shall inspect the facilities of
any user to ascertain whether the purpose of this Part is being met
and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Township or its representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination or in the performance of any of their
duties. The Township, the Authority, approval authority and (where
the NPDES state is the approval authority) the EPA shall have the
right to set up on the user's property such devices as are necessary
to conduct sampling inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into their
premises, the user shall make necessary arrangements with their security
guards so that, upon presentation of suitable identification, personnel
from the Township, the Authority, approval authority and EPA will
be permitted to enter without delay for the purpose of performing
their specific responsibilities.
[Ord. 08-626, 3/11/2008]
1.
Users shall provide necessary wastewater treatment as required to
comply with this Part and shall achieve compliance with all federal
pretreatment standards within the time limitations as specified by
the federal pretreatment regulations. Any facilities required to pretreat
wastewater to a level acceptable to the Township shall be provided,
operated and maintained at the user's expense. Detailed plans showing
the pretreatment facilities and operating procedures shall be submitted
to the Township and the Authority for review and shall be acceptable
to the Township and the Authority before construction of the facility.
The review of such plans and operations procedures will in no way
relieve the user from the responsibility of modifying the facility
as necessary to produce an effluent acceptable to the Township under
the provisions of this Part. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be acceptable
to the Township and the Authority prior to the user's initiation of
the changes.
[Amended by Ord. 2016-701, 3/8/2016]
2.
The Township or the Authority shall annually publish in the Norristown
Times Herald newspaper a list of the users which were not in compliance
with all pretreatment requirements or standards at least once during
the 12 previous months. The notification shall also summarize any
enforcement actions taken against the user(s) during the same 12 months.
[Amended by Ord. 2016-701, 3/8/2016]
3.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval authority upon
request.
[Ord. 08-626, 3/11/2008]
1.
Information and data on a user obtained from reports, questionnaires,
permit applications, permit and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests 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 of the user.
2.
When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related
to this Part by the National Pollutant Discharge Elimination System
(NPDES) and State Disposal Elimination System Pretreatment Programs;
provided, however, that such portions of a report shall be available
for use by the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
3.
Information accepted by the Township as confidential shall not be
transmitted to any governmental agency or to the general public by
the Township until and unless a ten-day notification is given to the
user.
[Ord. 08-626, 3/11/2008; as amended by Ord.
2016-701, 3/8/2016]
1.
The Township or the Authority may suspend the wastewater treatment
service and/or a wastewater contribution permit when such suspension
is necessary, in the opinion of the Township, in order to stop an
actual or threatened discharge which presents or may present an imminent
or substantial endangerment to the health or welfare of persons or
to the environment, causes interference to the POTW or causes the
Authority to violate any condition of its NPDES permit.
2.
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Township shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The Township shall reinstate
the wastewater contribution permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement by the user describing the causes of
the harmful contribution and the measures taken to prevent any future
occurrence shall be submitted to the Township and the Authority within
15 days of the date of the occurrence.
[Ord. 08-626, 3/11/2008; as amended by Ord.
2016-701, 3/8/2016]
Whenever the Township or the Authority finds that any user has
violated or is violating this Part, the wastewater contribution permit
or the general pretreatment regulations, the Township or the Authority
may serve upon the user a written notice of violation (NOV). Within
15 days of the certified receipt of the NOV, the user must submit
to the Township and/or the Authority a written response which contains
the following information:
A.
Cause of the noncompliance.
B.
Anticipated duration of the noncompliance and the time by which the
violation will be corrected.
C.
Steps taken by the user to reduce and eliminate the noncomplying
discharge.
D.
Steps taken by the user to prevent recurrence of the condition(s)
leading to the noncompliance.
E.
The signature of an authorized representative of the user that certified
to the validity of the report.
[Ord. 08-626, 3/11/2008]
1.
The Township or the Authority may order any user who causes or allows
an unauthorized discharge to enter the POTW to show cause before the
Township why the proposed enforcement action should not be taken.
A notice shall be served on the user specifying the time and place
of a hearing to be held by the Township regarding the violation, the
reasons why the action is to be taken, and the proposed enforcement
action and directing the user to show cause before the Township why
the proposed enforcement action should not be taken. The notice of
the hearing shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days before the hearing.
Service may be made on any agent or officer of a corporation.
[Amended by Ord. 2016-701, 3/8/2016]
2.
The Township or the Authority may itself conduct the hearing and
take the evidence or may designate any of its members or any officer
or employee to:
[Amended by Ord. 2016-701, 3/8/2016]
A.
Issue, in the name of the Township, notices of hearing requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearing.
B.
Take the evidence.
C.
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Township
for action thereon.
3.
At any hearing held pursuant to this Part, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
4.
After the Township has reviewed the evidence, it may issue an order
to the user responsible for the discharge directing that, following
a specified time period, the sewer services be discontinued unless
adequate treatment facilities, devices or other related appurtenances
are properly operated. Further orders and directives as are necessary
and appropriate may be issued.
[Ord. 08-626, 3/11/2008]
If any person discharges sewage, industrial waste or other wastes
into the Township wastewater disposal system contrary to the provisions
of this Part, federal or state pretreatment requirements or any order
of the Township, the Solicitor of the Township may commence an action
for appropriate legal and/or equitable relief in the Court of Common
Pleas of Montgomery County.
[Ord. 08-626, 3/11/2008]
Any user who is found to have violated an order of the Township
or who willfully or negligently fails to comply with any provision
of this Part and the orders, rules, regulations and permits issued
hereunder shall be fined not less than $100 and not more than $25,000
for each offense. Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense. In addition to the
penalties provided herein, the Township may recover reasonable attorney's
fees, court costs, court reporter's fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this Part or orders, rules, regulations and permits issued hereunder.
[Ord. 08-626, 3/11/2008]
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this Part
or wastewater contribution permit or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required
under this Part shall, upon conviction, be punished by a fine of not
more than $1,000 and, in default of payment thereof, to a term of
imprisonment not to exceed 30 days.
