Township of North Lebanon, PA STRONG WASTE MANAGEMENT PLAN

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

BIOCHEMICAL OXYGEN DEMAND (BOD)

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

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

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

The individuals described in Subsections A through C above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the Authority.

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

BUILDING SEWER or LATERAL

The extension of the building drain to the public sewer main or other place of disposal. The property owner is responsible for maintaining this portion.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

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

CHLORINE DEMAND

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

CITY

The City of Lebanon, the City of Lebanon Authority or the Lebanon City Council.

COLOR

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

COMMERCIAL USER

A source of indirect discharge of wastes which is not considered industrial or normal domestic waste. Any home occupation which discharges wastes may be included here.

COMPOSITE SAMPLE

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

COOLING WATER

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

DIRECT DISCHARGE

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

DOMESTIC WASTE

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

ENVIRONMENTAL PROTECTION AGENCY (EPA)

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

EQUIVALENT DWELLING UNIT

The quantity of flow, as established from time to time by resolution of the Authority, which is equivalent to the average amount of water consumed by a single residential unit. The number of equivalent dwelling units (EDU's) assigned to a residential dwelling unit, regardless of water consumption, is one. One EDU equals 262.5 gallons per day or as defined in the Tapping Fee Resolution of the Authority.

EXISTING SOURCE

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

GARBAGE

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

GRAB SAMPLE

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

GROUND GARBAGE

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

GROUND WATER

Water which is standing in or passing through the ground.

HOLDING TANK WASTE

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

IMPROVED PROPERTY

Any property within the service area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the NLTMA Collection System from any nondomestic source regulated under §§ 307(b), (c) or (d) of the Act, as may be amended from time to time.

INDUSTRIAL ESTABLISHMENT

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

INDUSTRIAL USER

A source of indirect discharge industrial waste which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342), as may be amended from time to time.

INDUSTRIAL WASTE

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

INDUSTRIAL WASTE PERMIT

A permit to deposit or discharge liquid industrial wastes into the NLTMA Collection System.

INFILTRATION

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

INFILTRATION INFLOW

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

INFLOW

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

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

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

INTERFERENCE

A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits, damages or disrupts the North Lebanon Township Municipal Authority Collection System operations.

MANHOLE

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

MAY

Permissive. "Shall" is mandatory.

MEDICAL WASTE

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

mg/L

Milligrams per liter. Equivalent to parts per million (ppm) by weight.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or 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. § 1347) which applies to a specific category of industrial users, as amended from time to time.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342), as amended from time to time.

NEW SOURCE

Any building, structure, facility or installations 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 Act, as amended from time to time, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

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

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

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

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(1) or (2) above, but otherwise alters, replaces or adds to existing process or production equipment.

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

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

Any placement, assembly or installation of facilities or equipment.

Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.

PRETREATMENT REQUIREMENTS

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this section.

Any building, structure, facility or installation from which the discharge of wastes has changed from its previous use.

NLTMA COLLECTION SYSTEM

The series of devices, systems, pumping stations, equipment and appurtenances owned by North Lebanon Township and/or the North Lebanon Township Municipal Authority, used in the collection, storage, transportation, treatment, recycling and reclamation of sewage, industrial or commercial wastes and strong wastes of a liquid nature. Any municipalities having a collection system connected to the Township's and/or Authority's collection system is considered to be covered by this Part.

NONCONTACT COOLING WATER

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

NORMAL STRENGTH WASTE

Sewage when analyzed or caused to be analyzed by the Authority shows a daily average of not more than 350 mg/L of total suspended solids, 300 mg/L of BOD₅, 16 mg/L of phosphorous, 28 mg/L of ammonia nitrogen, 40 mg/L of fats, oils and grease and/or 1.0 mg/L of sulfide.

OBJECTIONABLE WASTE

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

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property connected to NLTMA Collection System.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.

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

POLLUTANT

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

POLLUTION

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

PRETREATMENT

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

PRETREATMENT COORDINATOR

The person(s) designated by the Authority to supervise, implement, administer and enforce the strong waste management program and charged with certain duties.

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

PRETREATMENT STANDARDS or STANDARDS

Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances, these prohibitions appear in § 18-913, Subsection 1, of this Part.

SANITARY SEWER

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

SEPTIC TANK WASTE

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

SEWAGE

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

SHALL

Mandatory. "May" is permissive.

SIGNIFICANT INDUSTRIAL USER

A user subject to categorical pretreatment standards.

