Township of Plymouth, PA Connections, Discharges and Use

Definitions.

PRIVATE SEWER SERVICE LATERAL

Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

COMPLIANCE

Whenever necessary, means compliance with the provisions of the Ordinance set forth herein, and any amendments thereto, as well as Plymouth Township Code of Ordinances, and all rules, regulations, and resolutions of the Township of Plymouth.

COUNCIL

The Plymouth Township Council.

EMPLOYEES

Whenever necessary, means and includes such employees and designated representative, or officials of the Township of Plymouth Township, as the Township shall, from time to time, designate and utilize in the making of the inspection and/or tests hereafter described in carrying out the duties as prescribed herein to be performed on behalf of the Township.

NOTICE

Advising when inspections and tests of the system should be performed by the Township.

The sewer pipe extending from a building to the sewer main, including the saddle connection, if any.

[Ord. No. 1615, § 1, 12-14-2015]

SUMP PUMP

Any pump connected to the private sewer service lateral, or to any lateral connected to the private sewer service lateral that is being used to pump ground stormwater into the sanitary sewer system.

SYSTEM

All facilities for collecting, pumping, and disposing of sanitary sewage, which are owned by the Township of Plymouth within the sanitary sewer service area of the Township of Plymouth.

TOWNSHIP

The Township of Plymouth.

TRANSFER

The transfer of title to real estate when sale or gift is intended and excluding transfers that occur for the following reasons:

Conversion: a change in an entity's form or organization, place of organization or name;

Financing transaction: when realty is transferred by the debtor solely for the purpose of serving as security for the payment of a debt; or when no sale or debt is intended;

Living trust is established;

Confirmatory deeds.

USER

The owner, lessee, or occupant of the property on which the buildings and/or appurtenances that are connected to the system are located.

Throughout this Ordinance, references to the singular shall include the plural, and vice versa, wherever required by the context.

Inspection required upon transfer of properties.

The seller of any property (residential or commercial) located in the Township, which is connected to the system shall be required to retain the services of a master plumber or utility contractor for the purposes of conducting an inspection of the property to ensure compliance with the provisions of this Ordinance; as well as the Township's rules, regulations, and resolutions. Said inspections shall also require a video inspection of the sanitary sewer lateral from the residence to the connection to the system to ensure compliance.

Should the lateral be found to be defective, based upon the Township's or Township's rules, regulations, and resolutions and/or sound engineering practice, the lateral pipe shall be replaced or realigned. In the sole discretion of the Township, limited permission for spot and/or minor repairs and maintenance may be granted. The pipe replacement/realigning/spot repair shall be performed by a master plumber or utility contractor in accordance Township Code of Ordinances requirements; as well as the Township's rules, regulations, and resolutions.

In the event that any transfer of title occurs without an inspection having being conducted and without the seller obtaining a certified report, the buyer or purchaser of the property shall be responsible for having the aforementioned inspection conducted and for the submission of the certified result to the Township.

This section shall not apply to transfer of newly constructed properties.

The Township upon payment of any application and inspection fee and, upon the Township's receipt and approval of the certification set forth in Subsection (b)(1) above, including a copy of the televised video inspection, the certification specifically certifying that there is no inflow and/or infiltration into the private sewer service lateral, nor any illegal connections and that the clean-out vent is capped and not damaged; the Township shall issue a private sewer service lateral inspection permit to the seller who shall deliver said permit to the buyer or purchaser of the property at the time of the sale or conveyance.

In the event that the property owner fails to replace the private sewer service lateral as required by Subsection (b)(2) above, the Township shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Township to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Township and property owner, the Township may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[2] and/or pursue other legal remedies for the collection of same.

[2]

Editor's Note: See 53 P.S. § 7101 et seq.

The property owner shall permit the designated employees or agents of the Township access during reasonable hours of the day to all parts of the property to make necessary inspections and observations.

Any notice to repair a sewer lateral issued as a result of an inspection under this Subsection (b), Inspection required upon transfer of properties, shall be in compliance with the Municipal Code and Ordinance Compliance Act, 68 P.S. § 1081 et seq., Act 99 of December 20, 2000, and any penalties under that Act shall be in addition to the penalties imposed by this ordinance.

Inspection required when Township intends to repair or replace conveyance line.

All users of the system shall upon notice from the Township that it intends to replace or repair a sewer conveyance line to which the user's private sewer service lateral is connected shall make an appointment, within thirty (30) days of being notified, with the Township to allow the user's private sewer service lateral to be inspected in accordance with the terms and conditions set forth herein; in accordance with the terms and conditions of the Ordinances of the Township and the standard specifications governing connection to and use of the sanitary sewage collection system of the Township including, but not limited to, the requirements set forth herein; the requirements of Township Code of Ordinances; as well as the rules, regulations, and resolutions of the Township.

If, upon completion of an inspection, the lateral is found to be defective, based upon the Township's rules, specifications, regulations, and resolutions and/or sound engineering practice, the lateral pipe shall be replaced or realigned. At the sole discretion of the Township, limited permission for spot and/or minor repairs and maintenance may be granted. The pipe replacement/realigning/spot repair shall be performed by a master plumber or utility contractor in accordance with Township Code of Ordinances; as well as the rules, regulations, and resolutions of the Township.

