Township of Charlestown, PA
Chester County
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Table of Contents
Table of Contents
[Ord. 150-2008, 11/3/2008, § 1]
1. 
This Part shall be known and may be cited as the "Charlestown Township On-Lot Sewage Disposal System Management Program Ordinance."
2. 
In accordance with municipal codes, the Clean Streams Law (Act of June 27, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 9691.1 to 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as Act 537), specifically Title 25, Pa. Code, Chapter 71, § 71.71, it is the power and the duty of Charlestown Township to provide for adequate sewage treatment facilities and for the protection of the public health, safety, and welfare by prohibiting the discharge of untreated or inadequately treated sewage. The official sewage facilities plan for Charlestown Township states the need to formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.
3. 
The purpose of this Part is to provide for the regulation, inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to permit intervention in situations which may constitute a public nuisance or hazard to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.
[Ord. 150-2008, 11/3/2008, § 2]
AUTHORIZED AGENT
The Township Code Enforcement Officer, a sewage enforcement Officer, professional engineer, plumbing inspector, or any other qualified or licensed person who is duly authorized to function within specified limits as an agent of Charlestown Township to administer and/or enforce the provisions of this Part.
BOARD
The Board of Supervisors of Charlestown Township, Chester County, Pennsylvania.
CHESTER COUNTY SEPTAGE MANAGEMENT DATA SYSTEM
The electronic database maintained by Chester County, into which Chester County Health Department licensed liquid waste haulers are required to submit a record of every septic tank or holding tank that they pump.
COMMUNITY ON-LOT DISPOSAL SYSTEM ("COLDS")
Any system, whether publicly or privately owned, for the collection of sewage of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage on one or more of the lots or at any other location for final disposal in whole or in part into the soil. This includes land application by spray irrigation.
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM
A system of piping, treatment tanks, or other facilities serving a single lot and collecting, treating and disposing of sewage into a subsurface absorption area or spray irrigation system.
LIQUID WASTE HAULER
Any person engaged in the business of pumping and transporting liquid waste within Chester County and licensed by the Chester County Health Department.
LOT
A parcel of land under single and separate ownership or described by an approved and still valid subdivision plan recorded in the office of the Recorder of Deeds of Chester County.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any community on-lot disposal system or individual on-lot sewage disposal system.
MALFUNCTION
A condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into surface waters of this commonwealth, backs up into a building connected to the system or in any manner causes a nuisance or poses a danger to the health, safety, and welfare of the public or causes pollution of surface, or ground water, including the contamination of public or private drinking water wells. Systems shall be considered to be malfunctioning if any condition noted above occurs for any length of time during any period of the year.
PERSON
Any individual, partnership, corporation or other legal entity.
RETAINING TANK (ALSO CALLED A HOLDING TANK)
A watertight receptacle, which receives and retains sewage and which is designed and constructed to hold sewage pending the ultimate disposal of the sewage at another location, site, or area.
SEWAGE
Any substance that contains any of the fecal waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances that may be harmful to the public health or to animal or aquatic life or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394) known as the "Clean Streams Law," 35 P.S. § 691.1 et seq., as amended.
SEWAGE ENFORCEMENT OFFICER
The Chester County Health Department.
TOWNSHIP
Charlestown Township, Chester County, Pennsylvania.
TREATMENT TANK
A watertight receptacle which receives the discharge of sewage from a house or building sewer line and is designed and constructed so as to permit settling of settleable solids from the liquid digestion of the organic matter by detention and discharge of the liquid portion into a distribution system or pit for underground dispersion or elevated sand mound, individual spray irrigation or similar disposal techniques. Treatment tanks include septic tanks, cesspools, aerobic units and the like.
[Ord. 150-2008, 11/3/2008, § 3]
From the effective date of this Part, the provisions of this Part shall apply to all persons owning any property serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems.
[Ord. 150-2008, 11/3/2008, § 4]
1. 
The requirements of this Part shall be effective throughout sewer study service areas as outlined in the Act 537 Plan Revision of Charlestown Township, Chester County.
2. 
A. 
The operation, maintenance and repair of an on-lot sewage disposal system, including all electrical, mechanical and chemical components of the sewage facilities; collection and conveyance piping, pressure lines and manholes; alarm and flow recorder devices; pumps; disinfection equipment and related safety items, shall be the responsibility of the lot owner; however, that maintenance and repair shall be subject to the continuing surveillance and inspection by the Township, its authorized agent and/or the Sewage Enforcement Officer.
B. 
It shall be the responsibility of the owner of a lot, which utilizes an on-lot sewage disposal system to have it pumped in accordance with the schedule set forth in § 18-105 of this Part and to make such other repairs, and/or replacements that are necessary in order to prevent the malfunctioning of the system.
C. 
It shall be the responsibility of the owner of a lot which utilizes an on-lot sewage disposal system to maintain surface contouring and other measures consistent with the provisions found in 25 Pa. Code, Chapter 73, (relating to standards for on lot sewage treatment facilities), to divert stormwater away from treatment facilities and absorption areas and to protect the absorption areas from physical damage.
D. 
The construction, repair and/or replacement of on-lot sewage disposal systems shall be subject to the issuance of appropriate permits by the Chester County Health Department in conjunction with the Pennsylvania Department of Environmental Protection (PADEP). Sewage permits may be issued only by a Sewage Enforcement Officer employed by the Chester County Health Department. No building permit shall be issued for a new building, which will utilize an on-lot sewage disposal system until Act 537 planning approval has been issued by the PADEP and the appropriate permit has been issued by the Chester County Health Department.
[Ord. 150-2008, 11/3/2008, § 5]
1. 
Individual On-Lot Sewage Disposal Systems. The owner of a lot, which uses an individual on-lot sewage disposal system as a means of sanitary sewage disposal, must have the treatment tank(s) pumped out by a liquid waste hauler and the contents disposed of at a licensed sewage disposal facility at least once every three years or whenever an inspection of the treatment tank reveals that it is filled with solids or liquid in excess of one-third the liquid depth of the tank. Every owner of a treatment tank system existing on any lot on the effective date of this Part shall submit proof of the required pumping and disposal to the Township's Code Enforcement Officer or to the Chester County Septage Management Data System, not later than 90 days from the date of enactment.
2. 
Retaining Tanks. Retaining tanks shall only be utilized as a remedy for a malfunctioning on-lot sewage disposal system when it has been determined by the Chester County Health Department and the Township that no other remedy is viable. Retaining tank installation and use shall be subject to all requirements of 25 Pa. Code § 71.63 (relating to retaining tanks), and the requirements of the Chester County Health Department. The owner of a lot utilizing a retaining tank(s) or a sewage treatment system designed or operated as a retaining tank on the effective date of this Part shall enter into a written contract with a liquid waste hauler requiring periodic pumping and disposal of the tank's contents in accordance with the schedule required by the permit which authorized the installation and use of the retaining tank system A copy of the contract shall be filed by the owner with the Code Enforcement Officer and annually thereafter and shall be in effect and valid for a period of at least one year.
3. 
Stream Discharge Systems. The owner of a lot on which a stream discharge sewerage system approved and permitted by the PADEP has been installed shall register the system with the Township within 90 days following the effective date of this Part by filing a copy of the current PADEP permit, together with any other information required by the Code Enforcement Officer to verify the current validity of the permit and copies of any tests verifying the system's operational integrity performed during the 12 months immediately preceding the registration. The owner of a system installed after the effective date of this Part shall register the system with the Township within 90 days of such installation. The Codes Enforcement Officer or other authorized agent shall arrange for periodic inspections by the Sewage Enforcement Officer as required.
4. 
Community On-Lot Disposal (COLDS). The operator(s) of any COLDS system shall submit regular reports to the Township. Reports shall be in the PADEP format for waste management (25 Pa. Code, Chapter 94) and discharge management report.
5. 
Compliance. Failure to comply with the provisions of Subsections 1 through 4 of this section shall constitute a violation of this Part, subjecting the owner of the property on which the system is installed to the enforcement and penalty provisions of §§ 18-106 and 18-107 of this Part.
6. 
Change of Ownership. Prior to the conveyance of any lot which is subject to the provisions of this Part, the sewage system installed on such lot shall be pumped and its contents disposed of as required by this section, unless the owner has filed with the Township a receipt issued by a licensed septic tank contractor proving that the system was pumped out within the immediately preceding six-month period. Following any conveyance of the lot, the owner shall be subject to the provisions of this Part.
7. 
Classification. If the type of on-lot sewage system is unknown, it shall be classified as a cesspool.
8. 
Promulgation of Regulations and Required Proof. In addition to the requirements specific in this section, the Board may, by resolution, promulgate such forms and regulations for the administration and enforcement of this Part as it shall determine necessary. Failure of a lot owner to receive or secure any required form shall not constitute a defense to the enforcement or penalty provisions of this Part.
