Part 3 WASTEWATER COLLECTION AND TREATMENT SYSTEM

§ 18-301 Objectives; Applicability; Administration; Terminology.

[Ord. 3-2011, 6/6/2011]

Purpose and Policy.

This Part 3 sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the Township of Jackson and enables the Township to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this Part 3 are:

(1)

To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;

(2)

To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

(3)

To protect POTW personnel who may be affected by wastewater and biosolids in the course of their employment and to protect the general public;

(4)

To improve the opportunity to recycle and reclaim wastewater and biosolids from the POTW;

(5)

To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW;

(6)

To enable the Township or Borough to comply with its NPDES permit conditions, biosolids use and disposal requirements, and any other federal or state laws to which the POTW is subject; and

(7)

To apply the provisions of this Part 3 to the recently constructed Jackson Township wastewater treatment facility in the future when a separate Township pretreatment program is required by state and federal laws and regulations.

This Part 3 shall apply to all users of the POTW. This Part 3 authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

Administration and Contents.

Except as otherwise provided herein, the pretreatment coordinator shall administer, implement, and enforce the provisions of this Part 3. Any powers granted to or duties imposed upon the pretreatment coordinator may be delegated by the pretreatment coordinator or other Township or Borough personnel.

The sections of this Part 3 are as follows:

	§ 18-301	Objectives; Applicability; Administration; Terminology
	§ 18-302	General Sewer Use Requirements
	§ 18-303	Pretreatment of Wastewater
	§ 18-304	Fees and Charges
	§ 18-305	Wastewater Discharge Permit Application
	§ 18-306	Wastewater Discharge Permit Issuance Process
	§ 18-307	Reporting Requirements
	§ 18-308	Compliance Monitoring
	§ 18-309	Confidential Information
	§ 18-310	Publication of Users in Significant Noncompliance
	§ 18-311	Administrative Enforcement Remedies
	§ 18-312	Judicial Enforcement Remedies
	§ 18-313	Supplemental Enforcement Action
	§ 18-314	Affirmative Defenses to Discharge Violations
	§ 18-315	Miscellaneous Provisions
	§ 18-316	Determination of Charges for Strong Wastes
	§ 18-317	Measurement of Concentration of Industrial Waste
	§ 18-318	Measurement of Volume of Industrial Wastes
	§ 18-319	Access

Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part 3, shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The United States Environmental Protection Agency, Region III, Philadelphia, Pennsylvania.

AUTHORITY

The Jackson Township Authority.

AUTHORIZED REPRESENTATIVE OF THE USER

(1)

If the user is a corporation:

(a)

The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

(b)

The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3)

If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.

(4)

The individuals described in Subsections (1) through (3) of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Township or Borough.

BEST MANAGEMENT PRACTICES or BMPs

Schedules of activities, prohibitions of practice, maintenance procedures, and other management practices to implement the prohibitions listed in § 18-302, Subsection 1A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, biosolids or waste disposal, or drainage from raw materials storage. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of, certain established categorical pretreatment standards and effluent limits.]

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration [milligrams per liter (mg/l)].

BOROUGH

The Borough of Myerstown or the Borough Council of Myerstown.

BUILDING SEWER OR LATERAL

The extension of the building drain to the Township's six-inch construction tee or point of connection to the Township's six-inch connection lateral.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to a categorical pretreatment standard or categorical standard.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by the United States EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.

CHLORINE DEMAND

The quantity of chlorine absorbed in water, sewage or other liquids, allowing a residual of 0.1 ppm, after 15 minutes of contact.

COLOR

The optical density at the visual wavelength of maximum absorption, relative to distilled water. One-hundred-percent transmittance is equivalent to zero optical density.

COMMERCIAL CONNECTION

A user who discharges domestic wastewater and wastewater generated from preparation or supplying commodities and services such as but not limited to restaurants, car washes, gasoline stations, and laundromats.

COMMERCIAL WASTE DISCHARGE PERMIT

A permit to discharge liquid wastes that are not considered industrial or domestic waste to the POTW.

COMPOSITE SAMPLE

The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

CONTROL AUTHORITY

Shall refer to the Borough POTW, since it has an approved pretreatment program under the provisions of 40 CFR 403.11, or potentially to the Township of Jackson upon the approval of a pretreatment program pursuant to the foregoing regulation.

COOLING WATER

The water discharged from any system of condensation such as air conditioning, cooling or refrigeration.

DAILY MAXIMUM

The arithmetic average of all effluent samples for a pollutant collected during the calendar day.

DAILY MAXIMUM LIMIT

The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of a day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration from all measurements taken that day.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of Pennsylvania.

DISSOLVED SOLIDS

The anhydrous residues of the dissolved constituents in water or wastewater.

DOMESTIC WASTE

The normal water-carried household and toilet wastes from residences, business buildings, institutions and industrial establishments.

DWELLING UNIT

Any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as a separate business or as separate living quarters by a family or other group of persons living together or by a person living alone.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency.

EQUIVALENT DWELLING UNIT

The equivalent flow which is equal to the average amount of water discharged by a single residential unit. The number of equivalent dwelling units (EDUs) assigned to a single residential dwelling unit is one. The number of EDUs assigned to all other industrial, commercial or nonresidential users is based on the maximum daily flow of the user with 250 gallons per day maximum daily flow equal to one EDU. EDUs will be assigned in whole increments, and the minimum number of EDUs assigned to any user is one.

[Amended by Ord. 2-2013, 7/1/2013]

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

GARBAGE

Solid waste resulting from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

GRAB SAMPLE

A sample that is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

GROUND GARBAGE

Garbage that has been shredded to such a degree that all its particles shall be carried freely under normal sewage flow conditions, with no particle greater than 1/2 inch in any dimension.

GROUNDWATER

Water that is standing in or passing through the ground.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

IMPROVED PROPERTY

Any property within the service 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 wastes shall be or may be discharged.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

INDUSTRIAL ESTABLISHMENT

Any improved property used, in whole or in part, for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from domestic waste, shall be discharged.

INDUSTRIAL USER

A source of indirect discharge of industrial waste which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INDUSTRIAL WASTE

Any liquid or gaseous substance, whether or not solids are contained therein, discharged from any industrial establishment during the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.

INDUSTRIAL WASTE PERMIT

A permit to deposit or discharge liquid industrial wastes into the POTW.

INFILTRATION

The water entering a sewer system and service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections and/or manhole walls. Infiltration does not include, and is distinguished from, inflow.

INFILTRATION/INFLOW

The total quantity of water from both infiltration and inflow without distinguishing the source; also known as "extraneous flow."

INFLOW

The water discarded into a sewer system and service connections from such sources as, but not limited to, roof leaders, cellar, yard, and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street washwaters, or drainage. Inflow does not include, and is distinguished from, infiltration.

INSTANTANEOUS LIMIT

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

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

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

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its biosolids processes, use or disposal and, therefore, is a cause of a violation of the Township's or Borough's NPDES permit, including an increase in the magnitude or duration of a violation or of the prevention of sewage biosolids use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more—stringent state or local regulations).

MANHOLE

A shaft or chamber leading from the surface of the ground to a sewer, large enough to enable a person to gain access to the latter.