The purpose of the inspection required by this Ordinance is to locate any inflow and infiltration into the private sewer service lateral; to make sure that there are not any holes or damage in or to the private sewer service lateral; to verify that all clean-outs and/or vents are properly capped and not damaged; and to identify any clay or older private sewer service laterals.

The Township shall not charge the user for the inspection required by this section.

In the event that the property owner fails to replace the private sewer service lateral as required by Subsection (c)(2) above, the Township shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Township to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Township and property owner, the Township may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[3] and/or pursue other legal remedies for the collection of same.

[3]

Editor's Note: See 53 P.S. § 7101 et seq.

Inspection required when the Township identifies problem laterals during routine inspection of the sanitary sewer system.

All users of the system shall upon notice from the Township that it intends to perform inspections of the sanitary sewer system in their area shall make an appointment, within thirty (30) days of being notified, with the Township to allow the user's private sewer service lateral to be inspected in accordance with the terms and conditions of the Ordinances of the Township and the standard specifications governing connection to and use of the sanitary sewage collection system of the Township including, but not limited to, the requirements as set forth herein Township Code of Ordinances; as well as the rules, regulations, and resolutions of the Township.

If upon completion of an inspection the lateral is found to be defective, based upon the Township's rules, specifications, regulations, and resolutions and/or sound engineering practice, the lateral pipe shall be replaced or realigned. In the sole discretion of the Township, limited permission for spot and/or minor repairs and maintenance may be granted. The pipe replacement/realigning/spot repair shall be performed by a master plumber or utility contractor in accordance with Township Code of Ordinances; as well as the rules, regulations, and resolutions of the Township.

The Township shall not charge the user for the inspection required by this Subsection (d).

In the event that the property owner fails to replace the private sewer service lateral as required by Subsection (d)(2) above, the Township shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Township to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Township and property owner, the Township may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[4] and/or pursue other legal remedies for the collection of same.

[4]

Editor's Note: See 53 P.S. § 7101 et seq.

Maintenance, repair and replacement of clean-outs. At all times it shall be the responsibility of the user to maintain, repair, and replace all the clean-outs along his/her private sewer service lateral, including the clean-out at the right-of-way, or curbline, or the edge of the pavement, whichever applies.

Noncompliance.

In the event a user refuses to comply with any of the terms or conditions of Subsections (b) through (e) to all other charges authorized and imposed under any applicable resolutions of the Township commencing at the next billing period following the date of such failure to comply, should a user continue to refuse to comply for a period of sixty (60) days after the final notice of noncompliance, the surcharge shall be increased to fifty dollars ($50.00) per month. These fees may be amended from time to time by resolution of the Township Council.

In the event a user complies with the inspection requirements of Subsections (b) through (e) above, and the Township determines that the buildings and/or appurtenances of said user are not in compliance, then and in such event, the Township by its designated employee shall provide written notice to the user, who shall be required to commence compliance with the applicable provisions set forth herein; Plymouth Township Code of Ordinances; as well as the rules, regulations, and resolutions of the Township, within forty-five (45) days of the date of the notice.

In the event that the building and/or appurtenances of the user is still determined not to be in compliance with the ordinance set forth herein, and any amendments thereto, Plymouth Township Code of Ordinances, or the rules, regulations, and resolutions of the Township, and the time period for the commencement of corrective work expires, and the user refuses or fails to bring the buildings and/or appurtenances in compliance with the Ordinance, a surcharge of fifty dollars ($50.00) per month as per Subsection (f)(1) per billing account for such user shall be imposed, in addition to all other charges authorized and imposed under any applicable resolutions of the Township commencing at the next billing period following the date of the inspection or testing by the Township or such noncompliance was determined, for permitting such violation to continue to exist. These fees may be amended from time to time by resolution of the Township Council.

The surcharge referred to herein shall be removed only upon the following conditions:

The user utilizing the system executes a grant of inspection to the Township; and

The Township or its authorized agents inspects and/or performs tests on the building and/or appurtenances connected to the system and determines that the buildings and/or appurtenances connected to the system are compliant; or

Under any of these conditions, surcharges will continue to be billed to the user until the date when the buildings and/or appurtenances in question are determined to be in compliance.

In the event a user is found to be in compliance and subsequent inspections and/or tests determine that noncompliance now exists, the terms and provisions of Subsection (f) shall be applicable, except that in addition to the surcharge being charged in accordance with Subsection (f)(3), if any, the user shall also be liable for the payment of a sum equal to the number of the months since the original determination of compliance was made, multiplied by the monthly surcharge amount provided for in Subsection (f)(3), for knowingly, willfully and/or intentionally creating or permitting such violation to commence and continue. A noncompliance reoccurs when a reconnection of a sump pump or other prohibited connection is discovered with the performance of a subsequent inspection.

Penalty for noncompliance. In the event a user is found to be in a state of noncompliance of a second or subsequent time, then the user shall be liable for the payment of a sum equal to one thousand dollars ($1,000.00) per day, plus an amount equal to the sum of the months since the original noncompliance was corrected (and if never corrected, from the date of such noncompliance determination), multiplied by the monthly surcharge amount provided for in Subsection (f)(1) or (c), for knowingly, willfully, and/or intentionally permitting such violation to commence and continue.

Violations. Any user violating any of the provisions of this Ordinance shall be liable to the Township and/or the Township for any expenses, costs, and fees including, but not limited to, reasonable attorney's fees, occasioned or caused to the Township by reason of seeking enforcement of such Ordinance against the violator, as well as for any losses or damages occasioned or caused to the Township by reason of such violation.