[Ord. 150-2008, 11/3/2008, § 6]
Any person owning a building served by an on-lot sewage disposal system determined to be in a state of malfunction by the Chester County Health Department shall perform all corrective measures required by the Chester County Health Department to abate the malfunction. When the Township becomes aware of a violation(s) of this Part or the Chester County Health Department regulations, it shall be reported to the Chester County Health Department and become subject to their rules and regulations. All facilities regulated by this Part shall be subject to all applicable rules and regulations of the Chester County Health Department and PADEP.
[Ord. 150-2008, 11/3/2008, § 7; as amended by Ord. 160-2010, 10/4/2010]
1. 
The Township's Code Enforcement Officer shall have the power and authority to determine all issues relating to compliance with the provisions of this Part, and to bring and prosecute in the name of the Township enforcement and penalty proceedings for violations of its provisions.
2. 
If it appears a violation of this Part has occurred, the Township Code Enforcement Officer shall have the authority to issue an enforcement notice to the owner of the property on which the violation has occurred.
3. 
Appeals from the Code Enforcement Officer's determinations or interpretations of the provisions of this Part shall be taken to the Board within 30 days from the date of such determination or interpretation. Appeals shall be heard and determined in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 751 et seq. The Board may request documentation and consult with the Township Engineer or other competent authorities as it determines necessary for a resolution of the appeal, and may impose the reasonable costs thereof upon the appellant. Provided, however, the Board shall have no jurisdiction to hear or determine any appeal from the action of the Code Enforcement Officer in prosecuting a violation of this Part in a summary proceeding before a magisterial district judge.
[Ord. 150-2008, 11/3/2008, § 8; as amended by Ord. 160-2010, 10/4/2010]
Any person, firm or corporation who shall violate any provision of this Part, or who fails to comply with any of its provisions or regulations promulgated hereunder, or who fails or refuses to comply with any lawful notice, order or direction of the Code Enforcement Officer or authorized agent issued pursuant to this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 150-2008, 11/3/2008, § 9]
The Board of Supervisors shall, by resolution, adopt a fee schedule for the administration of this Part. Said schedule shall be kept on file by the Township Secretary and shall be reviewed and revised as necessary.
[Ord. 119-2004, 5/17/2004, § 1]
This Part shall be known as the "Charlestown Township Wastewater Discharge Ordinance."
[Ord. 119-2004, 5/17/2004, § 2; as amended by Ord. 155-2009, 8/3/2009, § 2]
1. 
Purpose and Policy. This Part sets forth uniform requirements for connected and nonconnected users discharging into the public sanitary sewage system within Charlestown Township to the treatment plant of the Valley Forge Sewer Authority and enables Charlestown Township and the Authority to comply with all applicable state and state laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403). The objectives of this Part are to:
A. 
Prevent the introduction of pollutants into the public sanitary sewage system and treatment plant which will interfere with the operation of the sewer system or contaminate the resulting biosolids or otherwise be incompatible to the sewer system.
B. 
Prevent the introduction of pollutants into the treatment plant which will pass through the treatment system, inadequately treated, into receiving waters or the atmosphere.
C. 
Improve the opportunity to recycle and reclaim wastes and biosolids from the sewer system.
D. 
Provide for equitable distribution of the cost of the treatment plant operation and maintenance.
2. 
Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part, shall have the meanings hereinafter designated. Words in the present tense include the future. The singular number includes the plural number. The plural number includes the singular number.
AUTHORITY
The Valley Forge Sewer Authority or its authorized representatives.
BASELINE MONITORING REPORT
The report required in 40 CFR 403.12, to be submitted by all industrial users or waste generators subject to national categorical pretreatment standards.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR Part 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOSOLIDS
The primarily solid organic material recovered from a sewage treatment process and recycled especially as a fertilizer.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of dissolved oxygen consumed in the biochemical oxidation of the organic matter in waste under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter (mg/L). It shall be determined by one of the acceptable methods described in 40 CFR, Part 136 and amendments thereto, or by any other methods approved by the Environmental Protection Agency (EPA).
CATEGORICAL INDUSTRIAL USER
Any industrial user subject to a national categorical pretreatment standard.
CATEGORICAL WASTE GENERATOR
Any waste generator subject to a national categorical pretreatment standard.
CLEAN WATER ACT (CWA)
Refer to P.L. 92-500, October 18, 1972, 33 U.S.C. § 1251 et seq.; as amended by P.L. 95-217, December 28, 1977; P.L. 97-177, December 29, 1981; P.L. 97-440, January 8, 1983, and P.L. 100-04, February 4, 1987, and any subsequent amendments or reauthorizations thereto.
COLOR OF A WASTE
The color of the light transmitted by the waste solution after removing the suspended material, including the pseudocolloidal particles.
COMMERCIAL DISCHARGE PERMIT
Shall refer to a permit issued to those industrial users that the Authority does not classify as significant industrial users, but are considered to have an impact, either potential or realized, either singly or in combination with other contributing commercial or industrial establishments, on the public sanitary sewage system and/or the treatment plant (either its operational efficiency, effluent quality or quality of the biosolids produced by such facility).
COMMERCIAL USER OR COMMERCIAL ESTABLISHMENT
Refers to a property which is intended to be used for the purpose of carrying on a trade, business or profession, or for social, religious, educational, charitable or public uses, or a person discharging waste generated by the trade, business, profession, social, religious, educational, charitable or public use of the property.
COMPOSITE SAMPLE
A sample consisting of a combination of individual samples that are either time or flow-proportioned or both, obtained at regular intervals over a period of time and shall reasonably reflect the actual wastewater or waste discharge conditions for that period of time.
CONNECTED USER
A user located in the Authority service area that discharges into the public sanitary sewage system through a direct connection point that has been approved by the Authority.
COOLING WATER
The water discharged from any system of condensation, including, but not limited to, air conditioning, cooling or refrigeration.
DAILY COMPOSITE SAMPLE
A sample consisting of a combination of individual samples, regardless of flow, collected at regular intervals over a period of time; the sampling duration shall be not less than 20 hours, but shall not exceed 28 hours, or as specified in an industrial waste discharge permit or commercial discharge permit.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Department of Environmental Protection of the Commonwealth of Pennsylvania, or any Department or agency of the commonwealth succeeding to the existing jurisdiction or responsibility of the Department of Environmental Protection.
DISSOLVED SOLIDS
Concentration of matter in a waste consisting of colloidal particulate matter, and both organic and inorganic molecules and ions present in solution that pass through a standard filter according to the approved procedures outlined in 40 CFR, Part 136, or amendments thereto, or outlined in any other procedure approved by EPA.
DOMESTIC USER
Refers to any connected user discharging only sanitary sewage. This discharge shall not exceed an average daily total suspended solids concentration of 250 milligrams per liter (mg/L) and an average daily BOD concentration of 250 milligrams per liter (mg/L).
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The Environmental Protection Agency of the United States, or any agency or department of the United States succeeding to the existing jurisdiction or responsibility of the Environmental Protection Agency.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the commercial handling, storage and sale of produce.
GRAB SAMPLE OR INSTANTANEOUS GRAB SAMPLE
A sample taken from a wastewater or waste with no regard to flow in the wastewater or waste and collected over a period of time not exceeding 15 minutes but shall reasonably reflect actual discharge conditions for that period.
GROUND GARBAGE
Garbage that has been shredded to such a degree that all its particles will be carried freely under normal sewer flow conditions, with no particle greater than 1/2 inch in any dimension.
GROUNDWATER
Water which is standing in or passing through the ground.
HOLDING TANK
A watertight receptacle designed to receive and retain wastes and is constructed to facilitate the ultimate disposal of the wastes at another site.
HOLDING TANK WASTE
The wastes originating from normal household activities containing human and customary household wastes, or such wastes from commercial or industrial establishments, but excluding industrial wastes. The waste must be certified by a waste hauler licensed by the Authority as sanitary sewage, and must be stored in such a way as not to concentrate said waste to a level of total suspended solids exceeding 1,000 milligrams per liter (mg/L).
HOUSEHOLD WASTE
The water carried waste originating from normal household functions such as waste from kitchens, toilets, lavatories and laundries, or such waste from industrial or commercial establishments, but excluding industrial waste.
INDIRECT DISCHARGE OR DISCHARGE
The introduction of pollutants into the Authority's public sanitary sewage system from any nondomestic source regulated under § 307(b), (c) or (d) of the Clean Water Act.
INDUSTRIAL USER
Any connected user which is not a domestic user.
INDUSTRIAL WASTE
Any liquid, solid or gaseous substance, whether or not solids are contained therein, discharged from any user during the course of any industrial, manufacturing, trade, or business process or in the course of development, recovery or processing of natural resources, or any wastes having any of the characteristics described under § 18-203, Subsection 1, "General Discharge Prohibitions," as distinct from sanitary sewage.
INDUSTRIAL WASTE DISCHARGE PERMIT
A permit issued to a significant industrial user in accordance with § 18-205.
