[Ord. No. 332, 4/10/1989, § 1]
As used in this Part, the following terms shall have the meanings
stated:
The Borough of Hatfield.
The system of public lines leading thereto located within
the Borough and Hatfield Township designed for the collection of sewage
and operated by the Borough and/or the Sewer Authority.
Each structure for continuous or periodic human occupancy
from which sanitary sewage is or may be discharged, and includes,
without limiting the generality of the foregoing, dwellings, flats,
apartments, stores, shops, offices and business or industrial establishments.
Any individual, firm, company, association, society, partnership
or corporation.
Facilities (including any part of, but not necessarily the
entirety of a system of such facilities) operated by the Borough for
the collection of sanitary sewage within the Borough.
The normal, water-carried household and toilet wastes resulting
from human occupancy.
The Hatfield Township Municipal Authority (hereinafter referred
to as "HTMA") if at the time in question it is operating a public
sewer in the Township of Hatfield to which the Borough's public sewer
is connected.
[Ord. No. 332, 4/19/1989, § 2]
1.
Substances Prohibited from Discharge into the Sewage System.
A.
Items Prohibited from Being Discharged into the Sewer System. The
discharge of sanitary sewage only and no other wastes or substances
shall be discharged into the collection system. Without limiting the
generality of the foregoing, the discharge into the collection system
of roof drainage, surface water, ground water, exhaust, steam or any
oils, tar, grease, gas, benzine or other combustible gasses or liquids,
or any dangerous or harmful substance which can adversely affect the
sewage collection system or the sewage treatment process is expressly
prohibited and the HTMA or the Borough may close up or disconnect
any service lateral or house connection found to be carrying any prohibited
substances.
B.
Prohibition of Discharging into the Sewage System. It is hereby prohibited
to dump or discharge or introduce into any piping, manholes, inlets,
catch basins, tanks or any other part or parts of the Borough's sewage
collection system and the treatment facilities any material, solid
or liquid, of any kind whatsoever, except as is specifically regulated
and permitted by the HTMA and the ordinances of Hatfield Borough.
2.
Inspections for Illegal Discharges. The Borough and the HTMA, upon
prior notice to the Borough, at its discretion, may exercise the right
of entry onto any and all private property to observe, inspect, and
otherwise investigate any and all structures housing sewer connections
within the area where sewage collection service is provided. However,
such inspections shall only be carried out when the service area populace
has been generally notified and the following criteria are met:
A.
A legal notice in a newspaper of local area circulation has been
given for three consecutive weeks before commencement of inspections.
B.
Inspections will be held during regular working hours, 9:00 a.m.
through 4:00 p.m. daily, Monday through Friday, unless alternative
arrangements are made with the property owner for the said inspection.
C.
The said inspections shall be held by the Borough and/or the HTMA,
or its authorized representative, and the said inspector shall provide
identification to show the property owner for entry onto or into the
premises.
[Ord. No. 332, 4/19/1989, § 3; as amended by Ord.
No. 357, 10/16/1991, § 18-303; and by Ord. No. 501, 8/15/2012]
1.
Nonresidential Waste Requirements. Notwithstanding the provisions of § 18-302 of this Part, the Borough may permit the discharge into the collection system of industrial waste, but no such industrial waste shall be so discharged except upon written permit of the HTMA. The HTMA shall permit such discharge only after it has found that the same will not damage the collection system or the treatment process. In any event, industrial waste to be acceptable for collection and/or treatment must not:
A.
Be harmful or deleterious to the structure of the sewers or the sewage
treatment plant.
B.
Be inhibitory to the treatment process at the treatment plant.
C.
Be flammable or explosive.
D.
Be discharged into the sewers at temperatures in excess of 150°
F., cause the temperature at any point downstream from the discharge
to be in excess of 130° F., or cause the temperature of influent
at the sewer authority's treatment plant to exceed 104° F.
E.
Be discharged into the sewers in batches of such volume as to be
deleterious or inhibitory to the treatment process at the treatment
plant. Any single industrial facility which discharges more than 10%
of the plant design capacity of TSS and/or BOD and/or P and/or TKN
may be subject to controlled discharging of their effluent. This control
on discharging may be on rate, time of day, or both.
F.
Be of such color, odor, or other physical or chemical characteristic
as to require special treatment to render the resulting effluent of
the treatment plant acceptable for discharge to the receiving stream.
G.
Be food wastes, garbage, vegetable or fruit rinds, or paunch manure,
feathers, bones, rags or any other solid fibrous or viscous inorganic
or organic substance which the sewer system is not intended to receive.