Remedies. The Township shall have full power and Township to invoke any legal, equitable, or special remedy for the enforcement of this Ordinance.

Supplemental Ordinance. This Ordinance shall be deemed supplemental to all other ordinances and provisions thereof for enforcement and compliance purposes, and shall not be deemed to amend or rescind said other ordinances and provisions; further that any fines, fees, charges, or penalties levied or imposed pursuant to this Ordinance shall be in addition to any fines, fees, charges, or penalties levied or imposed pursuant to all other ordinances and provisions thereof.

(k)

The provisions of this Ordinance shall be deemed severable, and should any section or part hereof be deemed invalid or unenforceable by the Courts of the Commonwealth of Pennsylvania, such section, clause, sentence, or provision shall be deemed stricken and the invalid or unenforceable part shall not affect the validity or enforceability of any other part or parts of this Ordinance which can be given effect without such part or parts as may be so deemed invalid or unenforceable.

(l)

Effective date. This Ordinance shall be effective on the 31st day following adoption.

[1]

Editor's Note: Ordinance No. 995, § 3, adopted June 13, 1988, repealed § 23-27, which set out definitions relative to connections, discharges and uses of the township's sewers and sewage disposal system, and which derived from Art. I, §§ 1—35 of Ord. No. 813, adopted April 9, 1979.

Sec. 23-28 General requirements; prohibitions.

[Ord. No. 813, Art. II, §§ 1—3, 4-9-1979]

Unsanitary deposits on private property. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Township of Plymouth, or in any area under the jurisdiction of said township, any human or animal excrement, garbage or objectionable waste.

Unsuitable discharge of waste water or other polluted waters. It shall be unlawful to discharge to any natural outlet within the Township of Plymouth, or in any area under the jurisdiction of said township, any waste water or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this division.

Connection to public sewer required. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the township and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the township, is hereby required at the owner's (owners') expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer, in accordance with the provisions of this division, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (thirty and five-tenths (30.5) meters) of the property line.

Sec. 23-29 Building sewers and connections.

[Ord. No. 813, Art. III, §§ 1—14, 4-9-1979; Ord. No. 1097, § 1, 3-9-1992]

Permit required. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.

Classes of permits; fees. There shall be two (2) classes of building sewer permits:

For residential and commercial service; and

For service to establishments producing industrial wastes.

In either case, the owner(s) or his agent shall make application on a special form furnished by the township. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent and/or the authority. A permit and inspection fee of one hundred dollars ($100.00) for a residential or commercial building sewer permit and one hundred dollars ($100.00) for an industrial building sewer permit shall be paid to the township at the time the application is filed. All building sewer permit applications under (2) above, shall be reviewed and approved, in writing, by the authority prior to permit issuance.

Costs of connection, maintenance, repair or replacement; indemnification.

[Ord. No. 1615, § 2, 12-14-2015]

All costs and expenses incidental to the installation and connection of the building sewer line shall be the responsibility of and paid by the owner(s) of the property. Except as set forth in the paragraph immediately below, all costs and expenses incidental to the maintenance, repair or replacement of that portion of the building sewer line running between the house or building on a property and the sewer main (including the saddle connection, if any) shall be the responsibility of and be paid by the owner(s) of such property. The owner(s) shall indemnify the Township from any loss or damage that may directly or indirectly be occasioned by the installation, connection, maintenance, repair or replacement of the building sewer line.

The owner(s) of such property or property serviced by the said sewer line shall not be responsible for the costs and expenses of the maintenance, repair or replacement of that portion of the building sewer line running between the right-of-way line on a property and the sewer main (including the saddle connection, if any) caused by structural damage, provided the property owner did not cause the structural damage (e.g., roots, misuse by or other blockage caused by the property owner). "Structural damage" is defined as any damage to the private sewer service lateral that is the direct result of road settling or the like or any act of others (e.g., utility repairs such as water, gas, electric, etc.). The presence of structural damage is determined by and within the sole discretion of the Township.

Separate building sewer for each building. A separate and independent building sewer shall be provided for every building.

Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this division.

Standards for construction materials. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the township. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

Height of sewer connection. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

Approval of connections by superintendent. No person(s) shall make connection of sump pumps, roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage.

Connection standards; tests; approval of deviations. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the township, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

Superintendent to supervise connection and testing. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the superintendent or his representative.

(k)

Barricades around installation sites; restoration of property. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the township.

(l)

Bond required. No excavation, construction or connection work shall be commenced within an authorized right-of-way until the owner, his agents and/or independent contractor shall have first filed a bond in double the amount of the cost of the work to be performed to be determined by the authority, agreeing to indemnify and save harmless the authority against any and all loss, damages, costs and expenses which the authority may thereafter suffer, incur, be put to or pay by reason of the failure to complete properly any of the aforesaid excavation, construction or connection work. The term "owner," as used herein, shall be deemed to include the owner or owners in fee simple, lessees of the premises, occupiers of the premises and all other parties having a beneficial use or interest in the premises and occupying the same with the consent and permission of the owner of the fee title.

(m)

Time limit for sewer to remain open. In the process of installing and connecting a building sewer to a sanitary sewer, no sanitary sewer shall remain open to inflow of groundwater, surface water and/or stormwater for more than ten (10) hours.