INFILTRATION
The groundwater unintentionally entering the public sanitary sewage system, including building foundation drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connection or manhole walls. Infiltration does not include, and is distinguishable from, inflow.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW
The water discharged into a public sanitary sewage system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard and area drains; foundation drains; unpolluted cooling water discharges; drains from springs and swampy areas; manhole covers; cross connection from storm sewer and/or combined sewers; catch basins; stormwater; surface runoff; street wash water; or drainage. Inflow does not include, and is distinguishable from, infiltration.
INTERCEPTOR
A device designed and installed so as to separate and retain for removal by automatic or manual means, deleterious, hazardous or objectionable waste including, but not limited to, grease, oil or sand, while permitting sanitary sewage or industrial waste to discharge by gravity into a public sanitary sewage or on-site drainage system.
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 and results in a violation of any requirement of the treatment plant's NPDES permit or prevents biosolids use or disposal in compliance with applicable federal or state statutes or regulations. The term includes those discharges that cause a prevention of biosolids use or disposal by the treatment plant in accordance with § 405 of the Act, 33 U.S.C. § 1345, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, 40 CFR, Part 503, or more stringent state criteria, including those contained in any state biosolids management plan prepared pursuant to Title IV of SWDA or any more stringent DEP criteria, guidelines or regulations pursuant to the Solid Waste Management Act (SWMA), 35 P.S. § 6018.101 et seq., the Clean Streams Law (CSL), 35 P.S. § 691.1 et seq., or the Air Pollution Control Act (APCA), 35 P.S. § 4001 et seq., applicable to the method of disposal or use employed by the treatment plant, and those discharges that cause a pass through or disrupt operations at the treatment plant or in the public sanitary sewage system.
MANHOLE
A shaft or chamber leading from the surface of the ground to a sewer, large enough to enable a man to gain access to the latter.
Mg/L OR mg/L
Milligrams per liter.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with 40 CFR Chapter I, Subchapter N, Parts 405-471 and § 307(b) and (c) of the Act, 33 U.S.C. § 1317, which applies to a specific category of industrial user or waste generator.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES PERMIT)
A permit issued under the National Pollutant Discharge Elimination System (NPDES) for discharge of wastewater to the navigable waters of the United States pursuant to § 402 of the Clean Water Act, as amended.
NEW SOURCE
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that: (1) the building, structure, facility or installation is constructed at a site at which no other source is located; or (2) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) the production or wastewater generating processes of the building structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. Determination of "new source" status shall be consistent with the provisions of 40 CFR 403.3(k)(1), (2) and (3).
NONCONNECTED USER
Any user who contributes waste (including trucked industrial waste, domestic holding tank waste or septage) to the treatment plant by transporting or allowing the transport of such waste by vehicle and allows or causes the discharge of said trucked waste into the treatment plant at such a discharge point and under such conditions as may be approved by the Authority.
NORMAL DOMESTIC STRENGTH SEWAGE
As defined for the purposes of this Part, wastewater or sewage having an average daily total suspended solids concentration of not more than 250 milligrams per liter (mg/l) and an average daily BOD of not more than 250 milligrams per liter (mg/L) and excluding toxic and/or flammable wastes.
OBJECTIONABLE WASTE
Any wastes that can, in the Authority's judgment, harm either the sewer system or treatment plant process or equipment; have an adverse effect on the receiving stream; 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, or his authorized representative.
PASS THROUGH
A discharge which exits the treatment plant into waters of the United States in quantities or concentrations which, alone or in conjunction with other discharges, is a cause of a violation of the treatment plant's NPDES permit or of any applicable local, state or state water quality criteria (including an increase in the magnitude or duration of a violation).
PERSON
An individual, a partnership, an association, a corporation, a joint stock company, a trust, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipality authority or any other group or legally recognized entity. The masculine gender shall include the feminine, singular shall include the plural where indicated by the context.
pH
The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution indicating the degree of acidity or alkalinity of a substance. pH shall be determined by one of the accepted methods described in 40 CFR, Part 136, and amendments thereto, or by any other method approved by EPA.
POLLUTANTS
Any material that, when added to water, shall render that water (either because of the nature or quantity of the material) unacceptable for its original intended use, including, but not limited to, dredged spoil; solid waste; incinerator residue; sewage; garbage; biosolids; chemical wastes; biological materials; radioactive materials; heat; sand; cellar dirt; and/or industrial, municipal, and agricultural wastes.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological, and/or 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 a waste to a less harmful state prior to or in lieu of discharging (either by a connected user or nonconnected user through a licensed waste hauler) or otherwise introducing such pollutants into the public sanitary sewage system. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes by other means.
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user or waste generator.
PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act, 33 U.S.C. § 1317, which applies to industrial users and including prohibitive discharge limits established pursuant to 40 CFR 403.5.
PROCESS STREAM OF THE TREATMENT PLANT
Is the forward flow of waste through various treatment units of the treatment plant, including primary clarifiers, aeration tanks, secondary (final) clarifiers and chlorine contact tanks, and including holding tank waste or trucked industrial waste discharged directly into one of those treatment units.
PROCESS WASTE
Any water which, during manufacturing or processing, comes into direct contact with, or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product, excluding non-contact cooling water and boiler blowdown.
PUBLIC SANITARY SEWAGE SYSTEM (SOMETIMES CALLED THE "SEWER SYSTEM")
All sanitary sewers, all pumping stations, all force mains, and all other sewage facilities owned or leased and operated by Charlestown Township tributary to the treatment plant for the collection, transportation and treatment of sanitary sewage and industrial wastes and septage, together with their appurtenances, and any additions, extensions or improvements thereto. It shall also include sewers within the Charlestown Township service area which serve one or more persons and discharge into the public sanitary sewage system even though those sewers may not have been constructed by Charlestown Township and are not owned or maintained by Charlestown Township. It does not include separate storm sewers or culverts which have been constructed for the sole purpose of carrying stormwater or surface runoff, the discharge from which is not and does not become tributary to the treatment plant.
REPORT ON COMPLIANCE WITH NATIONAL CATEGORICAL PRETREATMENT STANDARDS OR NINETY-DAY COMPLIANCE REPORT
Refers to the report required by 40 CFR 403.12(d), to be submitted by all industrial users or waste generators subject to national categorical pretreatment standards.
RESPONSIBLE INDIVIDUALS
Shall be:
(1) 
A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation.
(2) 
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 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(3) 
A general partner or proprietor if the industrial user submitting the reports required by paragraphs (b), (d) and (e) of 40 CFR 403.12 is a partnership or sole proprietorship respectively.
(4) 
A duly authorized representative of the individual designated in paragraph (a) or (b) if:
(a) 
The authorization is made in writing by the individual described in paragraph (a) or (b).
(b) 
The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company.
(c) 
The written authorization is submitted to the control authority.
(5) 
If an authorization under paragraph (c) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subparagraph (3) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
SANITARY SEWAGE
Wastes originating from domestic users containing human and customary household wastes, or such wastes from commercial or industrial establishments, but excluding industrial wastes.
SANITARY SEWER
Any pipe or conduit constituting a part of the sewer system, or usable for sewage collection purposes, which carries wastewater and to which stormwater, surface and groundwater are not admitted and which discharges to the treatment plant owned by the Valley Forge Sewer Authority.
SEPTAGE
Refers to household waste from normal household functions, or such waste from commercial or industrial establishments, concentrated or treated in such a manner so as to concentrate the total suspended solids in such waste to a level at which it is treatable through the septage discharge station at the treatment plant.
SEPTAGE DISCHARGE STATION
Is one of the locations at the treatment plant designated by the Authority to receive septage, holding tank waste or trucked industrial waste that is not discharged directly into the process stream of the treatment plant.
SEWAGE, ALSO REFERRED TO AS "WASTEWATER"
Any sanitary sewage or industrial waste, carried either separately or in combination, that are discharged into the public sanitary sewage system by a connected user, or any trucked industrial waste or holding tank waste generated by a waste generator and transported to the treatment plant by a licensed waste hauler and discharged into the process stream of the treatment plant as a "Tier I Waste."
SHALL
Is mandatory; MAY — is permissive.
SIGNIFICANT INDUSTRIAL USER
Except as provided in Subsection (3) of this definition:
(1) 
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR, Chapter I, Subchapter N.
(2) 
Any other industrial user that: discharges an average of 25,000 gallons per day or more of process waste to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); 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 is designated as such by the Authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
(3) 
Upon a finding that an industrial 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 Authority may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE (SNC)
A violation by an industrial user meeting one or more of the following criteria (40 CFR 403.8(f)(2)vii):
(1) 
Chronic violations of waste discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum, average or instantaneous limit for the same pollutant parameter.
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum average or instantaneous limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
(3) 
Any other violation of a pretreatment effluent limit (daily maximum, instantaneous limit or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority (40 CFR 403.8(f)(1)(vi)(B)) to halt or prevent such a discharge.
(5) 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance.
(6) 
Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(7) 
Failure to accurately report noncompliance.
(8) 
Any other violation or group of violations, including a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(1) 
Any categorical waste generator.