MAY

Is permissive; "shall" is mandatory.

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

mg/l

milligrams per liter; equivalent to parts per million (ppm) by weight.

MONTHLY AVERAGE

The sum of daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MONTHLY AVERAGE LIMIT

The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MULTIPLE DWELLING

Any improved property in which shall be located more than one dwelling unit.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

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) which apply to a specific category of industrial users.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

(1)

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(a)

The building, structure, facility, or installation is constructed at a site at which no other source is located;

(b)

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c)

The production or wastewater-generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general activity as the existing source, should be considered.

(2)

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 (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this subsection has commenced if the owner or operator has:

(a)

Begun, or caused to begin, as part of a continuous on-site construction program:

[1]

Any placement, assembly, or installation of facilities or equipment; or

[2]

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; or

(b)

Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in its operation within a reasonable 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 subsection.

NONCONTACT COOLING WATER

Water used for cooling, which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NORMAL STRENGTH WASTE

Sewage which, when analyzed or caused to be analyzed by the Township (or Borough, if related to the Borough's POTW), shows a daily average of not more than 250 mg/l of total suspended solids, 300 mg/l of BOD5, 500 mg/l of dissolved solids, 6.6 mg/l of phosphorus, and/or 25 mg/l of ammonia nitrogen.

OBJECTIONABLE WASTE

Any wastes that can, in the Township's judgment (or Borough, if related to the Borough's POTW), harm either the sewers or sewage treatment process or equipment or, in the judgment of any municipality where the wastes are being carried, can have an adverse effect upon its system; can have an adverse effect upon the receiving stream; can otherwise endanger life, health or property; or which constitutes a public nuisance.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property located in the POTW service area.

PASS-THROUGH

A discharge which exits the 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 Township's or Borough's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

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. This definition includes all federal, state, and local governmental entities.

A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT

Dredged spoil; solid waste; incinerator residue; filter backwash; sewage; garbage; sewage biosolids; munitions; medical wastes; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; municipal, agricultural and industrial wastes; and certain characteristics of wastewater [i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor].

POLLUTION

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

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants, unless allowed by an applicable pretreatment standard).

PRETREATMENT COORDINATOR

The person designated by the Borough to supervise the industrial waste pretreatment program, who is charged with certain duties and responsibilities by this Part 3. This may also refer to a person or persons designated by the Township to act as a pretreatment coordinator upon the approval of a Township pretreatment program pursuant to the provisions of 40 CFR 403.11.

PRETREATMENT REQUIREMENTS

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

PRETREATMENT STANDARDS OR STANDARDS

Prohibited discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 18-302, Subsection 1, of this Part.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the Borough or Township, respectively. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. The term refers to the Borough or Township, respectively, as the circumstances may dictate.

RECEIVING STREAM

The Tulpehocken Creek for the Borough plant and a tributary of the Tulpehocken for the Township plant.

SANITARY SEWER

Any pipe or conduit constituting a part of the sewer system or usable for sewage collection purposes.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SHALL

Is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER

(1)

A user subject to categorical pretreatment standards; or

(2)

A user that:

(a)

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(b)

Contributes a process waste stream which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the POTW treatment plant; or

(c)

Is designated as such by the Borough or Township on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(3)

Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Borough (or Township regarding its own system) may, at any time, on its own initiative or in response to a petition received from a user [and in accordance with procedures in 40 CFR 403.8(f)(6)], determine that such user should not be considered a significant industrial user.

SIGNIFICANT NONCOMPLIANCE (SNC)

This denotes that the circumstances of a particular violation are severe enough to meet the following criteria for significant noncompliance (SNC):

(1)

Violations of Wastewater Discharge Limits:

(a)

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

(b)

Technical review criteria (TRC) violations: 33% or more of the measurements exceed the same daily maximum limit, the same average limit, or the same instantaneous limit by more than the following TRC in a six-month period:

[1]

Group I for conventional pollutants (BOD, TSS, fats, oil and grease): TRC = 1.4.

[2]

Group II for all other pollutants, except pH: TRC = 1.2.

(c)

Any other violation(s) of a pretreatment standard or requirement, including daily maximum, long-term average, instantaneous limit, or narrative standard, that the Borough or Township, respectively, believes has caused, alone (e.g., slug loads) or in combination with other discharges, interference or pass-through or endangered the health of the sewage treatment personnel or the public.

(d)

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

(2)

Violations of compliance schedule milestones contained in enforcement orders as well as schedules contained in the industrial discharge permits, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.

(3)

Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, ninety-day compliance reports, and periodic reports) within 30 days from the due date.

(4)

Failure to accurately report noncompliance.

(5)

Any other violation or group of violations that the Borough or Township considers to be significant because it may adversely affect the operation or implementation of the pretreatment program.

SLUG LOAD or SLUG

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 18-302, Subsection 1, of this Part. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through or in any other way violate the POTW's regulations, local limits, or permit conditions.

SPECIAL USE PERMIT

A permit to discharge liquid wastes, which are not considered commercial, industrial, or domestic wastes, to the POTW.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STATE

The Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.

STRONG WASTE

Any waste having a BOD5, suspended solids, dissolved solids, ammonia nitrogen, or phosphorus concentration in excess of that found in normal domestic waste but which is otherwise acceptable into a public sewer under the terms of this Part 3.

STRONG WASTE SURCHARGE

A charge levied on any user of the treatment works of the POTW for the additional cost of treating strong wastes.

SUPERINTENDENT

The person designated by the Borough or Township to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this Part 3, or a duly authorized representative.

SURFACE WATER

That portion of the precipitation which runs off over the surface of the ground.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquid and which is removable by laboratory filtering.

TAPPING FEE

A fee charged for the privilege to connect a new EDU to the sanitary sewer system.

TOTAL SOLIDS

Solids that either float on the surface of or are in suspension or dissolved in water, sewage or other liquids and which are determined by appropriate procedures found in the latest edition of "Standard Methods for the Examination of Water and Sewage," published by the American Public Health Association.

TOWNSHIP

Jackson Township, a Township of the second class as defined under Pennsylvania state law, and located in Lebanon County, Pennsylvania.

TOXIC POLLUTANT

One of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under Section 307 (33 U.S.C. § 1317) of the Act.

TOXIC SUBSTANCE

Any noxious and/or deleterious substance in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in any sewer system or in the receiving stream of the sewage treatment plant.

TREATMENT PLANT EFFLUENT

The discharge from the POTW into waters of the United States.

USER

A source of indirect discharge.

WASTEWATER

Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

WATERS OF THE STATE

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.

The use of the singular shall be construed to include the plural, and the plural shall include the singular, as indicated by the context of its use.

Abbreviations. The following abbreviations have the designated meanings:

	BMP	Best management practices
	BMR	Baseline monitoring report
	BOD	Biochemical oxygen demand
	CFR	Code of Federal Regulations
	CIU	Categorical industrial user
	COD	Chemical oxygen demand
	EPA	United States Environmental Protection Agency
	gpd	Gallons per day
	l	Liter
	mg	Milligrams
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	O&M	Operation and maintenance
	POTW	Publicly owned treatment works
	RCRA	Resource Conservation and Recovery Act
	SIC	Standard industrial classification
	SIU	Significant industrial user
	SWDA	Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.)
	TSS	Total suspended solids
	USC	United States Code

§ 18-302 General Sewer Use Requirements.