A user that:

Discharges a monthly average of 25,000 gpd or more of wastewater to the NLTMA Collection System.

SIGNIFICANT NONCOMPLIANCE (SNC)

Is designated as such by the Authority on the basis that it has a reasonable potential for adversely affecting the NLTMA Collection System's operation or for violating any pretreatment standard or requirement.

Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the NLTMA Collection System'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 a user (and in accordance with procedures in 40 CFR 403.8(f)(6) and as amended from time to time) determine that such user should not be considered a significant industrial user.

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

Violation of Wastewater Discharge Limits:

Chronic Violations. Sixty-six percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of exceedance).

Technical Review Criteria (TRC) Violations. Thirty-three percent or more of the measurements exceed the same daily maximum limit or the same average limit by more than the following TRC in a six-month period.

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

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

Any other violation(s) of an effluent limit that the Authority believes has caused, alone (e.g., slug loads) or in combination with other discharges, interference or passthrough or endangered the health of the sewage treatment personnel or the public.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

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

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

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

Failure to accurately report noncompliance.

Any other violation or group of violations that the Authority considers to be significant.

SLUG LOAD or SLUG

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharges standards in § 18-913, Subsection 1, of this Part.

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

STATE

The Commonwealth of Pennsylvania.

STORMWATER

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

STRONG WASTE

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

STRONG WASTE PERMIT

A permit to discharge liquid wastes which are not considered domestic waste to the NLTMA Collection System.

STRONG WASTE SURCHARGE

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

SURFACE WATER

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

SUSPENDED SOLIDS

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

TOTAL SOLIDS

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

TOWNSHIP

Township of North Lebanon and/or the Board of Supervisors or, in appropriate cases, the North Lebanon Township Municipal Authority.

TOXIC POLLUTANT

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

TOXIC SUBSTANCE

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

USER OR INDUSTRIAL USER

A source of indirect discharge.

WASTEWATER

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

WATERS OF THE STATE

All streams, lakes, ponds, marshes, water-courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.

Abbreviations. The following abbreviations have the designated meanings:

BOD	—	Biochemical Oxygen Demand.
CFR	—	Code of Federal Regulations.
COD	—	Chemical Oxygen Demand.
EPA	—	U.S. Environmental Protection Agency.
FOG	—	Fats, oils and greases.
gpd	—	Gallons per day.
l	—	liter.
mg	—	Milligrams.
mg/L	—	Milligrams per liter.
NLTMA	—	North Lebanon Township Municipal Authority.
NPDES	—	National Pollutant Discharge Elimination System.
O & M	—	Operation and maintenance.
RCRA	—	Resource Conservation and Recovery Act.
SIC	—	Standard industrial classification.
SWDA	—	Solid Waste Disposal Act (42 U.S.C. § 6901, et seq.).
TSS	—	Total suspended solids.
USC	—	United States Code.

§ 18-913 General Sewer Use Requirements.

[Ord. 1-1999, 8/16/1999, Attachment]

Prohibited Discharge Standards.

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

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

Pollutants which create a fire or explosive hazard in the NLTMA Collection System including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. (60° C.) or producing an atmosphere where the lower explosive limit exceeds 5% using the test methods specified in 40 CFR 261.21, as amended from time to time.

Wastewater having a pH of less than 6.0 or more than 9.0 or otherwise causing corrosive structural damage to the NLTMA Collection System or equipment.

Solid or viscous substances in amounts which will cause obstruction of the flow to the NLTMA Collection System resulting in interference with the proper operation of the NLTMA Collection System. Such substances include, but are not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, bones, stones, shells, grit, hardened chemicals, rags, animal tissues, down, feathers, tar, plastic, wood, paunch, manure, butchers' offal, whole blood, bentonite, lye, building materials, fleshings, entrails, rubber, hair, leather, porcelain, china, ceramic wastes, plastics, asphalt, paint, waxes, needles or syringes of any type, but in no case solids greater than 1/2 inch in any dimension.

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

(5)

Wastewater having a temperature greater than 104° F. or lower than 32° F. or which will inhibit biological activity in the pump station wet wells resulting in interference.

(6)

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

(7)

Pollutants which result in the presence of toxic gases, vapors or fumes within the NLTMA Collection System in a quantity that may cause acute worker health and safety problems.

(8)

Trucked or hauled pollutants.

(9)

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

(10)

Wastewater containing any radioactive wastes or isotopes except as specifically approved by the pretreatment coordinator.