(n)

Capping of unused connection points. Sanitary sewers installed with unused points of connection for building sewers shall have said points of connection capped for watertight integrity prior to connection of the building sewer. The method of capping shall be one approved by the superintendent.

Sec. 23-30 Use of public sewers; prohibited discharges enumerated; structural, information requirements.

[Ord. No. 813, Art. IV, §§ 1—10, 4-9-1979]

Discharge of unpolluted waters prohibited. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer.

Prohibited waters and wastes. No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the waste water treatment plant.

Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the waste water works.

Solid viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the waste water facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

Permitted limited discharges. The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, waste water treatment process or equipment, will not otherwise endanger lives, limb, public property, or consideration [given] to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the waste water treatment process employed, capacity of the waste water treatment plant, degree of treatability of the waste in the waste water treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or waste waters discharged to sanitary sewer which shall not be violated without written approval of the superintendent and the authority are as follows:

Waste water having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius).

Waste water containing more than twenty-five (25) milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

Waste water containing more than one hundred (100) milligrams per liter of oil, greases, or fats of an animal or vegetable origin.

Waste water from industrial plants containing floatable oils, fat or grease.

Any garbage that has not been properly shredded (see section 23-27). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places, where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

Any waters or wastes containing concentrations and/or quantities of the following substances higher than the limits shown below:

	mg/l	Grams/EDU/Day
Arsenic	0.1	0.133
Barium	2.0	2.652
Boron	1.0	1.326
Cadmium	0.02	0.027
Chrome (total)	1.0	1.326
Chrome (Hexavalent)	0.1	0.133
Copper	0.5	0.663
Cyanide	0.2	0.265
Fluoride	4.0	5.305
Iron	5.0	6.631
Lead	0.1	0.133
Mercury	0.005	0.007
Nickel	1.0	1.326
Selenium	0.02	0.027
Silver	0.10	0.133
Zinc	1.0	1.326
Endrin	0.0004	0.0005
Lindane	0.008	0.011
Methoxychlor	0.2	0.265
Toxaphene	0.01	0.013
2, 4-D	0.2	0.265
2, 4, 5-TP Silvex	0.02	0.027

Any waters or waste containing an odor-producing substance, which either singularly or by interaction with other waste, is capable of creating a public nuisance, or hazard to life, or which prevents entry into sewers for their inspection, maintenance and repair.

Any radioactive wastes or isotopes.

(9)

Quantities of flow, concentrations, or both which constitute a "slug," as defined herein.

(10)

Waters or wastes containing substances which are not amenable to treatment or reduction by the waste water treatment processes employed, or are amenable to treatment only to such degree that the waste water treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(11)

Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(12)

Any water or waste which contains concentrations and/or quantities of the following substances higher than the limits shown below:

	mg/l	Grams/EDU/Day
Ammonia-Nitrogen	25	33
BOD	250	331
Phosphate	30	40
Suspended Solids	250	331
TKN	40	53
TDS	750	993

Remedies for violation. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection (c) hereof, and which in the judgment of the superintendent and/or authority, may have a deleterious effect upon the waste water facilities, processes, equipment or disposal of residuals produced therein or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the superintendent and/or authority may:

Reject the wastes;

Require pretreatment to an acceptable condition for discharge to the public sewers;

Require control over the quantities and rates of discharge; and/or

Require payment to cover added costs of handling and treating the wastes not covered by existing taxes or sewer charges.

When considering the above alternatives, the superintendent shall give consideration to the economic impact of each alternative on the discharger as well as the impact on the waste water facilities. If the superintendent and the authority permit the pretreatment and/or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and the authority.

Interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent and/or the authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in subsection (c)(4) hereof, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent and the authority, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the superintendent and the authority. Any removal and hauling of the collected materials not performed by owner's personnel must be performed by currently licensed waste disposal firms.

Inspection of facilities. Where pretreatment or flow-equalizing facilities are provided or required for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. Furthermore, pretreatment or flow-equalizing facilities may be inspected by the superintendent, the authority and/or their duly authorized representatives without notice to the owner.

Construction of observation structure. When required by the superintendent or the authority, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the superintendent and the authority. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

Information required to determine compliance. The superintendent and/or the authority may require a user of sewer services to provide information needed to determine compliance with this division or the applicable local, state or federal laws, rules or regulations. These requirements may include:

Waste waters' discharge peak rate and volume records over a specified time period;

Laboratory analyses of waste waters;

Information on raw materials, processes, and products affecting waste water volume and quality;

Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control;

A plot plan of sewers of the user's property showing sewer and pretreatment facility locations;

Details of waste water pretreatment facilities;

Details of systems to prevent and control the losses of materials through spills to the municipal sewer; and

All costs incurred for the information described in this subsection (H) shall be paid by the user of the sewer services.

Measurements, tests, analyses to be in accordance with "standard methods." All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this division shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the superintendent and/or the authority.

Exceptions. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the township and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the township. However, all proposed special agreements must be reviewed and approved by the authority in writing, prior to their consummation.

Sec. 23-30.1 Oil and grease interceptors and traps.

[Added 1-13-2014 by Ord. No. 1581]

Purpose. The purpose of this section is to establish uniform requirements for oil and grease interceptor/trap systems and their maintenance to prevent the discharge of certain oils, grease, fats, grit and similar substances into the public sewer system and to establish permits and penalties for violations of this Ordinance.