(2) 
Any other waste generator which:
(a) 
Discharges a flow of 10,000 gallons or more process waste per day to the treatment plant.
(b) 
Contributes a process waste which makes up 5% or more of the average dry weather hydraulic flow or 5% or more of the organic (BOD) capacity of the treatment plant.
(c) 
Is designated by the Authority, EPA or DEP to have a reasonable potential, either singly or in combination with other users, for adversely affecting the operation of the public sanitary sewer system and/or the treatment plant (either its operational efficiency, effluent quality or quality of the biosolids produced by said facility), or for violating any pretreatment standard or requirement.
SLUDGE
Any solid material containing large amounts of entrained water collected during water or wastewater treatment which may be recycled.
SLUG
Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which would cause a violation of the prohibited discharge standards in § 18-203.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the latest Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
STORMWATER
Portion of the precipitation that runs off over the surface during a storm and for a short period following a storm and enters the sewer system, and causes the flow at the treatment plant to exceed the normal or ordinary flow.
TIER I WASTE
A waste generated by any user that is required, by the Authority, to be discharged directly into the process stream of the treatment plant. The Authority's determination is based on waste characteristics including, but not limited to, total suspended solids and BOD concentration. This category of waste may include, but is not limited to, most holding tank wastes, industrial wastes and sanitary landfill leachates.
TIER II WASTE
A waste generated by any user that is transported to the treatment plant by a licensed waste hauler and is required, by the Authority, to be discharged into the septage discharge station at the treatment plant. The Authority's determination is based on waste characteristics including, but not limited to, total suspended solids and BOD concentration. This category of waste may include, but is not limited to, most septages, biosolids and sludges.
TOTAL SOLIDS
The sum of the total suspended solids in milligrams per liter (mg/l) and dissolved solids in milligrams per liter (mg/L), as determined by one of the acceptable methods described in 40 CFR, Part 136, and amendments thereto, or by any other method approved by EPA.
TOTAL SUSPENDED SOLIDS
Solids that either float to the surface or are in suspension in water, sewage, industrial waste or other liquids, and which are removable by laboratory filtration. The quantity of total suspended solids shall be determined by one of the acceptable methods described in 40 CFR, Part 136, and amendments thereto, or by any other method approved by EPA.
TOWNSHIP
Charlestown Township.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provision of CWA, § 307(a), or other acts.
TREATMENT PLANT
The structures, equipment and processes owned by the Valley Forge Sewer Authority and required to collect, transport and treat domestic and industrial waste and to treat trucked industrial waste, holding tank waste and septage and to dispose of the effluent and accumulated residual solids.
TRUCKED INDUSTRIAL WASTE
Any liquid, solid or gaseous substance, whether or not solids are contained therein, produced by any user during the course of any industrial, manufacturing, trade, or business process or in the course of development, recovery or processing of natural resources, as distinct from sanitary sewage, that is permitted in accordance with § 18-205, Subsection 2, and that is transported by vehicle and discharged to the treatment plant by a waste hauler licensed in accordance with § 18-205, Subsection 2. Leachates from sanitary landfills shall be considered trucked industrial waste.
USER
Any person who contributes, causes or permits the contribution of wastewater, or waste into the Authority's treatment plant.
WASTE
Refers to any sewage (or wastewater), trucked industrial waste, holding tank waste or septage.
WASTE GENERATOR
Refers to any non-connected user of the treatment plant.
WASTE HAULER
Refers to a person licensed by the Authority under § 18-205, Subsection 2, to transport and discharge trucked industrial waste (generated by a permitted waste generator), or holding tank waste or septage at the treatment plant.
WASTE HAULER LICENSE
The license issued by the Authority pursuant to § 18-205, Subsection 2, which allows the discharge of domestic holding tank waste, septage or trucked industrial waste transported to the treatment plant in an over-the-road vehicle.
WASTE PERMIT
Refers to the permit issued by the Authority to a significant waste generator for a particular trucked industrial waste pursuant to § 18-205, Subsection 2.
[Ord. 119-2004, 5/17/2004, § 3; as amended by Ord. 155-2009, 8/3/2009, § 3; and by Ord. 169-2011, 2/7/2011, §§ 1, 2]
1. 
General Discharge Prohibitions.
A. 
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant, or waste which will cause pass through or interference with the operation or performance of the treatment plant. These general prohibitions apply to all such users of the treatment plant whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. The following limitations and prohibitions shall apply to all users of the treatment plant:
(1) 
Unpolluted Water or Waste Prohibition. No person shall discharge to the public sanitary sewage system unpolluted water or waste capable of being disposed of by any means other than discharge into the public sanitary sewage system, including, but not limited to, noncontact cooling water, except under such conditions as may be authorized in a permit issued by the Authority pursuant to this Part.
(2) 
Stormwater Prohibition. No person shall discharge to the public sanitary sewage system any amount of unpolluted stormwater, including, but not limited to, surface water, foundation drainwater, groundwater, roof runoff or surface drainage. All connections which would result in the discharge of inflow are hereby specifically prohibited.
(3) 
Dilution of Wastes Prohibited. 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 pretreatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, or in any other pollutant-specific limitation developed by the Authority or DEP.
(4) 
Grease and Oil Prohibitions. No person shall discharge to the public sanitary sewage system any grease, oils or grease interceptor wastes capable of being disposed of by any means other than discharge into the public sanitary sewage system, except under such conditions as may be authorized in a permit issued by the Authority pursuant to this Part. In addition, discharge of petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts causing interference or pass through at the treatment plant is prohibited.
(5) 
Other General Prohibitions. Except as otherwise provided, no person shall discharge or cause to be discharged, any waste or other matter or substance:
(a) 
Could cause pass through or interference, alone or in conjunction with a waste or wastes from other sources.
(b) 
Containing any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the treatment plant or to the operation of the treatment plant.
(c) 
Containing any noxious or malodorous or toxic gases/vapors/fumes or substance, which alone or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance and repair. The discharge of wastes that result in gases, vapors or fumes in quantities that could cause worker health or safety problems at the treatment plant is specifically prohibited.
(d) 
Containing garbage that is not "ground garbage."
(e) 
Containing any solid or viscous substances in quantities or of size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the treatment plant. 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 and waxes.
(f) 
Containing a toxic pollutant or poisonous substance in sufficient quantity, either singly or by interaction with any sewage treatment process, to constitute a hazard to humans or animals or to create any hazard in the receiving stream of the treatment plant, or that exceeds any applicable limitation set forth in a national categorical pretreatment standard.
(g) 
Containing total solids, total suspended solids or BOD of such character or quantity that unusual attention or expense is required to handle such materials at the treatment plant, except as may be approved by the Authority, or as may be otherwise provided herein.
(h) 
Containing any radioactive wastes or isotopes except in compliance with applicable state or state regulations.
(i) 
Prohibited by any permit issued by the Commonwealth of Pennsylvania, or by the EPA or any other state agency.
(j) 
Constitute a "slug" as defined in this Part.
2. 
Specific Discharge Prohibitions.
A. 
Specific Prohibitions. The discharge of the following wastes into the treatment plant is hereby specifically prohibited:
(1) 
Wastes containing more than 100 milligrams per liter (mg/L) of grease and oil, if the grease and oil is of unknown or petroleum origin in a Tier I or Tier II waste; or containing more than 200 milligrams per liter (mg/L) of grease and oil in a Tier I waste, or more than 10,000 milligrams per liter (mg/L) of grease and oil in a Tier II waste, if the grease and oil is determined to be of an animal or vegetable origin. The differentiation between grease and oil of animal/vegetable origin and those of petroleum origin shall be made by the Authority.
(2) 
Wastes having a temperature higher than 150° F. or less than 32° F., but in no case heat in such quantities that the temperature of the influent to the treatment plant exceeds 104° F. or inhibits the biological activity of the treatment plant.
(3) 
Wastes having a closed cup flash point of less than 140° F. as determined by a method listed under 40 CFR 261.21 and amendments thereto are specifically prohibited. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter.
(4) 
Wastes having a pH lower than 6.0 or greater than 9.5 in a Tier I waste, or a pH lower the 5.0 or greater the 9.5 in a Tier II waste, or having any corrosive or scale forming property capable of causing damage or hazards to structures, equipment, bacterial action, or health or safety hazards to operating personnel or the sewer system or the treatment plant.