H.
Be of such character, concentration, volume or combination as to
tax the capacity of the treatment plant.
I.
Include synthetic organic detergents, chlorinated and cyclic organics
or similar compounds in such quantity as to interfere with the treatment
process or the satisfactory operation of the treatment plant.
J.
Have a pH of less than six or more than nine or be excessively corrosive
or excessively scale forming.
K.
Include any waters or wastes containing any toxic poisons or any
other material in sufficient quantity to cause a hazard in the operation
of the collection system and/or treatment plant or which may result
in an effluent discharge from the treatment plant unacceptable to
the Pennsylvania Department of Environmental Protection or Pennsylvania
Fish Commission or any other official body having jurisdiction.
2.
Pollutant Limitations.
A.
HTMA may establish numerical local limits that implement the general
and specific prohibitions of 40 CFR 403 and insure compliance with
National Pollutant Discharge Elimination System (NPDES) permit, sludge
use or disposal requirements.
B.
The following are limitations which may be imposed on industrial
discharge by the HTMA in the event of treatment plant capacity and/or
performance problems. In the case of a limited plant capacity or performance
problems, as determined solely by the HTMA, no user shall discharge
industrial waste containing in excess of:
3.
Discharge Limitations. HTMA may establish limits on the rates and
times of industrial waste discharge for any individual industrial
facility which discharges more than 10% of the HTMA's plant design
capacity of TSS and/or BOD5 and/or P and/or
TKN.
4.
Federal Categorical Pretreatment Standards. Upon the promulgation
of the Federal Categorical Pretreatment Standards for a particular
industrial subcategory, the federal standard, whenever more stringent
than the limitations imposed under this Part for sources in that subcategory
shall supersede the limitations imposed under this Part. In such a
case, the HTMA shall notify all affected users of the applicable reporting
requirements of 40 CFR 403.12.
5.
State Requirements. State requirements and limitations on discharge
shall apply in all cases where they are more stringent than the federal
requirements or limitations or those set forth in this Part. In such
a case, the HTMA shall notify all affected users of the applicable
requirements and limitations.
6.
Nonresidential Process Waste Permit Requirements. The issuance of
a permit for the discharge of industrial waste shall be made only
upon application to the HTMA and Borough and upon compliance by the
applicant with such reasonable requirements as the HTMA and Borough
may impose. Prior to the issuance of any permit, the HTMA and Borough
may conduct a sewage quality analysis or lab test consisting of one
or more tests of the industrial waste in question. The number of such
tests shall be at the sole discretion of the HTMA and Borough. The
tests may include inquiries into the suspended solids, biochemical,
oxygen demand, phosphorous content, total Kjeldahl nitrogen content,
pH content, chlorine demand and COD of the industrial waste permit,
the applicant shall pay the cost of the aforesaid sewage quality analysis
or lab fee. Special analysis conducted, such as that for heavy metals,
GC, etc., shall also be charged to the applicant.
7.
Permit Modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, any permit issued under this § 18-303 shall be revised to require compliance with the standard and within such time as prescribed by the standard.
8.
Permit Duration. Permits shall be effective for a period of one year
from the date of issuance. The user shall apply for permit reissuance
at least 180 days prior to the expiration of the user's existing permit.
9.
Permit Transfer. Permits issued under this Part shall not be assigned
or transferred to any person or entity by the user. A new user, including
any new owner of an industrial facility, must apply for a new permit.
10.
Permit Conditions. Permits issued under the terms of this Part shall
be expressly subject to all provisions of this Part and all other
applicable regulations, user charges and fees established by HTMA
and the Borough. Permits may contain the following:
A.
The unit charge or schedule of user charges and fees for the industrial
waste to be discharged to a community sewer.
B.
Limits on the average and maximum industrial waste issuance and characteristics.
C.
Limits on the average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection and sampling
facilities.
E.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
F.
Compliance schedule.
G.
Requirements for submitting reports necessary to assess compliance
with this Part, including any reports listed within the categorical
standard and the following five reports listed in 40 CFR 403.12:
H.
Requirements for maintaining and retaining plant records relating
to industrial waste discharges specified by the HTMA, and affording
the HTMA and Borough access thereto.
I.
Requirements for notification of the HTMA and the Borough of any
new introduction of industrial waste constituents or any substantial
change in the volume or character of the industrial waste constituents
being introduced into the HTMA's treatment system.
J.
Other conditions as deemed appropriate by the HTMA and the Borough
to insure compliance with this Part.
11.
Monitoring Facilities.
A.