FATS, OILS, AND GREASES (FOG)

Definitions. As used in this Ordinance, the following terms shall have the meanings indicated:

AUTHORIZED AGENT

An employee, consultant, or authorized representative who is delegated to function as an agent of the Plymouth Township Council to conduct inspections of grease interceptors and/or traps within Plymouth Township.

Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."

GREASE INTERCEPTOR

A plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils, and greases (FOG) from a wastewater discharge and is identified by volume, thirty-minute retention time, baffle(s), a minimum of two compartments, a minimum total volume of 1,000 gallons, and gravity separation. These interceptors are designed by a registered professional engineer. Gravity grease interceptors shall be installed outside unless the applicant receives written approval otherwise.

PERSON

Any individual, partnership, corporation, limited-liability company, or any other legal entity.

PROHIBITED DISCHARGE STANDARDS

The standards as described in the current Wastewater Discharge Standards of the receiving wastewater treatment plant and Plymouth Township. The maximum allowable concentration FOG shall not exceed 100 mg/l.

Applicability. The Ordinance shall apply to both new and existing facilities generating fats, oils, or greases as a result of food manufacturing, processing, preparation, or food service, and all such facilities shall install, use, and maintain appropriate grease interceptors as required by this Ordinance.

Wastewater that contains FOG shall be discharged into the sewer system only under the conditions of this Ordinance. The following facilities shall discharge all wastewater from sinks, dishwashers, drains, and any other fixtures through which grease may be discharged, into an adequately sized, properly maintained and functioning grease interceptor before the discharge enters the sanitary sewer system.

Every commercial food establishment.

All food courts.

Manufacturing processes that utilize or generate FOGs.

All other generators discharging grease in amounts that, in the opinion of an authorized agent, will, alone or in concert with other substances from the discharges of other facilities, have a reasonable chance to impede or stop the flow of the sewer system.

All vehicle repair facilities.

	All areas of intensified dwelling, including, but not limited to, adult day-care facilities, assisted living facilities, convalescent homes, day nursing and child-care facilities, in which food preparation occurs, homes for the mentally challenged, hotels, maternity homes, motels in which there is a commercial food preparation service, nursing homes, retirement and life care communities and homes, and truck stops with commercial food service, shall be required to have grease interceptors.
	Grease interceptors shall not be required for single-family residences, duplexes, triplexes, quadplexes, or apartment complexes, unless an authorized agent first determines there are discharges from the property that may create problems in the sewer system. The determination shall be made based upon an investigation of the property and a comparison of the content and amount of discharge from the property with the discharges of other properties similar in size and use. Upon a determination that the discharges will create problems in the sewer system, the authorized agent may require the installation of a sufficiently sized grease interceptor to treat the discharges.
	No user may intentionally or unintentionally allow the direct or indirect discharge of any fats, oils, or greases of animal or vegetable origin into the public sewer system in such amounts as to cause interference with the collection and treatment system, or as to cause pollutants to pass through the treatment works into the environment.

Permit requirements. It shall be unlawful for any existing facility or new facility required to have a grease interceptor to discharge wastewater without authorization in the form of a FOG permit. Application for a FOG permit shall be made to Plymouth Township. If, after examining the information contained in the FOG permit application, it is determined by an authorized agent that the proposed discharge does not conflict with the provisions of this Ordinance, or any other federal, state, or local requirement or regulation, a FOG permit shall be issued, at the same time the food establishment license is paid and issued, allowing the existing facility or new facility to discharge into the sewer system. A FOG permit shall be issued for a time not longer than one year and must be renewed when the food establishment license is renewed. The terms and conditions of the FOG permit may be subject to modification by Plymouth Township at any time during the term of the FOG permit as limitations or requirements as identified in this section are modified or other just causes exist. Any changes or new conditions in the FOG permit shall include a reasonable time schedule for compliance.

As a condition precedent to the granting of a FOG permit, the permittee agrees to hold harmless Plymouth Township or authorized agent from any liabilities arising from the permittee's operations under the FOG permit.

The generator shall apply to become permitted by fully completing and signing Plymouth Township's FOG permit application and paying the[1] a fee in an amount as established by resolution of the Plymouth Township Council. Such fee shall be payable to Plymouth Township and until all applicable fees, charges and expenses have been paid in full, the application shall be considered incomplete and no action shall be taken on any applications or appeal.

[1]

Editor's Note: So in original.

The FOG permit application shall include the following:

The generator's name, address and telephone number, and the name, address, and telephone number of the existing facility to be serviced, if different.

The name, title, address and phone number of each of the authorized signatory representatives.

The name of the contact person for the existing facility.

Name(s) on the water supply account(s), the water service account number(s), and a copy of the last water bill.

A description of any anticipated changes or expansions to the existing facility during the next three years that could alter wastewater volumes or characteristics.

The size of each existing grease interceptor, how often they are currently serviced and if any additives are used.

The current shift information.

A list of all major equipment used for food preparation.

The precise and unambiguous location of the grease interceptor(s) on the property, including a diagram if necessary.

A signature and date by an authorized signatory representative.

A copy of the FOG permit application can be obtained by contacting the Plymouth Township office at (610) 277-4103, Monday through Friday, between the hours of 8:30 a.m. and 4:30 p.m.

Fees. Fees for application, operation, enforcement, administration, and reimbursement of costs incurred pursuant to this Ordinance by an authorized agent(s) shall be adopted by resolution by the Plymouth Township Council from time to time.