[Ord. 3-2011, 6/6/2011; Res. 72114, 7/21/2014; Res. 11-3-14, 11/3/2014; Res. 080315, 8/3/2015; Res. No. 050525-02, 5/5/2025]

Prohibited Discharge Standards.

General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1)

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 140° F. (60° C.), using the test methods specified in 40 CFR 261.21.

(2)

Wastewater having a pH less than 6.0 or more than 9.0 or otherwise causing corrosive structural damage to the POTW or equipment.

(3)

Solid or viscous substances in amounts which will cause obstruction of the flow to the POTW resulting in interference with the proper operation of the POTW. Such substances include but are not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, bones, rags, feathers, tar, plastic, wood, paunch, manure, butchers' offal, whole blood, bentonite, lye, building materials, rubber, hair, leather, porcelain, china, ceramic wastes, asphalt, paint, waxes, needles or syringes of any type, but in no case solids greater than two inches in any dimension.

(4)

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

(5)

Wastewater having a temperature greater than 104° F. or lower than 32° F. or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F. (40° C.).

(6)

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through.

(7)

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.

(8)

Trucked or hauled pollutants.

(9)

Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair.

(10)

Wastewater which imparts color which cannot be removed by the treatment process, such as but not limited to dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the Borough's or Township's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10% from the reasonably established norm for aquatic life.

(11)

Wastewater containing any radioactive wastes or isotopes, except as specifically approved by the pretreatment coordinator in compliance with applicable state or federal regulations.

(12)

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the pretreatment coordinator. Where unauthorized discharge of these waters into the POTW exists, they shall be remedied in a manner approved by the Borough within 90 days of receipt of a notice from the Borough or Township. In the event such condition is not remedied, the Borough or Township shall cause the condition to be remedied at the owner's expense.

(13)

Biosolids, screenings, or other residues from the pretreatment of industrial wastes.

(14)

Medical wastes, except as specifically authorized by the pretreatment coordinator in a wastewater discharge permit.

(15)

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

(16)

Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.

(17)

Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that it could be discharged to the POTW.

Federal Categorical Pretreatment Standards. The National Categorical Pretreatment Standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-471, are hereby incorporated.

State Pretreatment Standards. No state pretreatment standards exist, so, in their place, categorical pretreatment standards are hereby incorporated.

Local Limits.

The following pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits.

	Pollutant	Limit (mg/l)
	Arsenic	0.0250
	Cadmium	0.0362
	Chromium, Total	2.67
	Copper	0.825
	Cyanide	1.354
	Lead	1.2078
	Mercury	0.0003
	Molybdenum	1.57
	Nickel	0.701
	Selenium	0.518
	Silver	2.0
	Zinc	1.8
	Ammonia-Nitrogen	75
	Phenol	0.80 (= 800 ug/l)
	BOD₅	900
	Total Suspended Solids	750
	Total Dissolved Solids	1,500.00
	Oil and Grease	100
	Phosphorous	19.8

The above limits may be revised by resolution of the Jackson Township Board of Supervisors upon request of the pretreatment coordinator or otherwise.

The above limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). All concentrations for metallic substances are for total metal, unless indicated otherwise. The pretreatment coordinator may impose mass limitations in addition to or in place of the concentration-based limitations above.

Deductions will be made from these limited substances equal to the concentration of each substance that is contained in the potable water supply.

Right of Revision. The Township or Borough reserves the right to establish, by this Part 3 or in wastewater discharge permits, more-stringent standards or requirements on discharges to the POTW.

Special Agreements. The Township or Borough reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, a user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. A user also may request a variance from the categorical pretreatment standard from the approval authority. Such a request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by the EPA when establishing that categorical pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13.

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 where the imposition of mass limitations is appropriate.

§ 18-303 Pretreatment of Wastewater.

[Ord. 3-2011, 6/6/2011]

Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Part 3 and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in, § 18-302, Subsection 1, of this Part within the time limitations specified by the EPA, the state, or the pretreatment coordinator, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the pretreatment coordinator for review and shall be acceptable to the pretreatment coordinator before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce an acceptable discharge to the Township or Borough under the provisions of this Part 3.

Additional Pretreatment Measures. The Township may provide legal authority to do the following:

Whenever deemed necessary, the pretreatment coordinator may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this Part 3.

Each person discharging into the POTW greater than 25,000 gallons per day or greater than 5% of the average daily flow in the POTW, whichever is less, shall install and maintain, on his property and at his expense, a suitable storage and flow-control facility to ensure equalization of flow over a twenty-four-hour period. The facility shall have a capacity for at least 50% of the daily discharge volume and shall be equipped with alarms and a rate-of-discharge controller, the regulation of which shall be directed by the pretreatment coordinator. A wastewater discharge permit may be issued solely for flow equalization.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the pretreatment coordinator, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand, except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the pretreatment coordinator and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at his expense.

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible-gas detection meter.

Accidental Discharge/Slug Control Plans. At least once every two years, the pretreatment coordinator shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The pretreatment coordinator may require any user to develop, submit for approval, and implement such a plan. Alternatively, the pretreatment coordinator may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

A description of discharge practices, including nonroutine batch discharges;

A description of stored chemicals;

Procedures for immediately notifying the POTW of any accidental or biosolids discharge, as required by § 18-307, Subsection 6, of this Part 3; and

Procedures to prevent adverse impact from any accidental or biosolids discharge. Such procedures include but are not limited to inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

§ 18-304 Fees and Charges.

[Ord. 3-2011, 6/6/2011; as amended by Ord. 3-2012, 8/6/2012]

Times and Methods of Payment. Strength-of-waste surcharges shall be due and be paid quarterly, and quarterly billings for strength-of-waste surcharges shall be made by bills dated during January, April, July, and October of each year, for the quarterly calendar period immediately preceding the date of the bill. The bills for strength-of-waste surcharges for the first quarter during which a property discharges strong wastes into the sewer system shall be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective dates. The Township may include strength-of-waste surcharges on the quarterly sewer rental bills of the Township and need not, in such cases, make separate bills for strength-of-waste surcharges. The Strong Waste Surcharge Formula[1] will be updated as necessary using current operation and maintenance costs and waste load quantities to reflect actual costs to remove specific pollutants.

[1]

Editor's Note: See § 18-316.

Extraordinary Maintenance Charge. Any person discharging any waste which, in the judgment of the Township or Borough, causes any extraordinary maintenance expenses shall be billed by the Township or Borough in the amount of said expenses. The billing amount shall be determined by the Township or Borough and shall include charges for labor of Township or Borough personnel and other costs incurred by the Township or Borough.

Tapping Fee.

There is hereby imposed a tapping fee for connection of each dwelling unit in a single or multiunit structure connected to the sanitary sewer system at the curb or property line. In addition to the tapping fee, an inspection fee of $150 will also be charged, or as amended by resolution of the Supervisors of the Township.