(11)

Stormwater, surface water, ground water, artesian well water, roof runoff, sump pump discharges, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the Authority. Where unauthorized discharge of these waters into the NLTMA Collection System exists, they shall be remedied in a manner approved by the Authority within 60 days of receipt of a notice from the Authority. In the event such condition is not remedied, the Authority shall cause the condition to be remedied at the owner's expense.

(12)

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

(13)

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

(14)

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

(15)

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

(16)

Any substance that may cause damage to the NLTMA Collection System, pump stations and appurtenances, etc.

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

Federal Categorical Pretreatment Standards. The National categorical pretreatment standards found at 40 CFR Chapter I, subchapter N, Parts 405-471 and as amended from time to time, are hereby incorporated.

State Pretreatment Standards. No state pretreatment standards exist so, in their place, categorical pretreatment standards are hereby incorporated. If they become effective in the future, they are also hereby incorporated.

Local Limits. The City has established pollutant limits for industrial users to protect against passthrough and interference at the Lebanon Wastewater Treatment Plant.

Surcharge Limits. Wastes discharged in excess of normal domestic waste will be surcharged. Normal domestic waste shall be considered to have the following concentration:

BOD₅: 300 mg/L.

Total Suspended Solids: 350 mg/L.

Phosphorous: 16.0 mg/L.

Ammonia Nitrogen: 28.0 mg/L.

Fats, oils and grease: 40 mg/L.

Sulfide: 1.0 mg/L.

Pretreatment Limits. Wastes discharged in excess of the following concentrations shall require pretreatment of the waste prior to discharging to the NLTMA Collection System:

BOC₅: 750 mg/L.

Total Suspended Solids: 875 mg/L.

Phosphorous: 40 mg/L.

Ammonia Nitrogen: 70 mg/L.

Oil and grease: 100 mg/L.

Sulfide: 1.0 mg/L.

pH: six — nine standard units.

The Authority may impose mass limits in addition to or in place of the concentration limits above.

Authority's Right of Revision. The Authority/Township reserves the right to establish, by ordinance or resolution or in wastewater discharge permits, more stringent standards or requirements on discharges to the NLTMA Collection System.

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

Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Authority may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate.

§ 18-914 Pretreatment of Wastewater.

[Ord. 1-1999, 8/16/1999, Attachment]

Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Part and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 18-913, Subsection 1, of this Part within the time limitations specified by the EPA, the state or the Authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Authority for review and shall be acceptable to the Authority before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce an acceptable discharge to the Authority under the provisions of this Part.

Additional Pretreatment Measures. The Authority may require the following:

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

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

Grease, oil and sand interceptors shall be provided when, in the opinion of the Authority, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand. All interception units shall be of type and capacity approved by the Authority and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at his expense, as outlined and directed in the Authority Grease Control Program.

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

Accidental Discharge/Slug Control Plans. The Authority may require any user to develop, submit for approval and implement an accidental discharge/slug control plan. Alternatively, the Authority may develop such a plan for any user at the user's expense. An accidental discharge/slug control plan shall address, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges.

Description of stored chemicals.

Procedures for immediately notifying the NLTMA of an accidental or sludge discharge, as required by § 18-918, Subsection 2, of this Part.

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

Hauled Wastewater. Hauled waste will not be accepted into the collection systems in the Township.

§ 18-915 Fees and Charges.

[Ord. 1-1999, 8/16/1999, Attachment]

Times and Methods of Payment. All bills shall be paid as determined at time frames established by the Authority. All bills shall be due and payable on their respective dates. The Authority may include strength of wastes surcharges on the quarterly sewer rental bills of its users, and need not, in such cases, make separate bills for strength of wastes surcharges. The strong waste surcharge amounts will be updated as necessary.

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

§ 18-916 Wastewater Discharge Permit Application.

[Ord. 1-1999, 8/16/1999, Attachment]

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

Strong Waste Discharge Permit Requirement.

No significant industrial user shall discharge wastewater into the NLTMA Collection System without first obtaining a wastewater discharge permit from Authority and/or the City, except that a significant industrial user that has filed a timely application pursuant to Subsection 3 of this section may continue to discharge for the time period specified therein.

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

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part and subjects the wastewater discharge permittee to the sanctions set out in §§ 18-921 through 18-923 of this Part. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

Wastewater Discharge Permitting; Existing Conditions. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the NLTMA Collection System prior to the effective date of this Part and who wishes to continue such discharges in the future shall, within 30 days after notification by the Authority, apply to the Authority for a wastewater discharge permit in accordance with Subsection 5 of this section and shall not cause or allow discharges to the NLTMA Collection System to continue a date determined by the Authority after the effective date of this Part, except in accordance with a wastewater discharge permit issued by the Authority.