Plymouth Township, with the approval of the Plymouth Township Council, may establish permit fees under this Ordinance.

The fees for such permits shall be for a permit issued for a period of one year. Plymouth Township may prorate the amounts for permits with shorter durations. All permits will expire at 12:00 midnight on the date specified on the permit as determined by Plymouth Township.

Exemptions. A person may apply for an exemption from the requirements of this ordinance if the facility can demonstrate that they do not produce FOG(s) in excess of the maximum allowable concentration and no food preparation is part of their daily activities. The person must submit a written request describing their operation and the reasons why the facility should be granted an exemption to Plymouth Township in order to be considered for an exemption. In order for an exemption to be considered, the applicant must provide the following:

Certified laboratory results of a sample of their wastewater demonstrating that their discharge concentrations are below the allowable level. The sample must be taken in the presence of an authorized agent of Plymouth Township.

The facility must be inspected by an authorized agent of Plymouth Township to confirm that food preparation or other sources of FOG are not present at the facility.

If required by Plymouth Township, video inspection of an existing lateral or sewer main to verify that FOG is not present in the pipes.

Design. Subject to the requirements of the Uniform Construction Code, an oil and grease interceptor must meet the following criteria:

Provide a minimum detention time of 30 minutes which shall be calculated based upon the maximum flow rate of all fixtures, equipment and sink compartments. The flow rate shall be calculated by the drainage load divided by the drainage rate. The drain load calculation shall utilize 75% of the capacity of the fixture, equipment or sink compartment. The drainage rate shall be one minute.

The grease interceptor shall be located outside of the building.

The minimum useable volume shall be 1,000 gallons and provide sufficient detention time to allow the temperature of the wastewater to cool to the point where all of the FOG is retained by the grease interceptor/trap.

The grease interceptor shall be installed at a minimum distance of ten (10) feet from sinks and dishwashers to allow for adequate cooling of wastewater. Water temperature must be less than 140°F prior to entering the grease interceptor.

The grease interceptor/trap shall contain two compartments with an access hatch for each compartment for cleaning and maintenance.

Discharge criteria. The following standards shall apply:

Where FOG are a by-product of food preparation and/or cleanup, reasonable efforts shall be made to separate waste oil and grease into a separate container for proper disposal. Except as contained in by-products of food preparation and/or cleanup, waste oil and grease shall not be discharged to any drains or grease interceptors. Such waste shall be placed in a container designed to hold such waste and either utilized by industry or disposed of at suitable disposal sites.

None of the following agents shall be placed directly into a grease interceptor, or into any drain that leads to the grease interceptor:

Emulsifiers, de-emulsifiers, surface active agents, enzymes, degreasers, or any type of product that will liquefy grease interceptor wastes.

Any substance that may cause excessive foaming in the sewer system.

Any substance capable of passing the solid or semi-solid contents of the grease interceptor to the sewer system.

Illegal discharge items, such as hazardous wastes, including, but not limited to, acids, strong cleaners, pesticides, herbicides, paint, solvents, or gasoline.

Use of grease interceptor treatment products, including bacteria, designed to digest grease, is specifically prohibited without prior written consent of the Township in accordance with the following:

Acceptance of such products for use may be considered only where a valid screening test, showing the product's ability to treat the wastewater and to produce an influent in compliance with this Part, has been performed in accordance with methods outlined and approved by the Plymouth Township.

If a product is approved, each generator shall obtain written permission from Plymouth Township to use the product.

	The influent to grease interceptors shall not exceed 140 degrees Fahrenheit (140° F). The temperature at the flow control device inspection port shall be considered equivalent to the temperature of the influent.
	Toilets, urinals, and other similar fixtures shall not discharge through a grease interceptor.
	All waste shall only enter the grease interceptor through the inlet flow control device, then the inlet pipe.
	Where food-waste grinders are installed in a nonresidential establishment, the waste from those units shall discharge directly into the building drainage system without passing through a grease interceptor.
	The concentration of FOG that can be discharged to the sewer system shall not exceed 100 mg/l.

Inspections. The owner or person utilizing any property connected to the sanitary sewer system of Plymouth Township shall permit an authorized agent of Plymouth Township:

To enter all properties and facilities for the purposes of inspection, sampling, and testing to determine compliance with the provisions of these regulations; and

To examine and copy all records required to be maintained by the property owner and business owner for the purpose of determining compliance with the provisions of these regulations.

	Any oil and grease interceptor/trap system may be inspected by an authorized agent of Plymouth Township at any reasonable time. Such inspection may require a physical tour of the property, sampling of the oil and grease interceptor/trap, and dye-testing of the interior plumbing to determine the path and ultimate destination of the generated wastewater.
	An initial inspection may be conducted by an authorized agent of Plymouth Township to determine the type and functionality of each oil and grease interceptor/trap.
	A schedule of routine inspections by Plymouth Township may be established to assure proper functioning of the oil and grease interceptor/trap.
	An authorized agent of Plymouth Township shall inspect systems known or alleged to be malfunctioning. Should said inspections reveal the system is malfunctioning, the authorized agent will order action to be taken to correct the malfunction.