User shall supply, at user's own expense, monitoring facilities to
allow inspection, sampling and flow measuring of the building sewer
and/or internal drainage systems. The monitoring facility should normally
be situated on the user's premises, but the sewer authority may, when
such a location would be impractical or cause undue hardship to the
user, allow the facility to be constructed in the public street or
sidewalk area and located so that it will not be obstructed by the
landscaping or parked vehicles. There shall be ample room in or near
such sampling manhole or facility to allow accurate sampling and preparation
of samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of user.
B.
Whether constructed on public or private property, the sampling and
monitoring facility shall be constructed in accordance with the HTMA's
and the Borough's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification by the sewer authority.
12.
Inspections and Sampling.
A.
Persons or occupants of premises where industrial waste is created
or discharged shall allow the HTMA and Borough or their representatives
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or to
enable the HTMA and Borough to perform any of its duties. HTMA and
the Borough shall have the right to set up on the user's property
such devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations.
B.
Refusal to allow access as provided for in this subsection shall
constitute grounds for revocation of a discharge permit.
13.
Legal Action. If any person discharges industrial waste into the
HTMA's treatment system contrary to the provisions of this Part, any
federal or state pretreatment requirements or any ordinance of the
Borough, the HTMA or Borough may commence an action for appropriate
legal and/or equitable relief in the Court of Common Pleas of Montgomery
County.
14.
Confidential Information.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or governmental agencies without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the HTMA and Borough that the release of such
information would divulge information, processes or methods of production
entitled to the protection as trade secrets of the user.
B.
When requested by the person furnishing the information or data,
portions which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made
available upon written request to the governmental agencies for uses
related to this Part, the National Pollutant Discharge Elimination
System (NPDES) permit, state disposal system permits and/or the pretreatment
program; provided, however, that such portions of the information
or data shall be available for use by the state or any state agency
for judicial review or enforcement proceedings involving the person
furnishing the information or data. Industrial waste constituent and
characteristics will not be recognized as confidential information.
C.
Information accepted by the HTMA and Borough as confidential shall
not be transmitted to any governmental agency or to the general public
by the HTMA and Borough except upon 10 days notification to the user.
[Ord. No. 332, 4/19/1989, § 4]
The HTMA and Borough reserve the exclusive right, in their sole
judgment, to require any nonresidential establishment to install a
water meter(s) for the purpose of monitoring actual waste flow discharges
to the collection systems.
[Ord. No. 332, 4/19/1989, § 5]
1.
It is possible that, depending on the nonresidential process waste
discharge characteristics and the HTMA's discharge permit requirements,
a surcharge may be imposed by the Borough. Any such surcharge will
be determined by a quality analysis of the nonresidential process
to determine the strength(s) of the waste.
2.
A nonresidential process waste surcharge formula is hereby established
by the Borough as follows:
|
Surcharge = X = [1 + (R1S) + (R2B) + (R3N) + (R4P)
|
|
Where:
| |||
|
R1, R2, R3, R4
|
=
|
Rates of treatment cost for quality to total treatment cost
for each parameter
| |
|
S
|
=
|
Total suspended solids
| |
|
B
|
=
|
BOD5.
| |
|
N
|
=
|
TKN + NO2 and NO3.
| |
|
P
|
=
|
Total phosphorus
| |
3.
Specific values for R, S, P, B and N will be set at time of permit
application for the nonresidential process waste discharged.
4.
The surcharge, if applicable, may be increased or decreased at the
sole discretion of the Borough as necessary with notification of any
increase or decrease going to the HTMA.
5.
In the case of the applicability of a surcharge, the surcharge value,
as determined from the surcharge formula in this section, shall be
multiplied by the sewer rental in order to determine the total sewer
rental to be paid.
[Ord. No. 332, 4/19/1989, § 6]
Any user who violates any of the conditions of this Part is
subject to having his permit revoked upon 30 days written notice from
the Borough or HTMA.
[Ord. No. 332, 4/19/1989, § 7]
The Borough or HTMA shall annually publish in a local newspaper
a list of the users which were not in compliance with any pretreatment
requirements or standards at least once during the previous 12 months.
The list shall also summarize any enforcement actions taken against
the user during the same twelve-month period.
[Ord. No. 332, 3/19/1989, § 8]
1.
As a result of the Borough's available treatment capacity and/or
approached capacity limits imposed as a result of the aforesaid agreement
between the Borough and the HTMA requiring major capital expenditures,
each landowner shall be required to pay to the Borough, if he, she
or it expands usage in excess of the equivalent dwelling units (EDUs)
used prior to April 1, 1989, for sewage expansion, a capital contribution
for each additional EDU, or portion thereof, by which the use is expanded.