(5) 
Wastes that exceed any of the following concentrations in a discharge to the process stream of the treatment plant from a connected user as sewage or Tier I waste or from a nonconnected discharge (through a licensed waste hauler) as a Tier I waste, as a daily composite sample or grab sample:
Tier I Limits
Parameter
Limitation
Units
Arsenic (Total)
0.04
mg/L
Cadmium (Total)
0.09
mg/L
Chromium (Hexavalent)
0.12
mg/L
Chromium (Total)
6.00
mg/L
Copper (Total)
1.00
mg/L
Cyanide (Total)
0.26
mg/L
Lead (Total)
0.10
mg/L
Mercury (Total)
0.005
mg/L
Molybdenum
0.50
mg/L
Nickel (Total)
0.90
mg/L
Selenium
0.50
mg/L
Silver (Total)
0.08
mg/L
Zinc (Total)
1.00
mg/L
(6) 
Wastes that exceed any of the following concentrations in a discharge to the septage discharge station of the treatment plant from a nonconnected discharge (through a licensed waste hauler) as a Tier II waste in a grab sample or daily composite sample:
Tier II Limits
Parameter
Limitation
Units
Arsenic (Total)
6.00
mg/L
Cadmium (Total)
0.50
mg/L
Chromium (Hexavalent)
0.50
mg/L
Chromium (Total)
21.00
mg/L
Copper (Total)
50.00
mg/L
Cyanide (Total)
0.26
mg/L
Lead (Total)
39.00
mg/L
Mercury (Total)
0.04
mg/L
Molybdenum
5.00
mg/L
Nickel (Total)
5.00
mg/L
Selenium
4.00
mg/L
Silver (Total)
5.00
mg/L
Zinc (Total)
95.00
mg/L
(7) 
Individual Control Limits. If the Authority determines that a waste from any significant industrial user or significant waste generator poses a unique potential for pass through or interference due to the quality or quantity of the discharge, the Authority shall place special requirements or limits, in excess of those contained in this Part, in any industrial waste discharge permit or waste permit to prevent such pass through or interference. Such individual control limits may include, but are not limited to, solvent/toxic organic management plans (STOMPs), toxic reduction evaluation plans (TREs), hazardous waste disposal plans, slug discharge control plans or specific numerical limitations on substances.
(8) 
Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with or pass through at the treatment plant.
(9) 
Wastes containing color from any source that when diluted with distilled water one to 10 will have a luminescence of 10% or greater and a purity of 90% or less, at its dominant wave length by the tri-stimulus method, or containing any objectionable color not removed by the treatment process utilized by the Authority.
(10) 
Wastes containing more than 10 milligrams per liter (mg/L) of hydrogen sulfide, sulfur dioxide or nitrous oxide as determined by a method referenced in 40 CFR, Part 136, and amendments thereto or any method approved by EPA.
(11) 
Trucked industrial waste, holding tank waste or septage, except at discharge points designated by the Authority in accordance with § 18-205, Subsection 2.
3. 
Federal and State Requirements.
A. 
Primary of State and Federal Requirements. Nothing in this section shall be construed to provide lesser discharge standards than are presently or may hereafter be imposed and required by the EPA or DEP.
B. 
National Categorical Pretreatment Standards. The national categorical pretreatment standards, as defined in § 18-202, Subsection 2 (relating to definitions), and promulgated by the EPA as of May 9, 1994, and the national prohibitive discharge standards, as defined in § 18-202, Subsection 2, and promulgated by the EPA as of May 9, 1994, are specifically incorporated herein by reference. A national categorical pretreatment standard or a national prohibitive discharge standard and pretreatment standard, as defined in § 18-202, Subsection 2, and promulgated by the EPA subsequent to May 9, 1994, is specifically incorporated by reference upon publication in the Federal Register as final rulemaking. Any EPA standard as defined above which is more stringent than that imposed under this Part shall immediately supersede the less stringent requirement upon incorporation by reference as provided herein.
C. 
Pennsylvania State Standards. Upon the promulgation of any Pennsylvania State (DEP) standards or requirements, the DEP standards or requirements shall immediately supersede the limitations imposed under this Part if the DEP standards are more stringent than state limitations or requirements or the limitations and requirements imposed under this Part.
4. 
Accidental and Slug Discharges.
A. 
Accidental Discharge and Slug Discharge Prevention. All users shall provide and maintain at their own expense facilities adequate, in the judgment of the Authority, to prevent accidental discharge of prohibited and/or regulated substances and/or slug discharges and to protect the public sanitary sewage system from damages caused by such substances. No industrial user or significant waste generator which commences discharge to the treatment plant after the effective date of this Part shall be permitted to introduce pollutants into the treatment plant until the Authority has reviewed and approved that user's accidental discharge prevention or slug prevention procedures (if those procedures are required by the Authority). Users designated as SIUs after October 14, 2005, must be evaluated for the need for a slug control discharge plan within one year of designation. If the Authority decides a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
(1) 
Description of discharge practices, including nonroutine batch discharges.
(2) 
Description of stored chemicals.
(3) 
Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.
(4) 
If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment measures for containing toxic organic pollutants (including solvents), and/or measures and equipment necessary for emergency response.
B. 
Accidental and/or Slug Discharge Notification. In the case of an accidental and/or slug discharge to the treatment plant the user shall immediately telephone and notify the Authority of the accident. The notification shall include information regarding the location of the discharge, the type of pollutants involved, the concentration and volume of the discharge and corrective actions taken and/or contemplated.
C. 
Accidental And/or Slug Discharge Report. Within five working days following an accidental and/or slug discharge, the user shall submit to the Authority a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result damage to the treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Part or other applicable law.
D. 
Employee Notice Concerning Accidental and/or Slug Discharge. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
5. 
Grease and Sand Interceptors.
A. 
Interceptors Required. Grease, oil and sand interceptors or retainers shall be installed by the user at his own expense when, in the opinion of the Authority, such are necessary for the proper handling of liquid wastes containing grease, oil or sand in excessive amounts, and of such other harmful ingredients. Such interceptors shall be of a type and capacity approved by the Authority and shall be located as to be readily and easily accessible for cleaning by the user and for inspection by the Authority.
B. 
Interceptor Maintenance. Where installed, all grease, oil and sand interceptors shall be maintained by the user, at his own expense, and shall be kept in continuous and efficient operation at all times.
6. 
Hazardous Wastes General Notification Requirements. All users shall notify in writing EPA, DEP, the Authority, and the Township of any discharge of a substance whereby if otherwise disposed of would be hazardous waste (listed or characteristic under § 3001 of RCRA) into the public sanitary sewage system per the requirements of 40 CFR 403.12(p)(1) through (4).
[Ord. 119-2004, 5/17/2004, § 4]
1. 
Surcharges.
A. 
Surcharges Required. Although the sewage treatment works will be capable of treating certain industrial wastes, the actual treatment of such wastes may increase the cost of operating and maintaining the public sanitary sewage system. Therefore, there will be imposed upon each user discharging such waste into the public sanitary sewage system a surcharge or surcharges which are intended to cover such additional costs. Such surcharges shall be in addition to regular sewage service charges and shall be payable as herein provided.
B. 
Determination of Surcharges. The strength of any industrial or commercial waste discharge which is to be subject to a surcharge as determined by Subsection 1C of this section shall be determined quarterly, or more frequently, as the Authority shall determine. The surcharge shall be determined from samples taken either at the manhole or metering chamber referred to in this Part, or at any other sampling point mutually agreed upon by the Authority and the producer of such waste. The frequency and duration of the sampling period shall be such as, in the opinion of the Authority, will permit a reasonably reliable determination of the average composition of such waste, exclusive of stormwater runoff. Samples shall be collected or their collection supervised by a representative of the Authority and will be samples that reasonably reflect the characteristics of the waste. Except as hereinafter provided, the strength of waste so found by analysis shall be used for establishing the surcharge or surcharges. However, the Authority may, if it so elects, accept the results of routine sampling and analyses by the producer of such wastes in lieu of making its own sampling and analyses.
C. 
Calculation of Surcharges. In the event that, after sampling and analysis as prescribed in Subsection 1B hereof, any industrial or commercial waste is found by the Authority to have pollutants of BOD concentration in excess of 250 milligrams per liter (mg/L) and/or total suspended solids concentration in excess of 250 milligrams per liter (mg/L), the producer of said waste shall pay a strength of waste surcharge in addition to the regular sewage service charge, which surcharge shall be computed by using the following formula:
S = 0.00834 QI [(BODI - 250) TA + (TSSI - 250) TB]
Where:
S is the surcharge to be added to the basic user charge.
QI is the industrial or commercial waste flow expressed in million gallons.
0.00834 is a constant to convert waste concentration.
BODI and TSSI are the respective concentrations of BOD and total suspended solids of the industrial or commercial waste expressed in milligrams per liter (mg/L).
250 is a constant which expresses the waste load concentrations of BOD and total suspended solids for normal domestic strength sewage in milligrams per liter (mg/L).
TA and TB are actual treatment costs incurred by the Authority per 1,000 pounds of BOD and total suspended solids, respectively. These costs are determined annually by the Authority based upon actual costs of operation and maintenance.
When a value of BOD and/or total suspended solids is less than 250 milligrams per liter (mg/L), then 250 milligrams per liter (mg/L) shall be used in the calculation of the surcharge.
D. 
Sampling Fees and Schedules. All industrial or commercial users and all significant waste generators shall be assessed a fee or service charge for each sampling to be performed by the Authority. The fees to the user for each sampling shall include charges, as determined by the Authority, for sample collection, analysis and administrative services, and shall be in addition to any costs of sample collection and analysis which the user performs or has performed independently or privately.