The fee for industrial, commercial or institutional users shall be in accordance with any resolution of the Township or Borough and based on projected uses of the facility to be connected. After one year of actual experience of any of the above uses, an adjustment can be made to the fee. A refund may be made or an additional charge levied.

At no time shall the capacity fee be less than that charged for individual dwelling units.

Fees, as covered in this subsection, shall be calculated in conformance with Commonwealth of Pennsylvania Act 203 and Act 209 of 1990, and as amended. Fees are imposed on all additional new units and additional capacities added to existing connections.

Fees covered under this subsection shall be set or amended by resolution of the Township.

Allocation or Capacity. The number of EDUs assigned to a property shall be based on documented sewage flows (or equivalent metered water flow for the property if approved by the Township) or as an initial estimate where actual flows are not available, generally accepted or published estimates for the use of the property (as submitted to, and approved by, the Township). The minimum allocation for a single residential dwelling unit, regardless of the sewage discharge, is one. The allocation of EDUs assigned to all other industrial, commercial or nonresidential users is based on the maximum daily flow of the user with 250 gallons per day maximum flow equal to one EDU. EDUs will be assigned in whole increments, and the minimum number of EDUs assigned to any user is one. The Township reserves the right to require a minimum of 90 days of daily water or sewage meter readings to establish the actual usage of the user. If the use of the property changes and/or the volume of sewage discharge changes, the Township reserves the right to adjust the allocation to reflect the change, and the Township reserves the right to require an additional ninety-day meter reading submission to document the change in allocation. The EDU allocation for the property will be the maximum daily flow divided by 250 gallons rounded up to the next whole EDU. If the Township determines, based upon its review of the meter readings, that the actual usage of the user is exceeding its current allocation, the Township shall require that the user purchase additional allocation or capacity in order to reflect the actual usage of the user in the system.

[Added by Ord. 2-2013, 7/1/2013]

Sewer Rentals or Sewer User Charges.

Sewer rentals or sewer user charges are hereby imposed upon and shall be collected from the owner of each improved property which shall be connected to the sewer system, for use of the sewer system, whether each use shall be direct or indirect, which sewer rentals or user charges shall commence and shall be effective as stated in § 18-304, Subsection 4A(3)(a).

(1)

Computation of Sewer Rentals or Sewer Charges.

(a)

Water Meter Rate. Sewer rentals or sewer user charges for domestic and nondomestic wastewater discharged into the sewer system may, at the direction of the Township, be based upon actual metered water consumption in accordance with the calculations performed by the Jackson Township Authority Engineer and adopted by resolution of the Jackson Township Board of Supervisors.

[Amended by Ord. 2-2013, 7/1/2013]

(b)

Minimum Sewer Rental. There shall be in effect, unless otherwise directed by the Township, a minimum sewer rental or sewer user charge of $150 per quarter and per EDU, as currently in force under the Township resolution. The minimum sewer rental shall apply when no meter is used for a particular structure, including but not limited to dwellings, multiple dwellings and nondomestic users, or when the metered rate is less than the effective minimum sewer rental. The minimum sewer rental may be amended from time to time by resolution of the Township.

(c)

For purposes of metering flow, any meter installed after the effective date of this amendment for the purpose of measuring water usage and/or wastewater discharge shall be installed with an exterior remote readout on the structure connected to the sewer system of a type and configuration compatible with Township or Borough specifications.

(d)

Sewage Meter Rate. Users with an approved sewage meter and an allocation over 150 EDUs, or a lesser amount of EDUs if approved by the Authority, shall be invoiced on a quarterly basis at the metered rate set by resolution of the Township. Sewage meter rates shall only be approved after the Authority has approved the metering method and meter to be used by the user.

[Added by Ord. 2-2013, 7/1/2013]

(2)

Excessive Sewer Maintenance Expense. Any person discharging any waste which, in the judgment of the Township, causes any extraordinary maintenance expense shall be billed by the Township in the amount of said expense. The billing amount shall be determined by the Township and shall include charges for labor of Township personnel.

(3)

Time and Method of Payments.

(a)

The tapping fee imposed by Subsection 3 above shall be payable upon application for a permit to make connection. The sewer charges imposed by Subsection 4A shall be payable quarterly and shall commence upon connection of the improved property to the sewer system, or within one year from the grant of a permit to connect to the sewer system, whichever occurs first. The Township shall cause the meter of each property where the sewer rent is based upon metered water usage or wastewater discharge to be read on a quarterly basis (or, in lieu thereof, may rely upon meter readings furnished by the Borough) and shall cause sewer rent bills to be mailed forthwith following each sewer reading. In the event a meter reading cannot be obtained for a particular quarter, the sewer bill may be based upon estimated water usage or wastewater discharge, with an appropriate adjustment made upon subsequent meter readings. Sewer rent bills shall similarly be mailed on a quarterly basis with respect to each property subject to the minimum sewer rental. The first sewer bill following connection to the sewer system may cover a period longer than the regular quarterly billing period (but not for a period longer than six months, and shall be prorated accordingly, if the Township finds the same desirable in the administration of the quarterly billing procedure).

(b)

Bills for sewer rent shall be mailed to the address specified in the application for a permit to make connection unless and until a different address is specified by the owner of the property to the Township. Failure to receive a bill as a result of an incorrect address or otherwise shall not excuse nonpayment of rent or extend the time for payment.

(c)

If any quarterly installment of sewer rent is not paid within 30 days after the date of the bill, a penalty of 10% shall be added thereto; and if the installment plus penalty is not paid within 60 days after the date of the bill, the aggregate amount thereof shall bear interest from the penalty date at the rate of 1/2% per month or fraction thereof.

Any unpaid sewer rent, together with penalties and interest thereon, to the extent permitted by law, shall be a lien on the property served, which may be collected by action in assumpsit, by distress or by a lien filed in the nature of a municipal claim, as provided by law. Any attorneys' fees incurred in the collection of sewer rent shall be collected from the delinquent customer and may be reduced to judgment.

§ 18-305 Wastewater Discharge Permit Application.

[Ord. 3-2011, 6/6/2011]

Wastewater Analysis. When requested by the pretreatment coordinator, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The pretreatment coordinator is authorized to prepare a form for this purpose and may periodically require users to update this information.

Wastewater Discharge Permit Requirement.

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the pretreatment coordinator, except that a significant industrial user that has filed a timely application pursuant to Subsection 3 of this section may continue to discharge for the time period specified therein.

The pretreatment coordinator may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this Part 3. A fee for other user discharge would follow the schedule established by resolution of the Township Supervisors.

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part 3 and subjects the wastewater discharge permittee to the sanctions set out in §§ 18-311 through 18-313 of this Part. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

Wastewater Discharge Permitting: Existing Conditions. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Part 3 and who wishes to continue such discharges in the future and has not already obtained a permit shall, within 30 days after said date, apply to the pretreatment coordinator for a wastewater discharge permit in accordance with Subsection 5 of this section and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this Part 3 except in accordance with a wastewater discharge permit issued by the pretreatment coordinator.

Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection 5 of this section, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence.

Wastewater Discharge Permit Application Contents.

All users required to obtain a wastewater discharge permit must submit a permit application. The pretreatment coordinator may require all users to submit as part of an application the following information:

(1)

All information required by § 18-307, Subsection 1B, of this Part.