[Amended by Ord. No. 510, 6/18/2014]
2.
The extent of expansion shall be determined annually by each property
owner submitting to the Borough a statement of the number of equivalent
dwelling units (EDUs) upon which sewage rental charges shall be computed
in accordance with the following: average daily water use, in gallons,
for the highest quarter in the period studied, divided by 175 gallons
equals the number of EDUs. The increase, if any, in the number of
EDUs shall be multiplied by the dollar amount specified in a Borough
resolution, as amended from time to time, setting the capital contribution
fee.
[Amended by Ord. No. 510, 6/18/2014]
3.
Failure to provide the annual statement (equivalent use report) to the Borough shall be deemed a violation of this Part, and failure to provide consent to allow a representative of the Borough to enter the premises for computing the appropriate number of equivalent dwelling units shall be considered a violation of this Part. Failure to provide the equivalent use report and payment on or before April 15 of each calendar year or refusal to permit entry by the Borough shall be punishable by the imposition of a fine as specified in § 18-315 of this Part.
[Ord. No. 332, 4/19/1989, § 9; as amended by Ord.
No. 334, 9/6/1989, § 1]
1.
If any required payment is not paid within 30 days after the date
of the bill, a late penalty of 12% shall be added thereto; and if
the installment plus penalty is not paid within 60 days after the
date of the bill, the aggregate amount thereof shall bear interest
from the penalty date thereafter. Any unpaid sewer rent (together
with penalties, interest, attorney's fees and costs to the extent
permitted by law) shall be a lien on the property served which may
be filed and collected in the manner provided by law.
2.
In addition to the requirements of Subsection 1, if a sewer rental payment is delinquent by more than 30 days after prior notification by the Borough to the customer, by certified mail, giving the customer 10 days to pay the delinquency in full, without further notice from the Borough, the North Penn Water Authority is authorized to terminate water service to the customer's premises.
[Ord. No. 332, 4/19/1989, § 10]
It is recognized that certain customers of the Borough may not
specifically fall within the classifications of this Part. It is further
recognized that certain adjustments may have to be made to payments
in light of certain inequitable situations. The Borough may, upon
proper application and appearance at a public meeting by such applicants
for relief, grant such relief or fix such rates as are deemed just
and prudent at the sole discretion of the Borough.
[Ord. No. 332, 4/19/1989, § 11; as amended by Ord.
No. 357, 10/16/1991, § 18-311]
Applications for inequity relief or rate variance shall be maintained
at the office of the Borough and shall be available upon request from
the Borough Manager. In addition to the sewer permit application fees,
there is hereby established a residential filing fee, in an amount
as established from time to time by resolution, per application for
each residential use of four or less units and a filing fee, in an
amount as established from time to time by resolution, for every other
type of application for inequity application or rate variance. No
such application shall be processed without the appropriate filing
fee.
[Ord. No. 332, 4/19/1989, § 12]
The rules and regulations regarding the use of the Borough sewer
system shall be promulgated by the Borough and such rules and regulations
shall become effective as set forth herein.
[Ord. No. 332, 4/19/1989, § 14]
The Borough reserves the right to amend or modify this Part
or any part thereof at any time and from time to time.
[Ord. No. 332, 4/19/1989, § 15; as amended by Ord. No. 515, 11/19/2014]
The following concentrations represent end-of-process daily
average default allocations for the specified pollutants applicable
to all industrial and commercial users (IUs) discharging process wastewater
for disposal. No IU shall discharge process wastewater pollutants
in excess of the concentrations listed below without written permit
from the HTMA.
|
Pollutant
|
Concentration
(mg/l)
|
|---|---|
|
Arsenic
|
0.020
|
|
Bis(2-ethylhexyl)phthalate
|
0.250
|
|
Cadmium
|
0.010
|
|
Chromium-total
|
2.00
|
|
Copper
|
2.00
|
|
Cyanide-total
|
0.500
|
|
Lead
|
0.200
|
|
Mercury
|
0.002
|
|
Methylene chloride
|
0.200
|
|
Nickel
|
0.250
|
|
Phenols-total
|
0.500
|
|
Silver
|
0.300
|
|
Trichloroethylene
|
0.500
|
|
Zinc
|
1.00
|
[Ord. No. 332, 4/19/1989, § 16; as amended by Ord.
No. 357, 10/16/1991, § 18-315; and by Ord. No. 501, 8/15/2012]
Any person, firm or corporation who shall violate any provision
of 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 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.