[Ord. 119-2004, 5/17/2004, § 5; as amended by Ord. 155-2009, 8/3/2009, § 6]
1. 
General.
A. 
Permits Required for Certain Wastes. Only sanitary sewage may be discharged into the public sanitary sewage system except as may be authorized by the Authority in accordance with the provisions of this Part concerning industrial waste discharge permits, waste hauler licenses, waste generator permits and commercial discharge permits.
2. 
Permits and Licenses.
A. 
Permits and Licenses Required. No sanitary sewage, industrial waste, trucked industrial waste, holding tank waste or septage shall be discharged to the treatment plant from any significant industrial user, significant waste generator or waste hauler other than that for which the following permits or licenses have been issued:
(1) 
Significant industrial users require industrial waste discharge permits.
(2) 
Significant waste generators require waste permits.
(3) 
Waste haulers require waste hauler licenses.
B. 
Commercial Discharge Permits. When determined by the Authority a commercial establishment may be required to obtain a commercial discharge permit.
C. 
Permit and License Applications. All industrial users, waste generators and waste haulers proposing to contribute to the public sanitary sewage system shall make application for a permit or license according to Subsection 2C(1) and (2) of this section. All existing significant industrial users, significant waste generators and waste haulers contributing to the treatment plant at the time of the adoption of this Part shall apply for a permit or license within 30 days after the adoption of this Part, and shall obtain a permit or license within 90 days after the effective date of this Part. Any user required to apply for a permit or license shall complete and file an application form approved by the Authority, accompanied by a nonreturnable processing fee to be set by the Authority. Proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the treatment plant. In support of the application for an industrial waste discharge permit, commercial discharge permit, waste permit or waste hauler license the user may be required to submit, in units and terms appropriate for evaluation, any of the following information, including, but not limited to:
(1) 
Name, address, location, phone number.
(2) 
Standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987.
(3) 
Names of responsible individuals.
(4) 
Waste constituents and characteristics, before and after pretreatment, as determined by a reliable analytical laboratory.
(5) 
Time and duration of contribution.
(6) 
Average daily waste flow rates and/or estimated or required daily discharge volumes and frequency, including daily, monthly and seasonal variations, if any.
(7) 
Site plans, plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.
(8) 
Description of activities, and plant processes on the premises including all materials which are or could be discharged.
(9) 
Description of waste to be discharged.
(10) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by the Authority, state or state pretreatment standards, and a statement reviewed by an authorized representative of the user (as defined in § 18-202, Subsection 2) and certified to by a qualified professional, indicating whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional pretreatment is required for the user to meet applicable pretreatment standards.
(11) 
If additional pretreatment and/or operation and maintenance (O&M) will be required to meet pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(12) 
Make, model, year, capacity and vehicle registration number of all vehicles to be used for transportation and discharge at the treatment plant.
(13) 
Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
(14) 
Any other information as may be deemed by the Authority to be necessary to evaluate the permit application. The Township or the Authority shall also have, at its discretion, the right to inspect the premises, equipment and material, and laboratory testing facilities of the applicant. The completed application shall be signed by the user's responsible individuals. The Authority will evaluate the data furnished by the user for completeness and may require additional information. After evaluation and acceptance of the data furnished as a complete application, the Authority may for cause shown either refuse to issue or may issue a permit or license subject to terms and conditions provided herein. If the application for a permit or license is denied by the Authority, or if the discharge indicated from the application is not in accordance with the requirements of this Part, the user may have the Authority review the denial, provided the user shall give written notice of his request within 30 days after receiving the denial. The Authority shall review the permit application, the written denial, and such other evidence and matters as the applicant shall present at a public hearing following receipt of request for its review, and the decision of the Authority rendered publicly shall be final.
D. 
Terms and Conditions of Permits and Licenses. Permits and licenses may include any of the following terms and conditions, including, but not limited to:
(1) 
Maximum discharge flow rate.
(2) 
Term of permit.
(3) 
Definitions.
(4) 
General limitations.
(5) 
Specific limitations.
(6) 
Special conditions.
(7) 
Self-monitoring requirements (including sampling, reporting, notification and record keeping).
(8) 
Reopener clause.
(9) 
Compliance schedules (if required).
(10) 
Statements of applicable civil and criminal penalties.
(11) 
Statement of nontransferability.
(12) 
Best management practices.
E. 
Industrial Waste Discharge Permit and Commercial Discharge Permit. Industrial waste discharge permits and commercial discharge permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit accompanied by a nonreturnable processing fee to be set from time to time by resolution of the Authority. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit to accommodate changing conditions and as local, state and state laws, rules and regulations are modified or amended, or other just cause exists. The user shall be informed of any proposed changes in his permit at least 60 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, including a comment period which shall be the first 30 days of the sixty-day period prior to the effective date of change.
F. 
Waste Permit and Waste Hauler License Duration. Waste permits and waste hauler licenses shall be issued for a specified time period, not to exceed one year. Each significant waste generator or waste hauler shall apply for a waste permit or waste hauler license reissuance a minimum of 30 days prior to the expiration of the existing permit or license accompanied by a nonreturnable processing fee to be set from time to time by resolution of the Authority. The terms and conditions of the waste permit or waste hauler license shall be subject to modification by the Authority during the term of the permit or license to accommodate changing conditions and as local, state and state laws, rules and regulations are modified or amended, or other just cause exists.
G. 
Permit and License Transfer. Permits and licenses are issued to a specific operation. No permit or license shall be assigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the prior approval of the Authority upon written application therefore accompanied by a nonreturnable processing fee to be set from time to time by resolution of the Authority. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit or license.
H. 
Revocation of Permits and Licenses. All permits and licenses are subject to revocation according to the provisions outlined in § 18-205, Subsection 3. In the event that any discharge of material to a sewer shall materially and substantially differ in type or volume from that shown in the application or permit, the person and user shall immediately cease and desist from such discharge. The Township or Authority may suspend any permit, license, and/or waste treatment service when such suspension is necessary, in the judgment of the Township or Authority, in order to stop a discharge which presents a hazard to the public health, safety, or welfare, to the environment or operations at the Authority's treatment plant or upon a finding that the discharger has violated any provisions of this Part. Any discharger notified of such a suspension shall immediately stop the discharge of all wastes into the system. The Township or Authority may reinstate the permit or license upon proof of satisfactory compliance with all discharge requirements of this Part and all other requirements of the Township or Authority. In the event of a failure of a person to comply voluntarily with the suspension order, the Township or Authority may take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the system or endangerment to any individuals. The Township or Authority may reinstate the permit, license and/or the waste treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Township or Authority within 15 days of the date of the occurrence.
3. 
Permit/License Revocation; Causes for Revocation.
A. 
Causes for Revocation. An industrial waste discharge permit or a hauler license or a waste permit or a commercial discharge permit may be revoked by the Township or Authority for, including, but not limited to, the following causes.
(1) 
Failure of a permittee or licensee to accurately report his wastewater characteristics.
(2) 
Failure of a permittee to report significant changes in operations which affect wastewater characteristics.
(3) 
Refusal of access to the permittee's premises or licensee's vehicle for the purpose of inspection or monitoring.
(4) 
Any violation of any condition of any permit or license or this Part.
(5) 
Falsification of self-monitoring reports.
(6) 
Application falsification.
(7) 
Tampering with monitoring equipment.
(8) 
Failure to meet compliance schedule.
4. 
Compliance Schedules.
A. 
Compliance Schedules Required. If additional pretreatment and/or operation and maintenance procedures are required for a permittee to meet all applicable regulations contained herein, the shortest schedule by which the permittee can provide such additional pretreatment and/or operation and maintenance procedures may be issued by the Authority or submitted by the permittee to the Authority for review and approval. The completion date for this schedule shall not be later than the compliance date established for applicable pretreatment standards. The Authority shall have the right to deny or to require the modification of proposed compliance schedules.
B. 
Compliance Schedule Increments of Progress. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the permittee to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
C. 
Time Limits for Increments of Progress. No increment of progress shall exceed nine months.
D. 
Compliance Schedule Compliance Reports. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Authority including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with this increment of progress, the reason for delay, and the steps being taken by the permittee to return to the schedule established. In no event shall more than nine months elapse between such progress reports to the Authority. Failure to meet required milestone dates shall constitute a violation of this Part.
5. 
Record Maintenance.
A. 
Record Retention Requirements. All users shall maintain and retain all records, including, but not limited to, documentation associated with best management practices, relating to wastewater discharged for a period of not less than three years and shall afford the Authority access thereto at all reasonable times. This period of retention shall be extended during the course of any unresolved litigation. Such records shall include for all samples:
(1) 
The date, exact place, method, and time of sampling and the names of the person or persons taking the samples.
(2) 
The date(s) and time(s) the analyses were performed.
(3) 
Who performed the analyses.
(4) 
The analytical techniques/methods used.
(5) 
The results of such analyses.
B. 
Availability of Records. All records maintained by users relating to compliance with pretreatment standards shall be made available to officials of the EPA, DEP, Township, and Authority for inspection and copying upon request.