(2)

A description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.

(3)

The number and type of employees, hours of operation, and proposed or actual hours of operation.

(4)

Each product produced, by type, amount, process or processes, and rate of production.

(5)

The type and amount of raw materials processed (average and maximum per day).

(6)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances, by size, location, and elevation, and all points of discharge.

(7)

The time and duration of discharges.

(8)

Any other information as may be deemed necessary by the pretreatment coordinator to evaluate the wastewater discharge permit application.

(9)

An application fee of $500, to be paid upon submitting a completed permit application. This fee may be updated by resolution of the Township Supervisors.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Application Signatories and Certification. All wastewater discharge 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."

Wastewater Discharge Permit Decisions. The pretreatment coordinator will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the pretreatment coordinator will determine whether or not to issue a wastewater discharge permit. The pretreatment coordinator may deny any application for a wastewater discharge permit.

§ 18-306 Wastewater Discharge Permit Issuance Process.

[Ord. 3-2011, 6/6/2011]

Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the pretreatment coordinator. Each wastewater discharge permit will indicate a specific date upon which it will expire.

Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are reasonably deemed necessary by the pretreatment coordinator to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and disposal, and protect against damage to the POTW.

Wastewater discharge permits must contain the following conditions:

(1)

A statement that indicates the wastewater discharge permit duration, which in no event shall exceed five years.

(2)

A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the Township or Borough and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

(3)

Effluent limits, including best management practices, based on general applicable pretreatment standards, categorical pretreatment standards, and local limits.

(4)

Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.

(5)

A statement of applicable civil, criminal, and administrative 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.

Wastewater discharge permits may contain, but need not be limited to, the following special 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 slug 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)

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.

(8)

Other conditions as deemed appropriate by the pretreatment coordinator to ensure compliance with this Part 3 and state and federal laws, rules, and regulations.

Wastewater Discharge Permit Appeals. Any person, including the user, may petition the Township Supervisors to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

In the event of an appeal, the Township Supervisors shall conduct a hearing and decide the appeal as provided by administrative law and procedure. In the event, after hearing and decision, that the appealing party wishes to make a further appeal, it may do so by filing an appropriate appeal to the Court of Common Pleas of Lebanon County within 30 days of the final order of the Township Supervisors.

Wastewater Discharge Permit Modification. The pretreatment coordinator may modify the wastewater discharge permit for good cause, including but not limited to the following:

To incorporate any new or revised federal, state, or local pretreatment standards or requirements.

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance.

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Information indicating that the permitted discharge poses a threat to the Township's or Borough's POTW, Township or Borough personnel, or the receiving waters.

Violation of any terms or conditions of the wastewater discharge permit.

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

To correct typographical or other errors in the wastewater discharge permit.

To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

Wastewater Discharge Permit Transfer.

Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 60 days' advance notice to the pretreatment coordinator and the pretreatment coordinator approves the wastewater discharge permit transfer. The notice to the pretreatment coordinator must include a written certification by the new owner and/or operator which:

(1)

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2)

Identifies the specific date on which the transfer is to occur; and

(3)

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer.

Wastewater Discharge Permit Revocation.

Wastewater discharge permits may be revoked for, but not limited to, the following reasons:

(1)

Failure to notify the pretreatment coordinator of significant changes to the wastewater prior to the changed discharge.

(2)

Failure to provide prior notification to the pretreatment coordinator of a changed condition pursuant to § 18-307, Subsection 5, of this Part 3.

(3)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

(4)

Falsifying self-monitoring reports.

(5)

Tampering with monitoring equipment.

(6)

Refusing to allow the pretreatment coordinator timely access to the facility premises and records.

(7)

Failure to meet effluent limitations.

(8)

Failure to pay fines.

(9)

Failure to pay sewer charges.

(10)

Failure to meet compliance schedules.

(11)

Failure to complete a wastewater survey or the wastewater discharge permit application.

(12)

Failure to provide advance notice of the transfer of business ownership of a permitted facility.

(13)

Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or this Part 3.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit issuance by submitting a complete permit application, in accordance with § 18-305, Subsection 6, of this Part 3, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. An application fee of $500 shall be submitted along with the completed permit application.

Municipal Wastewater Discharge Permits. In the event that another municipality contributes all or a portion of its wastewater to the POTW, the pretreatment coordinator may require such municipality to apply for and obtain a municipal wastewater discharge permit.

A municipal wastewater discharge permit application shall include:

(1)

A description of the quality and volume of the wastewater at the point(s) where it enters the POTW;

(2)

An inventory of all users discharging to the municipality;

(3)

Such other information as may be required by the pretreatment coordinator; and

(4)

An application fee of $500, to be submitted along with the completed permit application. This fee may be amended by resolution of the Township Supervisors or Borough Council.

A municipal wastewater discharge permit shall contain the following conditions:

(1)

A requirement for the municipal user to adopt a sewer use ordinance which is at least as stringent as this Part 3 and local limits which are at least as stringent as those set out in § 18-302, Subsection 4, of this Part. Such ordinance and limits must be revised as necessary to reflect changes made to the Township's or Borough's sewer use ordinance and/or local limits.

(2)

A requirement for the municipal user to submit a revised user inventory on at least an annual basis.

(3)

A requirement for the municipal user to conduct pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, or authorize the POTW to take or conduct such activities on its behalf.

(4)

A requirement for the municipal user to provide the pretreatment coordinator with access to all information that the municipal user obtains as part of its pretreatment activities.

(5)

Limits on the nature, quality, and volume of the municipal user's wastewater at the point where it discharges to the POTW.

(6)

Requirements for monitoring the municipal user's discharge.

(7)

A provision ensuring the pretreatment coordinator access to the facilities of users located in the municipal user's jurisdiction for the purpose of inspection, sampling, and any other duties deemed necessary by the pretreatment coordinator.

Violation of the terms and conditions of the municipal user's wastewater discharge permit subjects the municipal user to the sanctions set out in §§ 18-311 through 18-313 of this Part.

Commercial Wastewater Discharge Permit. In the event that a commercial user contributes all or a portion of its wastewater to the POTW, the pretreatment coordinator may require such commercial user to apply for and obtain a commercial wastewater discharge permit. The Township or Borough may require a commercial user to have a discharge permit if, in the opinion of the Township or Borough it is necessary in order for the Township or Borough to operate and maintain the POTW and meet its NPDES requirements.

A commercial wastewater discharge permit application shall include:

(1)

A description of the quality and volume of the wastewater at the point where it enters the POTW.

(2)

Such information as may be required by the pretreatment coordinator.

(3)

An application fee of $500, to be submitted along with the completed application. This fee may be updated by resolution of the Township Supervisors.

A commercial wastewater discharge permit may include but not be limited to the following:

(1)

Grease trap cleaning requirements.

(2)

Flow requirements.

(3)

Recycling requirements.

(4)

A provision ensuring the pretreatment coordinator access to the facility during normal hours of business for the purpose of inspection and sampling.

Violation of the terms and conditions of the commercial user's wastewater discharge permit subjects the commercial user to the sanctions set out in §§ 18-312 through 18-314 of this Part.

10.