Maintenance. Every person owning a building or structure containing an oil and grease interceptor/trap system, as well as any person making use of the oil and grease interceptor/trap system, shall have the oil and grease interceptor/trap pumped by a qualified pumper/hauler within 60 days of the effective date of this article. Thereafter, all persons required to pump an interceptor system shall do so at least every quarter. The owner and/or utilizer of the oil and grease interceptor/trap shall submit to Plymouth Township a manifest from the pumper/hauler confirming the pumping of the oil and grease interceptor/trap within ten days after the removal of the accumulated oil and grease.

The required pumping frequency may be increased by Plymouth Township if determined that increased frequency is required to maintain efficient operating conditions.

Any person owning a property served by an oil and grease interceptor/trap, as well as any person making use of the oil and grease interceptor/trap system, must submit, with each required pumping receipt, a written statement from the pumper/hauler that the baffles in the oil and grease interceptor/trap have been inspected and found to be in good working order. Any person whose oil and grease interceptor/trap baffles are determined to require repair or replacement must first contact Plymouth Township for approval of the necessary repair and to obtain all required permits.

Any person owning a building served by an oil and grease interceptor/trap, as well as any person utilizing an oil and grease interceptor/trap system, must follow the operation and maintenance recommendations of the equipment manufacturer. In no case may the service or pumping intervals for the oil and grease interceptor/trap exceed those recommended by the manufacturer.

No person shall introduce, or cause, permit, or suffer the introduction of any surfactant, solvent or emulsifier into a grease interceptor. Surfactants, solvents, and emulsifiers are materials which allow the grease to pass from the grease interceptor into the collection system, and include but are not limited to enzymes, soap, diesel, kerosene, terpene, and other solvents.

(k)

Cleaning schedules. Grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease interceptor; to ensure the discharge is in compliance with local discharge limits; and to ensure no visible grease is observed in discharge.

Grease interceptors shall be completely evacuated a minimum of every ninety (90) days, or more frequently when:

Twenty-five (25) percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; or

The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by Plymouth Township; or

If there is a history of non-compliance.

	Any person who owns or operates a grease interceptor may submit to Plymouth Township a request, in writing, for an exception to the ninety-day cleaning frequency of their grease interceptor. The Township may grant an extension for required cleaning frequency on a case-by-case basis when:
	(1)	The grease interceptor owner/operator has demonstrated the specific interceptor will produce an effluent, based on defensible analytical results, in consistent compliance with established local discharge limits such as BOD, TSS, FOG, or other parameters as determined by Plymouth Township; or
	(2)	Less than twenty-five (25) percent of the wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases.
	In any event, a grease interceptor shall be fully evacuated, cleaned, and inspected at least once every 180 days.

(l)

Manifest requirements. Each pump-out of a grease interceptor must be accompanied by a manifest to be used for recordkeeping purposes. In addition, facilities which generate, collect and transport grease waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest, which shall meet the following requirements:

Name, address, telephone, and commission registration number of transporter.

Name, signature, address, and phone number of the person who generated the waste and the date collected.

Type and amount(s) of waste collected or transported.

Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste.

Date and place where the waste was deposited.

Identification (permit or site registration number, location, and operator) of the facility where the waste was deposited.

Name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received.

The volume of the grease waste received.

(9)

A consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported.

	Manifests shall be divided into five parts and records shall be maintained as follows:
	(1)	One part of the manifest shall have the generator and transporter information completed and shall be given to the generator at the time of waste pickup.
	(2)	The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest.
	(3)	One part of the manifest shall go to the receiving facility.
	(4)	One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste.
	(5)	One copy of the manifest shall be returned by the transporter to the person who generated the wastes within 10 days after the waste is received at the disposal or processing facility.
	(6)	One part of the manifest shall go to the Plymouth Township within 10 days.
	(7)	Copies of manifests returned to the waste generator shall be retained for five years and be readily available for review by the Plymouth Township.

(m)

System rehabilitation. A written notice of violation may be issued to any person who is the owner of any property which is found to be served by a malfunctioning oil and grease interceptor/trap system, and/or to any person utilizing said oil and grease interceptor/trap system, or who is discharging oil and grease without a permit.

Within seven days of notification by Plymouth Township that a malfunction has been identified, the property owner, and/or the person utilizing the oil and grease interceptor/trap system, must make application to Plymouth Township for approval to repair or replace the malfunctioning system. Within 30 days of initial notification by Plymouth Township, construction of the permitted repair or replacement must commence. Within 60 days of the original notification by Plymouth Township, the construction must be completed, unless conditions mandate a longer period, in which case Plymouth Township may set an extended completion date.

In the event the modifications do not result in the elimination of the malfunction of the existing oil and grease interceptor/trap system, the person owning and/or making use of the interceptor system shall bear responsibility for the continued malfunction of the system. The owner and/or utilizer of said system shall be required to take such action as necessary to eliminate the malfunction.

(n)

Failure to comply. Work performed by Township. Plymouth Township, upon notice that an imminent public health or safety hazard exists due to failure of a proper owner and/or utilizer to maintain, repair or replace an oil and grease interceptor/trap system, shall have the authority to contract to have the work performed. The owner of record of the property will be charged for the work performed and, if necessary, a lien will be entered therefore[2] in accordance with the law.

[2]

Editor's Note: So in original.

(o)

Oil and grease disposal. All grease originating within a sewer system intended to flow to the public sewer system shall be disposed of in accordance with the requirements of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.) and all other applicable laws, and shall be disposed of at sites or facilities approved by PADEP.