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

Wastewater Discharge Permit Application Contents. All users required to obtain a wastewater discharge permit must submit a permit application on a form provided by the Authority. The Authority may require all users to submit as part of an application the following information:

Identifying information, including the name, address and telephone number of the facility.

Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemical used or stored at the facility which are, or could accidentally or intentionally be, discharged to the NLTMA Collection System.

Number and type of employees, hours of operation and proposed or actual hours of operation.

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

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

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

Time and duration of discharges.

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

An application fee of $100 for regular and commercial users and $500 for significant industrial users, to be paid upon submitting a completed permit application. This fee may be updated by resolution of the Authority.

A statement that the applicant agrees to pay fees and costs for the Authority's monitoring and testing as described in §§ 18-919 and 18-925 of this Part.

Such other information that the Authority may request.

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

Application Signatories and Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain a certification statement similar to the following:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

Wastewater Discharge Permit Decisions. The Authority will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the Authority will determine whether or not to issue a wastewater discharge permit. The Authority may deny any application for a wastewater discharge permit.

§ 18-917 Wastewater Discharge Permit Issuance Process.

[Ord. 1-1999, 8/16/1999, Attachment]

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

Waste Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are reasonably deemed necessary by the Authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the NLTMA Collection System.

Wastewater discharge permits must contain the following conditions:

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

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

Effluent limits based on applicable pretreatment standards, if applicable.

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

(5)

A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

Wastewater discharge permits may contain, but need not be limited to, the following special conditions:

Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulations and equalization.

Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the NLTMA Collection System.

Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated or non-routine discharges.

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the NLTMA Collection System.

(5)

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the NLTMA Collection System.

(6)

Requirements for installation and maintenance of inspection and sampling facilities and equipment.

(7)

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

(8)

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

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

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

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

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

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

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

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

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

A change in the NLTMA Collection System that required either a temporary or permanent reduction or elimination of the authorized discharge.

Information indicating that the permitted discharge poses a threat to the Authority's collection system, equipment, appurtenances or Authority personnel.

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

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

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

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

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

Any other reasons as the Authority deems necessary.

Wastewater Discharge Permit Transfer. Wastewater discharge permits may not be reassigned or transferred to a new owner and/or operator.

Wastewater Discharge Permit Revocation. Wastewater discharge permits may revoked for, but not limited to, the following reasons:

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

Failure to provide prior notification to the Authority of a changed condition pursuant to § 18-918, Subsection 1, of this Part.

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

Falsifying self-monitoring reports.

Tampering with monitoring equipment.

Refusing to allow the Authority timely access to the facility premises and records.

Failure to meet effluent limitations.

Failure to pay fines.

Failure to pay sewer charges.

Failure to meet compliance schedules.

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

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

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

Any other reasons as the Authority deems necessary.

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

Wastewater Discharge Permit Renewal. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application in accordance with § 18-916, Subsection 6, of this Part a minimum of 60 days prior to the expiration of the user's existing wastewater discharge permit. A $100 renewal fee for regular and commercial users or a $500 renewal fee for significant industrial users, together with such other fees and costs incurred by the Authority, shall be submitted along with the completed permit application.

§ 18-918 Reporting Requirements.

[Ord. 1-1999, 8/16/1999, Attachment]

Report of Changed Conditions. Each user must notify the Authority of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 90 days before the change.

The Authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 18-916, Subsection 5, of this Part.

The Authority may issue a wastewater discharge permit under § 18-916, Subsection 7, of this Part or modify an existing wastewater discharge permit under § 18-917, Subsection 4, of this Part in response to changed conditions or anticipated changed conditions.

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

Reports of Potential Problems.

In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load that may cause potential problems for the NLTMA Collection System, the user shall immediately telephone and notify the Authority and City of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume (if known) and corrective actions taken by the user.

Within five days following such discharge, the user shall, unless waived by the Authority, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the NLTMA Collection System, natural resources or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed pursuant to this Part.

Failure to notify the Authority and City of potential problem discharges shall be deemed a violation of this Part.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection 2A above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Authority as the Authority may require.

Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the Authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Authority within 30 days after becoming aware of the violation. The user is not required to resample if the Authority monitors at the user's facility at least once a month or if the Authority samples between the user's initial sampling and when the user receives the results of this sampling.

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

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

Sample Collection.