6. 
Industrial Agreements.
A. 
Industrial Agreements Required. As a condition precedent to the issuance of an industrial waste discharge permit, the Authority shall require industrial users to enter into agreements with the Authority containing such provisions as the Authority deems appropriate in furtherance of its effort to comply with regulations promulgated by the EPA in 40 CFR, Part 403. Industrial users shall comply with state, state and local statutes, ordinances, rules and regulations, and with the provisions of such agreements; and, in the event of conflict between provisions, shall comply with whichever provision on a particular matter is most stringent or more strict.
7. 
Pretreatment and Handling of Industrial Wastes.
A. 
General. Users shall provide necessary pretreatment as required to comply with this Part and shall achieve compliance with all national categorical pretreatment standards within time limitations as specified in 40 CFR, Part 403, and amendments thereto. Any facilities required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review, and shall be acceptable to the Authority before construction of the facility. The review of such plans and operating procedures and approval of such plans as required by § 18-205, Subsection 7C, shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of this Part. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Authority prior to the user's initiation of the changes.
B. 
Purposes and Pretreatment. The Authority may require the owner of an improved property to construct, operate and maintain at his expense a pretreatment facility when, in the opinion of the Authority, such facility is necessary to reduce quantities and/or concentrations of pollutants or flows to:
(1) 
Decrease the concentration levels of pollutants in the wastewater discharge to comply with the maximum limits specified in § 18-203.
(2) 
Prevent excessive quantities of flow.
(3) 
Prevent discharges (flow or concentration) of pollutants from the user which may cause interference or pass through at the Authority's treatment plant.
C. 
Review and Approval of Pretreatment Facilities. If required by the Authority, no pretreatment plant and facilities shall be constructed or operated unless all plans, specifications, technical operating data, and other information pertinent to its proposed operation and maintenance are reviewed by the Authority and found by the Authority to conform to all Authority regulations; and unless written approval of the plans, specifications, technical operating data and biosolids disposal methods has been obtained by the Authority from the EPA, the Commonwealth of Pennsylvania, and any other local, state or state agency having regulatory authority with respect thereto, providing such approval is required by those agencies.
D. 
Pretreatment Facility Maintenance Requirement. All such pretreatment facilities as required by this Part shall be maintained continuously in satisfactory and effective operating conditions by the user or person operating and maintaining the facility served thereby, and at the user's expense. The Township and the Authority shall have access to such facilities at all reasonable times for purposes of inspection and testing.
E. 
Rejection of Waste If Not Adequately Pretreated. The Township and Authority reserve the right to reject admission to the system of any waste harmful to the public sanitary sewage system or to the receiving stream, to compel discontinuance of use of the public sanitary sewage system or to compel pretreatment of industrial wastes in order to prevent discharges deemed harmful to or having a deleterious effect upon any portion of the public sanitary sewage system or receiving stream.
8. 
Sampling Procedures and Reporting Criteria for Industrial Users, Waste Haulers and Waste Generators.
A. 
Self-Monitoring Reports.
(1) 
All significant industrial users shall submit at least at least twice annually to the Authority a self-monitoring report on a form approved by the Authority indicating the nature and concentration of pollutants in the waste discharged to the Authority treatment plant which are of particular concern to the Authority and which are limited by this Part. The waste characteristics to be measured and reported shall be determined by the Authority and specified in the industrial waste discharge permit or waste permit. All wastewater samples must be representative of the user's discharge. In cases where the Part requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Authority to determine compliance of the user. If an industrial user monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the report. In addition, this report shall include flow information for the reporting period, and shall be signed by the user's responsible individuals. This report shall be received by the Authority no later than the thirtieth day of the month following the quarter for which the report is required.
(2) 
All categorical industrial users and categorical waste generators shall submit at least twice annually to the Authority a self-monitoring report on a form approved by the Authority indicating the nature and concentration of pollutants in the waste discharged to the Authority treatment plant which are of particular concern to the Authority and which are limited by this Part. The waste characteristics to be measured and reported shall be determined by the Authority and specified in the industrial waste discharge permit or waste permit. All wastewater samples must be representative of the user's discharge and, for any parameters required to be analyzed utilizing a grab sample, a minimum of one grab sample must be collected and analyzed for each parameter. In cases where the Part requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Authority to determine compliance of the user. If a categorical industrial user or categorical waste generator monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the report. In addition, this report shall include flow information for the reporting period, and shall be signed by the user's responsible individuals. This report shall be received by the Authority no later than the thirtieth day of the month following the period for which the report is required.
(3) 
All significant waste generators shall submit at least annually to the Authority a self-monitoring report on a form approved by the Authority indicating the nature and concentration of pollutants in the waste discharged to the Authority treatment plant which are of particular concern to the Authority and which are limited by this Part. The waste characteristics to be measured and reported shall be determined by the Authority and specified in the industrial waste discharge permit or waste permit. All wastewater samples must be representative of the user's discharge and, for all parameters required to be analyzed utilizing a grab sample, a minimum of one grab sample must be collected and analyzed for each parameter. In cases where the Part requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Authority to determine compliance of the user. If a significant waste generator monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the report. In addition, this report shall include flow information for the reporting period, and shall be signed by the user's responsible individuals. This report shall be received by the Authority no later than the 30th day of the month following the period for which the report is required.
B. 
Responsible Individuals. All significant industrial users, significant waste generators, licensed waste haulers and industrial users issued commercial discharge permits shall designate responsible individuals as described by this Part.
C. 
Signatory Requirements. All reports submitted pursuant to requirements outlined in this Part including, but not limited to, the "Baseline Monitoring Report," the "Self-Monitoring Report" and the "Report on Compliance with National Categorical Pretreatment Standards or ninety-day Compliance Report" shall be signed by the user's responsible individuals.
D. 
Certification Requirements. All reports referenced in § 18-205, Subsection 8, as well as industrial waste discharge permit applications, waste permit applications and waste hauler license applications submitted pursuant to § 18-205, Subsection 1, shall include the following statement:
I certify, under penalty of law, that this document and all attachments, were prepared under my direction or supervision in accordance with a system designed to assure that quality personnel properly gather, and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
E. 
Monitoring Manholes. Whenever required by the Township or the Authority, the owner of any property served by a building sewer carrying wastewater and material shall install a large manhole or sampling chamber, flow metering chamber, flow monitoring equipment, pH monitoring equipment and other appurtenances in the building sewer to facilitate the observation, sampling and measurement of the combined flow of wastes from the user's premises into the public sanitary sewage system. These monitoring facilities shall be constructed in accordance with plans and specifications approved by the Township or the Authority and installed and maintained at all times at the user's expense. There shall be ample room in each sampling chamber to accurately sample and composite samples for analysis. The chamber shall be safely and easily and independently (of other premises and buildings of users) accessible to authorized representatives of the Township and Authority at all times. When construction of a sampling chamber and monitoring facilities are not economically or otherwise feasible in the opinion of the Authority, alternative arrangements for sampling and monitoring may be made at the discretion of the Authority.
F. 
Flow Monitoring and Recording. Each flow measuring chamber shall contain a Parshall flume, weir or similar device with a recording and totalizing register for measuring liquid quantity, or the metered water supply to the industrial plant may be used as a measure of liquid quantity where it is substantiated by the Authority that the metered water supply and waste quantities are approximately equal or where a measurable adjustment agreed to by the Authority is made in the metered water supply to determine the liquid waste quantity.
G. 
Sampling by Authority. Samples shall be taken as deemed appropriate by the Authority. All significant industrial users shall be sampled by the Authority at least once per year. Such sampling shall be done as prescribed by the Authority to insure that the compliance of the user is determined with a reasonable degree of certainty for the entire reporting period. Samples shall be taken at the manhole or metering chamber referred to in § 18-205, Subsection 8E, or in the absence of such manhole or metering chamber, at such place as the Authority shall determine will provide a representative sample of the discharge and shall represent the entire flows from the significant industrial user.
H. 
Inspection and Verification of Sampling and Testing. The sampling frequency, sampling device, sampling methods, and analyses of samples shall be subject, at any time, to inspection and verification by the Township or the Authority.
I. 
Sampling and Testing Methods. All sampling measurements, tests and analyses of the characteristics of waters and wastes shall be determined in accordance with procedures contained in 40 CFR, Part 136, and amendments hereto or any other method approved by the EPA.
J. 
Confidentiality of Information. The Township or Authority shall consider all information in their possession regarding an industrial user's or waste generator's effluent characteristics as being nonconfidential and may make all such information available to the public without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the Township or Authority that the release of such information in their possession would divulge information of processes or methods of production entitled to protection as trade secrets of the user. Upon written request, at the time of submission of the data by the industrial user or waste generator furnishing a report, permit application or answering a questionnaire, those portions of any document which might disclose trade secrets or secret processes shall not be disclosed to any person other than to duly authorized representatives of EPA or DEP. Any effluent data of a user's waste will not be recognized as confidential information or as a trade secret.