Oil and grease pumpers/haulers operating within Plymouth Township's collection system shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003) and all other applicable laws.

(p)

Violations and penalties. It is unlawful for any generator to discharge into the sewer system in any manner that is in violation of this Ordinance, or of any condition set forth in this Ordinance. Additionally, a person commits an offense if the person causes or permits the plugging or blocking of, or otherwise interferes with or permits the interference of, a grease interceptor or the sewer system, including alteration or removal of any flow constricting devices so as to cause flow to rise above the design capacity of the grease interceptor.

No person and/or existing facility shall discharge grease in excess of 100 mg/1 to the sewer system. If such discharge occurs, the person or existing facility shall be considered in violation of this Ordinance and subject to the remedies described herein. This includes nonpermitted existing facilities.

The authorized agent is hereby empowered to enter and inspect any premises upon which he/she has reasonable grounds to believe a violation exists. If violation of any of the provisions of this Ordinance exists, the authorized agent shall issue written notice to be served by registered or certified mail upon the owner of such premises or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises. Such notice shall specify the condition of the violation and shall require the owner to commence to remove or otherwise rectify the offending condition within five days of notification and thereafter to fully comply with the requirements of the notice within 20 days.

Plymouth Township may immediately request to suspend water service when such suspension is necessary, in the opinion of Plymouth Township, in order to stop an actual or threatened discharge which:

Presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment.

Causes stoppages or excessive maintenance to be performed to prevent stoppages in the sewer system.

Causes interference to the sewer system.

Causes the receiving WWTP to violate any condition of its NPDES permit.

	Any person notified of a suspension of the water service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, Plymouth Township shall take such steps as deemed necessary, including immediate termination of water service, to prevent or minimize damage to the sewer system or sewer connection or endangerment to any individuals. Plymouth Township shall reinstate the water service when such conditions causing the suspension have passed or been eliminated. A detailed written statement submitted by the generator describing the cause(s) of the harmful discharge and the measure(s) taken to prevent any future occurrence shall be submitted to Plymouth Township within 15 days of the date of occurrence.
	In addition to prohibiting certain conduct by persons, it is the intent of this Ordinance to hold a corporation, association, LLC, LLP or PS legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment.
	Enforcement shall be as set forth in Section 1-9 of the Plymouth Township Code, as amended from time to time.
	A generator is liable to Plymouth Township for any expense, loss, or damage occasioned by Plymouth Township for reason of appropriate cleanup and proper disposal of said wastewater materials. Additionally, an administrative fee equal to 1/2 of assessed cleanup costs shall be levied by Plymouth Township against the guilty party.
	The performance by Plymouth Township of its obligations as set forth in this Ordinance shall create no liability upon Plymouth Township, its officials, employees or authorized agents.
	All reports, inspections, appraisals, certification or records required or produced by Plymouth Township, or its authorized agents, as required by this Ordinance, shall be for the use and benefit of Plymouth Township only and shall not be accepted, utilized or relied upon by any other person or party by way of certification or otherwise.

(q)

Appeals. Any property owner aggrieved by the decision of a Plymouth Township employee or other authorized agent of Plymouth Township pursuant to this article may appeal said decision by sending the appropriate appeal form to the Plymouth Township Manager, provided that said appeal shall be filed within 30 days from the date of the decision at issue.

The property owner and/or person filing said appeal shall be entitled to a hearing before the Plymouth Township Council, or its designee, within 30 days of receipt of the appeal.

Either party, by good cause shown, may extend the time for a hearing, but said decision shall be left to the discretion of the Plymouth Township Council or its designee. A hearing shall be conducted in accordance with the provisions of the Pennsylvania Local Agency Act.[3]

A decision shall be rendered, in writing, within 45 days of the conclusion of the hearing and all proceedings related thereto. If the Plymouth Township Council or its designee shall fail to render a decision within 45 days following the conclusion of all proceedings related to the hearing, then the relief sought by the property owner and/or person filing the appeal shall be deemed granted. Any property owner and /or person aggrieved by a decision of the Plymouth Township Council or its designee may, within 30 days after such decision of the Board, file an appeal to the Court of Common Pleas of Montgomery County.

[3]

Editor's Note: Pa C.S.A. § 551 et seq.

Sec. 23-31 Damage to facilities.

[Ord. No. 813, Art. V, § 1, 4-9-1979]

No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the waste water facilities. Any person(s) violating this provision shall be subject to prosecution under the laws of the Commonwealth of Pennsylvania.

Sec. 23-32 Power and authority of inspectors.

[Ord. No. 813, Art. VI, §§ 1—4, 4-9-1979]

The superintendent and other duly authorized employees of the township and/or the authority, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharges to the community system in accordance with the provisions of this division.

The superintendent or other duly authorized employee of the township and/or the authority are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the waste water collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

While performing the necessary work on private properties referred to in subsection (a) above, the superintendent or duly authorized employees of the township and/or the authority shall observe all safety rules applicable to the premises established by the owner, and the owner shall be held harmless for injury or death to the township or the authority employees, and the township and the authority shall indemnify the owner against loss or damage to its property by township or the authority employees and against liability claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in section 23-30(g). For the purpose of this section, the term "owner" is defined to mean and include the lawful owner of the premises, the tenant, lessee and any other person lawfully occupying the premises by and with the consent and permission of the owner.