Except as indicated in Subsection 7B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Authority may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

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

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

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

§ 18-919 Compliance Monitoring.

[Ord. 1-1999, 8/16/1999, Attachment]

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

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

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

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

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

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

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

§ 18-920 Confidential Information.

[Ord. 1-1999, 8/16/1999, Attachment]

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from the Authority's inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests and is able to demonstrate, to the satisfaction of the Authority, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the Strong Waste Management Plan and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302, as amended from time to time, will not be recognized as confidential information and will be available to the public without restriction.

§ 18-921 Administrative Enforcement Remedies.

[Ord. 1-1999, 8/16/1999, Attachment]

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

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

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

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

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

Immediately comply with all requirements.

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

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

Administrative Fines.

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

Unpaid charges, fines and penalties, after 15 calendar days, be assessed an additional penalty of 10% of the unpaid balance and interest shall accrue thereafter at a rate of 1% per month. A lien against the user's property will be sough for unpaid charges, fines and penalties.

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

Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the user.

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

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

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

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

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

Termination of Discharge. In addition to the provision in §§ 18-916, Subsection 6, and 18-917, Subsection 6, of this Part, any user who violates the following conditions is subject to discharge termination:

Violation of wastewater discharge permit conditions.

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

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

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

Violation of the pretreatment standards in § 18-913 of this Part.

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

§ 18-922 Judicial Enforcement Remedies.

[Ord. 1-1999, 8/16/1999, Attachment]

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

Civil Penalties.

In addition to the civil penalty, the Authority may recover the costs for reestablishing the operation of the collection system, pump stations and appurtenances.

The Authority may publicly adopt a formal, written civil penalty assessment policy and make it publicly available. Each user with a wastewater discharge permit shall be given written notice of the policy. In developing the penalty assessment policy, the Authority and/or Township shall consider damage to air, water, land or other natural resources of this commonwealth and their uses, cost of restoration and abatement, savings resulting to the person in consequence of the violation, history of past violations, deterrence of future violations and other relevant factors.

Civil penalties collected pursuant to this act shall be placed in a restricted account and shall only be used by the Authority and/or Township for the repair of damage and any additional maintenance needed or any additional costs imposed as a result of the violation for which the penalty was imposed, to pay any penalties imposed on the Authority and/or Township by the federal or state government for violation of pretreatment standards, for the costs incurred by the Authority and/or Township to investigate and take the enforcement action that resulted in a penalty being imposed, for the monitoring of discharges in the pretreatment program and for capital improvements to the collection system, including sewage collection lines, pump stations and appurtenances which may be required by the pretreatment program. Any remaining funds may be used for capital improvements to the collection system, including collection lines, pump stations and appurtenances.

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

Criminal Prosecution.

A user who violates any provision of this Part, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement shall, upon conviction, be guilty of a summary offense and be subject to a fine of not less than $100 and not more than $1,000 per violation, per day.

A user who knowingly made any false statements, representations or certifications in any application, record, report, plan or other documentation files or required to be maintained pursuant to this Part, wastewater discharge permit or order issued hereunder or who falsified, tampered with or knowingly rendered inaccurate any monitoring device or method required under this Part shall, upon summary conviction, be punished by a fine of not less than $100 and not more than $1,000 per violation per day.

Remedies Nonexclusive. The remedies provided for in this Part are not exclusive. The Authority may take any, all, or any combination of these actions against a noncompliance user. Enforcement of pretreatment violations will generally be in accordance with this Part. However, the Authority may take other action against any user when the circumstances warrant. Further, the Authority is empowered to take more than one enforcement action against any non-compliant user. These actions may be taken concurrently.

§ 18-923 Supplemental Enforcement Action.

[Ord. 1-1999, 8/16/1999, Attachment]

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

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

Water Supply Severance. Whenever a user has violated or continues to violate any provision of this Part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

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

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

§ 18-924 Affirmative Defenses to Discharge Violations.

[Ord. 1-1999, 8/16/1999, Attachment]

Upset.

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

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

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

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

The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures.

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

A description of the indirect discharge and cause of noncompliance.

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

(c)

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

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

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

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

Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 18-913, Subsection 1A, of this Part or the specific prohibitions in § 18-913, Subsection 1B(3), of this Part if it can prove that it did not know, or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (A) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (B) no local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge.

Bypass.

For the purposes of this section:

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

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

Bypass is prohibited, and the Authority may take an enforcement action against a user for a bypass, unless:

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

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

(c)

They have notified the Authority immediately upon learning of the bypass.

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