K. 
Sampling and Testing Costs. When the Authority conducts its own sampling and/or analyses of wastes discharged by any user, the Authority may make or have made any such tests, and the user shall reimburse the Authority for the full cost thereof. Such costs shall be established by resolution annually.
L. 
Ninety-Day Compliance Reports. Within 90 days following the date for final compliance with applicable national categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the treatment plant, any industrial user or waste generator subject to national categorical pretreatment standards and requirements shall submit to the Authority a report containing the information listed in 40 CFR 403.12(b)(4) through (6), indicating the nature and concentration for all pollutants in the discharge from the regulated process which are limited by the national categorical pretreatment standards and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards. Industrial users or waste generators subject to equivalent mass or concentration limits established in accordance with 40 CFR 403.6(c), must include in the report a reasonable measure of the user's long term production rate. For all other industrial 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. The report shall indicate the compliance status of the user with the applicable pretreatment standards as listed in 40 CFR 403.12(b) and (d), whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with all applicable pretreatment standards. This statement shall be signed by the user's responsible individuals.
M. 
Baseline Monitoring Reports. All industrial users and waste generators subject to national categorical pretreatment standards shall submit to the Authority, within 180 days after the effective date of a categorical standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, a report (Baseline Monitoring Report) which indicates the compliance status of the user with the applicable national categorical pretreatment standards as listed in 40 CFR 403.12(b).
N. 
New or Increased Contributions. All industrial users, waste haulers or waste generators shall immediately notify the Authority prior to any changes in the volume or character of their waste discharge or in the operation of their pretreatment processes that may result in interference or pass through at the treatment plant, or affect the potential for a slug discharge to the treatment plant. The Authority reserves the right to deny the admission of or to require the pretreatment of all discharges to the public sanitary sewage system.
O. 
Mass Limitations. The Authority may impose mass limitations on users which, in the opinion of the Authority are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection 8A of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Authority, of pollutants contained herein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in accordance with procedures established by EPA pursuant to § 304(g) of the CWA and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by EPA.
P. 
Notice of Violation/Resampling Requirement. If sampling performed by an industrial user or significant waste generator indicates a violation, the industrial user or significant waste generator shall notify the Authority within 24 hours of becoming aware of the violation. The industrial user or significant waste generator shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Authority within 30 days after becoming aware of the violation pursuant to 40 CFR 403.12(g). Where the Authority has performed the sampling and analysis in lieu of the industrial user or significant waste generator, the Authority must perform the repeat sampling and analysis within 30 days unless it notifies the industrial user or significant waste generator of the violation and requires the industrial user or significant waste generator to perform the repeat analysis.
Q. 
Annual Fee. All permitted industrial users shall be subject to an annual fee to defray the cost of administration of this Part. The annual fee shall be set from time to time by resolution of the Authority.
9. 
Administrative Fee. All connected and nonconnected users utilizing the services of the Authority under this Part shall be subject to an administrative fee to defray the cost of processing invoices, bills and other charges and fees for such services. The administrative fee shall be set from time to time by resolution of the Authority.
[Ord. 119-2004, 5/17/2004, § 6; as amended by Ord. 155-2009, 8/3/2009, § 7; and by Ord. 160-2010, 10/4/2010]
1. 
Enforcement Response. This Part may be enforced by the Township or the Authority. Provided, however, the Township hereby delegates to and the Authority hereby accepts primary enforcement responsibility for all provisions and requirements of this Part. Enforcement actions taken by the Authority shall be consistent with an enforcement response plan maintained at the wastewater treatment plant offices.
2. 
Inspection Rights. Any duly authorized employee or agent of the Township or Authority bearing credentials which so identify them shall be permitted at any reasonable time to enter upon all properties served by the treatment plant or all properties generating trucked waste for discharge to the treatment plant, or licensed vehicles transporting waste for the purpose of discharge at the treatment plant, for the purpose of inspecting, observing, measuring, sampling and testing, as may be required in pursuance of the implementation and enforcement of the terms and provisions of this Part. Any records of monitoring activities or results maintained by any user shall be made available for inspection and copying by the Authority and/or the DEP and/or the EPA. Users may be required by the Authority to install monitoring equipment, as per 40 CFR 403.8(f)(1)(v).
3. 
Injunctive Relief. The Township and/or Authority reserve the right to seek injunctive relief for noncompliance by any industrial user or waste generator with any pretreatment standard or pretreatment requirement, or for noncompliance by any person with any provision of this Part. The Authority, through counsel, may petition the court for the issuance of a preliminary or permanent injunction (or both, as may be appropriate), which restrains or compels the activities on the part of the industrial user, waste generator, or person, including a prayer for payment of costs and attorney's fees as may be authorized by law. In addition, the Township and/or Authority shall have such remedies to collect all fees incurred by the Township and/or Authority as a result of this petition as it has to collect other sewer service charges.
4. 
Show Cause Hearing. The Township and/or Authority may order any industrial user which causes or contributes to a violation of this Part or industrial waste discharge permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the industrial user specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail to any principal executive, general partner, corporate officer or owner of the industrial user at least 10 days prior to the hearing. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.
5. 
Emergency Response.
A. 
General. The Township and/or Authority may suspend the waste treatment service and/or industrial waste discharge permit, waste permit, waste hauler license, or commercial discharge permit whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the public sanitary sewage system or the environment. Any user notified of a suspension of the waste treatment service and/or industrial waste discharge permit, waste permit, waste hauler license or commercial discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Township and/or Authority shall take such steps as deemed necessary, including the immediate severance of the sewer connection, to prevent or minimize damage to the treatment plant, its receiving stream, or endangerment to any individuals. The Township and/or Authority may allow the user to recommence its discharge when the endangerment has passed, unless the permit revocation proceedings set forth in § 18-205, Subsection 2H, are initiated against the user.
B. 
Report Requirements. Any industrial user which is responsible, in whole or in part, for 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 Township and/or Authority prior to the date of a show cause hearing as described in § 18-206, Subsection 4.
6. 
Administrative Fine.
A. 
General. Notwithstanding any other section of this Part, any user, industrial user or waste generator or waste hauler who is found to have violated any provision of this Part, or commercial discharge permit or industrial waste discharge permit, or waste permit or hauler license or order issued hereunder, shall be fined in an amount up to $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. All fine money shall be made payable to the Township and/or the Authority. The Township and/or Authority shall have such other collection remedies as it has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property.
B. 
Appeals. Users who desire to dispute such fines must file a request before the Authority to reconsider the fine within 10 working days of being notified of the fine.
7. 
Civil Penalties.
A. 
General. Any person who violates any substantive or procedural provision of § 18-203 or any term or condition of any industrial waste discharge permit, commercial discharge permit or waste permit shall be subject to a civil penalty not to exceed $25,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct violation. Notwithstanding the foregoing, a single operational upset which gives rise to simultaneous violations shall be treated as a single violation.
B. 
Appeals. Users who desire to dispute such fines must file a request before the Authority to reconsider the fine within 10 working days of being notified of the fine.
8. 
Criminal Penalties.
A. 
General. Any person who willfully or negligently violates any provision of this Part or who violates any condition of an industrial waste discharge permit, a waste permit, a hauler license, a commercial discharge permit or an order issued pursuant to this Part, is guilty of a summary offense, and, following institution of a summary proceeding by the Township and, upon conviction, such person shall be subject to a fine of not less than $100 nor more than $1,000 for each separate offense, and, in default of the payment of such a fine, a person shall be imprisoned for a period of 90 days.
B. 
Partnership, Corporations and Associations. If such person violating the provisions of this Part shall be a partnership, then the members thereof, or if such person be a corporation or association, then the officers, members, agents, servants, or employees thereof shall, in default of payment of any fine levied under this section, be imprisoned.
C. 
Continuing Violations. Each day of continued violation of any provision of this Part shall constitute a separate offense.
D. 
Transfer of Fine Money. All fine money assessed through suit or summary proceedings before any magisterial district judge, pursuant to this section, shall be transferred to the municipality instituting the summary proceeding for the use and benefit of the Township and/or the Authority.
9. 
Notice of Violation.
A. 
General. Whenever the Township and/or Authority determines that any industrial user or waste generator or waste hauler has violated any provisions of any permit or license issued under any section of this Part, or a compliance schedule issued under § 18-205, Subsection 4, the Township and/or Authority or their duly authorized representative shall serve upon said user a written notice of violation. Within 10 working days of the receipt of this notice, a written response to this notice, including an explanation of the cause of the violation and a plan for the correction and prevention thereof, shall be submitted to the Township and/or Authority by the user. 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.
10. 
Public Notification. The Authority shall at least annually publish in the largest daily newspaper published in the area encompassed by the Authority, a list of the users which were significantly violating applicable pretreatment standards or requirements or other provisions of this Part, or who were determined to be in significant noncompliance, during the 12 previous months. Significant noncompliance shall be determined according to the standards as defined in 40 CFR 403.8(f)(2)(vii).