Special Use Discharge Permit. In the event that a user contributes all or a portion of its wastewater to the POTW and the user is not considered industrial, commercial, or domestic, the pretreatment coordinator may require such user to apply for and obtain a special use discharge permit. The Township or Borough may require a user to have a special use discharge permit if, in the opinion of the Township or Borough, it is necessary in order to operate and maintain the POTW and meet its NPDES requirements.

A special use discharge permit application shall include:

(1)

A description of the quality and volume of the wastewater at the point where it enters the POTW.

(2)

Such information as may be required by the pretreatment coordinator.

(3)

An application fee of $500, to be submitted along with the completed application. This fee may be updated by resolution of the Township Supervisors.

A special use discharge permit may include but not be limited to the following:

(1)

Grease trap cleaning requirements.

(2)

Flow requirements.

(3)

Recycling requirements.

(4)

A provision ensuring the pretreatment coordinator access to the user's facility during normal hours of business for the purpose of inspection and sampling.

Violations of the terms and conditions of the special use discharge permit subjects the special user to the sanctions set out in §§ 18-312 through 18-314 of this Part.

§ 18-307 Reporting Requirements.

[Ord. 3-2011, 6/6/2011]

Baseline Monitoring Reports.

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 be required to submit to the pretreatment coordinator a report which contains the information listed in Subsection 1B 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 be required to submit to the pretreatment coordinator a report which contains the information listed in Subsection 1B below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

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 10 of this section.

(c)

Sampling must be performed in accordance with procedures set out in Subsection 11 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 2 of this section.

(8)

Signature and Certification: All baseline monitoring reports must be signed and certified in accordance with § 18-305, Subsection 6, of this Part 3.

Compliance Schedule Progress Report. The following conditions shall apply to the schedule required by Subsection 1B(7) of this section:

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include but are not limited to hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation).

No increment referred to above shall exceed nine months.

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.

In no event shall more than nine months elapse between such progress reports to the pretreatment coordinator.

Report 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 1B(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 § 18-305, Subsection 6, of this Part.

Periodic Compliance Reports.

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 § 18-305, Subsection 6, of this Part.

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.

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the pretreatment coordinator, using the procedures prescribed in Subsection 11 of this section, the results of this monitoring shall be included in the report.

Report of Changed Conditions. Each user must notify the pretreatment coordinator of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

The pretreatment coordinator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 18-305, Subsection 6, of this Part 3.

The pretreatment coordinator may issue a wastewater discharge permit under § 18-305, Subsection 7, of this Part 3 or modify an existing wastewater discharge permit under § 18-306, Subsection 4, of this Part 3 in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes include but are not limited to flow increases of 10% or greater, the discharge of any previously unreported pollutants, and changes affecting the potential to cause a slug discharge.

Reports of Potential Problems.

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.

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, civil penalties, or other liability which may be imposed pursuant to this Part 3.

Failure to notify the pretreatment coordinator of potential problem discharges shall be deemed a violation of this Part 3.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection 6A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

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.

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 the pretreatment coordinator monitors at the user's facility at least once a month or if the pretreatment coordinator samples between the user's initial sampling and when the user receives the results of this sampling.

Notification of the Discharge of Hazardous Waste. The discharge of hazardous waste into the sewer system is prohibited.

10.

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

11.

Sample Collection.

Except as indicated in Subsection 11B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the pretreatment coordinator may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals must be obtained using grab collection techniques.

12.

Timing. Written reports will be deemed to have been submitted on the date post-marked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

13.

Recordkeeping. Users subject to the reporting requirements of this Part 3 shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part 3 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, including records associated with BMPs. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the date(s) analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Township or where the user has been specifically notified of a longer retention period by the pretreatment coordinator.

§ 18-308 Compliance Monitoring.

[Ord. 3-2011, 6/6/2011]

Right of Entry: Inspection and Sampling. The pretreatment coordinator shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Part 3 and any permit or order issued hereunder. Users shall allow the pretreatment coordinator ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the pretreatment coordinator will be permitted to enter without delay for the purposes of performing specific responsibilities.

The pretreatment coordinator shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The pretreatment coordinator may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated quarterly to ensure their accuracy, and certificates of calibration shall be sent to the pretreatment coordinator.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the pretreatment coordinator and shall not be replaced. The costs of clearing such access shall be borne by the user.

Unreasonable delays in allowing the pretreatment coordinator access to the user's premises shall be a violation of this Part 3.

Search Warrants. If the pretreatment coordinator has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Part 3, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Township or Borough designed to verify compliance with this Part 3 or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the pretreatment coordinator may seek issuance of a search and/or seizure warrant from the Lebanon County Court.

§ 18-309 Confidential Information.

[Ord. 3-2011, 6/6/2011]

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the pretreatment coordinator'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.

§ 18-310 Publication of Users in Significant Noncompliance.

[Ord. 3-2011, 6/6/2011]

The pretreatment coordinator shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, 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:

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, average limit, or instantaneous limit for the same pollutant parameter by any amount;

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 equal or exceed the product of the daily maximum limit, the average limit, or the instantaneous limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

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);

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 his emergency authority to halt or prevent such a discharge;

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;

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;

Failure to accurately report noncompliance; or

Any other violation(s), which may include a violation of BMPs, which the pretreatment coordinator determines will adversely affect the operation or implementation of the local pretreatment program.

§ 18-311 Administrative Enforcement Remedies.

[Ord. 3-2011, 6/6/2011]

Notification of Violation. When the pretreatment coordinator finds that a user has violated (or continues to violate) any provision of this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the pretreatment coordinator may serve upon that user a written notice of violation. Within seven days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the pretreatment coordinator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the pretreatment coordinator to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent Orders. The pretreatment coordinator may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections 4 and 5 of this section and shall be judicially enforceable.

Show-Cause Hearing. The pretreatment coordinator may order a user which has violated or continues to violate any provision of this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement to appear before the pretreatment coordinator and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user, specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show-cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance Orders. When the pretreatment coordinator finds that a user has violated or continues to violate any provision of this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the pretreatment coordinator may issue an order to the user responsible for the discharge directing that the user come into compliance within 15 days. If the user does not come into compliance within 30 days, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Cease-and-Desist Orders.

When the pretreatment coordinator finds that a user has violated (or continues to violate) any provision of this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the pretreatment coordinator may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1)

Immediately comply with all requirements; and

(2)

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Administrative Fines.

When the pretreatment coordinator finds that a user has violated or continues to violate any provision of this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the pretreatment coordinator may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

Unpaid charges, fines, and penalties shall, after 15 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties. The pretreatment coordinator may bring an action in equity before the Court of Common Pleas of Lebanon County, Pennsylvania, to require compliance and to recover any amounts due.

Users desiring to dispute such fines must file a written request for the pretreatment coordinator to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where a request has merit, the pretreatment coordinator may convene a hearing on the matter. In the event that the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The pretreatment coordinator may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. In any action, the Township may recover court costs and attorneys' fees.

Emergency Suspensions.

The pretreatment coordinator may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The pretreatment coordinator may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment.

(1)

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the pretreatment coordinator may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The pretreatment coordinator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the pretreatment coordinator that the period of endangerment has passed, unless the termination proceedings in Subsection 8 of this section are initiated against the user.

(2)

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the pretreatment coordinator prior to the date of any show-cause or termination hearing under Subsections 3 and 8 of this section.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

Termination of Discharge.

In addition to the provisions in § 18-305, Subsection 7, of this Part, any user who violates the following conditions is subject to discharge termination:

(1)

Violation of wastewater discharge permit conditions;

(2)

Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3)

Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

(4)

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or

(5)

Violation of the pretreatment standards in § 18-302 of this Part.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection 3 of this section why the proposed action should not be taken. Exercise of this option by the pretreatment coordinator shall not be a bar to, or a prerequisite for, taking any other action against the user.

§ 18-312 Judicial Enforcement Remedies.

[Ord. 3-2011, 6/6/2011]

Injunctive Relief. When the pretreatment coordinator finds that a user has violated (or continues to violate) any provision of this Part 3, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the pretreatment coordinator may petition the Lebanon County Court through the Township's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Part 3 on activities of the user. The pretreatment coordinator may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. In such proceedings, the Township may collect its attorney's fees and costs.

Civil Penalties.

An industrial user who willfully or negligently violates any pretreatment standards and/or requirements may be assessed a civil penalty by the pretreatment coordinator in an amount not to exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct offense under this section.

For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pretreatment standard or requirement shall be treated as a single violation as required by the Federal Water Pollution Control Act.

In addition to the civil penalty, the pretreatment coordinator may recover the costs for reestablishing the operation of the POTW.

The pretreatment coordinator shall include as part of the notice of an assessment of civil penalties a description of the appeals process to be followed, including the name, address, and telephone number of the person responsible for accepting such appeal.

The Township Supervisors shall publicly adopt a formal, written civil penalty assessment policy and make it publicly available. Each industrial discharger participating in the pretreatment program shall be given written notice of the policy. In developing the penalty assessment policy, the publicly owned treatment works shall consider damage to air, water, land, or other natural resources of this commonwealth and their uses; cost of restoration and abatement; savings resulting to the person in consequence of the violation; history of past violations; deterrence of future violations; and other relevant factors.[1]

[1]

Editor’s Note: Said policy is set forth in Part 6 of this chapter.

Civil penalties collected pursuant to this Part 3 shall be placed in a restricted account and shall only be used by the publicly owned treatment works 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 publicly owned treatment works by the federal or state government for violation of pretreatment standards, for the costs incurred by the publicly owned treatment works 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.

The industrial user charged with the penalty shall have 30 days to pay the proposed penalty in full, or, if the industrial user wishes to contest either the amount of the penalty or the fact of the violation, the industrial user must file an appeal within 30 days pursuant to 2 Pa.C.S.A. (relating to administrative law and procedure). Failure to appeal within this period shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. In the event of an appeal, the Township Supervisors shall conduct a hearing and decide the appeal as provided by administrative law and procedure. In the event, after hearing and decision, that the industrial user wishes to make a further appeal, it may do so by filing an appropriate appeal to the Court of Common Pleas of Lebanon County within 30 days of the final order of the Township Supervisors.

Criminal Prosecution.

A user who violates any provision of this Part 3, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a summary offense and be subject to a fine of not more than $1,000 per violation, per day.

A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a summary offense and be subject to a fine not more than $1,000. This fine shall be in addition to any other cause of action for personal injury or property damage available under state law.

A user who knowingly made any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Part 3, a wastewater discharge permit, or order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this Part 3 shall, upon summary conviction, be punished by a fine of not more than $1,000 per violation per day.

Remedies Nonexclusive. The remedies provided for in this Part 3 are not exclusive. The pretreatment coordinator may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Township's Emergency Operations Plan. However, the pretreatment coordinator may take other action against any user when the circumstances warrant. Further, the pretreatment coordinator is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.

§ 18-313 Supplemental Enforcement Action.

[Ord. 3-2011, 6/6/2011]

Performance Bonds. The pretreatment coordinator may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Part 3, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the Township, in a sum not to exceed a value determined by the pretreatment coordinator to be necessary to achieve consistent compliance.

Liability Insurance. The pretreatment coordinator may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Part 3, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

Water Supply Severance. Water service to a user may be severed whenever a user violates any provision of this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement. Service will recommence, at the user's expense, after the user has demonstrated the ability to comply with this Part 3.

Informant Rewards. The pretreatment coordinator may pay up to $100 for information leading to the discovery of noncompliance by a user. In the event that the information provided results in an administrative fine or civil penalty levied against the user, the pretreatment coordinator may disperse up to 10% of the collected fine or penalty to the informant. However, a single reward payment may not exceed $100.

Contractor Listing. Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the Township. Existing contracts for the sale of goods or services to the Township held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the pretreatment coordinator.

§ 18-314 Affirmative Defenses to Discharge Violations.

[Ord. 3-2011, 6/6/2011]

Upset.

For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection 1C are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating lots, or other relevant evidence, that:

(1)

An upset occurred and the user can identify the cause(s) of the upset;

(2)

The facility was at the time being operated in a prudent and work-manlike manner and in compliance with applicable operation and maintenance procedures; and

(3)

The user has submitted the following information to the pretreatment coordinator and treatment plant operator within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

(a)

A description of the indirect discharge and cause of noncompliance;

(b)

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(c)

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 18-302, Subsection 1A, of this Part or the specific prohibitions in § 18-302, Subsection 1B, of this Part if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass-through or interference; or

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the Township or Borough was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable biosolids use or disposal requirements.

Bypass.

For the purposes of this section:

(1)

"Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility.

(2)

"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to be inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsection 3C and D of this section.

Notice.

(1)

If a user knows in advance of the need for a bypass, it shall submit prior notice to the pretreatment coordinator, at least 10 days before the date of the bypass, if possible.

(2)

A user shall submit oral notice to the pretreatment coordinator of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The pretreatment coordinator may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Prohibitions.

(1)

Bypass is prohibited, and the pretreatment coordinator may take an enforcement action against a user for a bypass, unless;

(a)

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(b)

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(c)

The user submitted notices as required under Subsection 3C of this section.

(2)

The pretreatment coordinator, after consulting with the Superintendent and/or the Township Supervisor and/or the consulting engineer, may approve an anticipated bypass, after considering its adverse effects, if they determine that it will meet the three conditions listed in Subsection 3D(1) of this section.

§ 18-315 Miscellaneous Provisions.

[Ord. 3-2011, 6/6/2011]

Pretreatment Charges and Fees. The Township or Borough may adopt reasonable fees for reimbursement of costs of setting up and operating the pretreatment program, which may include:

Fees for wastewater discharge permit applications, including the cost of processing such applications;

Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;

Fees for reviewing and responding to accidental discharge procedures and construction;

Fees for filing appeals; and

Other fees as the Township or Borough may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Part 3 and are separate from all other fees, fines, and penalties chargeable by the Township or Borough. All fees may be updated by resolution of the Township Supervisors or Borough Council.

Severability. If any provision of this Part 3 is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

Conflicts. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Part 3 are hereby repealed to the extent of the inconsistency or conflict.

§ 18-316 Determination of Charges for Strong Wastes.

[Ord. 3-2011, 6/6/2011]

Strong Waste Surcharges.

There shall be additional charges for wastes having concentrations of BOD, suspended solids, dissolved solids, and phosphorus in excess of the average concentration of these pollutants in normal domestic waste. Normal domestic waste shall be considered has having the following concentrations:

(1)

BOD: 300 mg/l.

(2)

Suspended solids: 250 mg/l.

(3)

Dissolved solids: 500 mg/l.

(4)

Phosphorus: 6.6 mg/l.

(5)

Ammonia nitrogen: 25 mg/l.

Maximum acceptable wastewater strength concentrations are as follows:

(1)

BOD: 900 mg/l.

(2)

Suspended solids: 750 mg/l.

(3)

Dissolved solids: 1,500 mg/l.

(4)

Phosphorus: 19.8 mg/l.

(5)

Ammonia nitrogen: 75 mg/l.

Strong Waste Surcharge Formula.

In order to determine the additional charges for wastes with strength greater than that of domestic waste, the following formula shall be used:

	S_Q = 0.00834 Q₁ [(BOD₁-300) TC_BOD + (SS₁-250) TC_SS + (DS₁-500) TC_DS + (P₁-6.6) TC_P + (NH₃N₁-25) TC_NH3N]
	Where:
		SQ is the quarterly surcharge to be added to the normal sewer rent.
		0.00834 is a constant to convert waste concentrations expressed in mg/l to thousands of pounds of waste.
		Q1 is the quarterly waste flow expressed in million gallons.
		BOD1, SS1, DS1, P1, and NH3N1 are the respective concentrations of BOD5, suspended solids, dissolved solids, phosphorus, and ammonia nitrogen of the waste expressed in mg/l.
		300, 250, 500, 6.6, and 25 are constants which express the waste load concentrations in mg/l for normal domestic wastes.
		TCBOD is the treatment cost incurred by the Township or Borough as updated when necessary per 1,000 pounds of BOD.
		TCSS is the treatment cost incurred by the Township or Borough as updated when necessary per 1,000 pounds of suspended solids.
		TCDS is the treatment cost incurred by the Township or Borough as updated when necessary per 1,000 pounds of dissolved solids.
		TCP is the treatment cost incurred by the Township or Borough as updated when necessary per 1,000 pounds of phosphorus.
		TC_NH3N is the treatment cost incurred by the Township or Borough as updated when necessary per 1,000 pounds of ammonia nitrogen.

When a value of BOD, suspended solids, dissolved solids, phosphorus, and/or ammonia nitrogen is less than the normal domestic waste concentration set forth in the strong waste surcharge formula, then the normal domestic waste concentration shall be used in the calculation of strong waste surcharge.

Additional Surcharges. The formula specified in Subsection 2 of this section is to determine additional charges or surcharges for the treatment of wastes having concentrations of BOD, suspended solids, dissolved solids, phosphorus, and ammonia nitrogen in excess of those of domestic waste. It is, however, recognized that the discharge of any waste or other matter or substance containing any one of the prohibited substances listed in § 18-302, Subsection 1, may result in extraordinary laboratory, labor, maintenance and/or treatment expenses to the Township or Borough. Hence, in the event of the discharge of any wastes or other matters or substance containing any one of the prohibited substances listed in § 18-302, Subsection 1 or 4, multiplied by the TRC, the Township or Borough shall have the power to bill the owner of the property from which such discharge is made an additional surcharge of $300. Each day that such discharge is made shall result in a separate additional surcharge of $300. This $300 charge shall be in addition to the normal sewer rental and/or any strong waste surcharge as incurred under Subsection 2 of this section.

Methods of Payment of Extra Charges by Industrial Users. The strong waste surcharge shall be paid quarterly. The Township or Borough shall cause the water meter of each industrial user where the wastewater flow determination is based upon metered water consumption, and the wastewater meter where the wastewater flow determination is based upon wastewater flow measurement, to be read on a quarterly basis, and the Township or Borough shall cause strong waste surcharge bills to be mailed forthwith following each reading.

The Township or Borough shall cause periodic sampling of the wastewater discharged by each industrial user in accordance with § 18-317, Subsection 1, of this Part.

The analysis of the sample shall be the basis for computing strong waste surcharges.

Bills for strong waste surcharge shall be mailed to the owner's address specified on the industrial waste permit. Failure to receive a bill as a result of incorrect address or otherwise shall not excuse nonpayment of charges or extend the time for payment.

New Industrial Users. A new industrial user is one which connects to the treatment works after the effective date of this section. Strong waste surcharge payments by a new industrial user shall begin on the date treatment works use is initiated and continue indefinitely.

§ 18-317 Measurement of Concentration of Industrial Waste.

[Ord. 3-2011, 6/6/2011]

Industrial Waste Sampling.

Industrial wastes being discharged into the sewer system shall be subject to sampling and inspection, to be used as a basis for determining additional charges due to excessive concentrations of BOD, suspended solids, dissolved solids, phosphorus, ammonia nitrogen, and/or substances prohibited in § 18-302, Subsection 1, of this Part. Such sampling and inspection shall be made by the Township or Borough as frequently as may be deemed necessary. The analysis of the sample so obtained shall be the basis for computing additional charges in accordance with § 18-316, Subsection 3, of this Part. The cost of such sampling and testing thereof shall be borne by the user.

The industrial user may request that samples be taken in addition to the samples taken by the Township. The cost of making this collection and analysis shall be borne by the owner.

Samples and the analysis of samples shall be made in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

Control Manhole. When required by the Township or Borough, the industrial user shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the waste. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Township or Borough. The manhole shall be installed by the property owner, at his expense, and shall be maintained by him so as to be safe and accessible at all times.

§ 18-318 Measurement of Volume of Industrial Waste.

[Ord. 3-2011, 6/6/2011]

Whenever a person purchasing his entire water supply from a water purveyor discharges only industrial waste into the sewer system, the volume of water purchased may be used as a measure of the quantity of industrial waste discharged.

Whenever a person purchasing his entire water supply from a water purveyor discharges combined domestic waste and industrial waste into the sewer system, the volume of water purchased chargeable as industrial waste shall be the total volume of water purchased less the volume determined to be domestic waste. The domestic waste shall be determined by the Township or Borough in either of the following two ways:

Actual measured flow; or

By multiplying the average number of employees in the establishment during the preceding billing period by 10 gallons per day.

Whenever a person purchasing his entire water supply from a water purveyor and discharging industrial waste into the sewer system also discharges unpolluted cooling water to either a separate storm sewer or other outlet, an allowance for the amount of water so discharged shall be made in computing the sewer charges. The person so discharging cooling water shall, at his own expense, install a meter or meters, as required, to indicate accurately and to the satisfaction of the Township or Borough the amount of water claimed as a credit.

The Township or Borough shall be responsible for the reading of water and/or sewage meters when installed in industrial establishments within its jurisdiction. All meters shall be installed at a location approved by the Township or Borough. All meters shall be accessible to the Township or Borough at all times.

§ 18-319 Access.

[Ord. 3-2011, 6/6/2011]

The Township or Borough shall have the right of access to any part of any improved property served by the POTW 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 or Borough through the POTW.