Chapter 18 Sewers and Sewage Disposal

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

The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

A general partner or proprietor if the industrial user submitting the reports required by paragraphs (b), (d) and (e) of 40 CFR 403.12 is a partnership or sole proprietorship respectively.

A duly authorized representative of the individual designated in paragraph (a) or (b) if:

(a)

The authorization is made in writing by the individual described in paragraph (a) or (b).

(b)

The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company.

(c)

The written authorization is submitted to the control authority.

SEPTAGE DISCHARGE STATION

If an authorization under paragraph (c) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subparagraph (3) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

SANITARY SEWAGE

Wastes originating from domestic users containing human and customary household wastes, or such wastes from commercial or industrial establishments, but excluding industrial wastes.

SANITARY SEWER

Any pipe or conduit constituting a part of the sewer system, or usable for sewage collection purposes, which carries wastewater and to which stormwater, surface and groundwater are not admitted and which discharges to the treatment plant owned by the Valley Forge Sewer Authority.

SEPTAGE

Refers to household waste from normal household functions, or such waste from commercial or industrial establishments, concentrated or treated in such a manner so as to concentrate the total suspended solids in such waste to a level at which it is treatable through the septage discharge station at the treatment plant.

Is one of the locations at the treatment plant designated by the Authority to receive septage, holding tank waste or trucked industrial waste that is not discharged directly into the process stream of the treatment plant.

SEWAGE, ALSO REFERRED TO AS "WASTEWATER"

Any sanitary sewage or industrial waste, carried either separately or in combination, that are discharged into the public sanitary sewage system by a connected user, or any trucked industrial waste or holding tank waste generated by a waste generator and transported to the treatment plant by a licensed waste hauler and discharged into the process stream of the treatment plant as a "Tier I Waste."

SHALL

Is mandatory; MAY — is permissive.

SIGNIFICANT INDUSTRIAL USER

Except as provided in Subsection (3) of this definition:

All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR, Chapter I, Subchapter N.

Any other industrial user that: discharges an average of 25,000 gallons per day or more of process waste to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

SIGNIFICANT NONCOMPLIANCE (SNC)

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

A violation by an industrial user meeting one or more of the following criteria (40 CFR 403.8(f)(2)vii):

Chronic violations of waste discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum, average or instantaneous limit for the same pollutant parameter.

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum average or instantaneous limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

Any other violation of a pretreatment effluent limit (daily maximum, instantaneous limit or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority (40 CFR 403.8(f)(1)(vi)(B)) to halt or prevent such a discharge.

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance.

Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

Failure to accurately report noncompliance.

SIGNIFICANT WASTE GENERATOR

Any other violation or group of violations, including a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.

Any categorical waste generator.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Any other waste generator which:

(a)

Discharges a flow of 10,000 gallons or more process waste per day to the treatment plant.

(b)

Contributes a process waste which makes up 5% or more of the average dry weather hydraulic flow or 5% or more of the organic (BOD) capacity of the treatment plant.

(c)

Is designated by the Authority, EPA or DEP to have a reasonable potential, either singly or in combination with other users, for adversely affecting the operation of the public sanitary sewer system and/or the treatment plant (either its operational efficiency, effluent quality or quality of the biosolids produced by said facility), or for violating any pretreatment standard or requirement.

SLUDGE

Any solid material containing large amounts of entrained water collected during water or wastewater treatment which may be recycled.

SLUG

Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which would cause a violation of the prohibited discharge standards in § 18-203.

A classification pursuant to the latest Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.

STORMWATER

Portion of the precipitation that runs off over the surface during a storm and for a short period following a storm and enters the sewer system, and causes the flow at the treatment plant to exceed the normal or ordinary flow.

TIER I WASTE

A waste generated by any user that is required, by the Authority, to be discharged directly into the process stream of the treatment plant. The Authority's determination is based on waste characteristics including, but not limited to, total suspended solids and BOD concentration. This category of waste may include, but is not limited to, most holding tank wastes, industrial wastes and sanitary landfill leachates.

TIER II WASTE

A waste generated by any user that is transported to the treatment plant by a licensed waste hauler and is required, by the Authority, to be discharged into the septage discharge station at the treatment plant. The Authority's determination is based on waste characteristics including, but not limited to, total suspended solids and BOD concentration. This category of waste may include, but is not limited to, most septages, biosolids and sludges.

TOTAL SOLIDS

The sum of the total suspended solids in milligrams per liter (mg/l) and dissolved solids in milligrams per liter (mg/L), as determined by one of the acceptable methods described in 40 CFR, Part 136, and amendments thereto, or by any other method approved by EPA.

TOTAL SUSPENDED SOLIDS

Solids that either float to the surface or are in suspension in water, sewage, industrial waste or other liquids, and which are removable by laboratory filtration. The quantity of total suspended solids shall be determined by one of the acceptable methods described in 40 CFR, Part 136, and amendments thereto, or by any other method approved by EPA.

TOWNSHIP

Charlestown Township.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provision of CWA, § 307(a), or other acts.

TREATMENT PLANT

The structures, equipment and processes owned by the Valley Forge Sewer Authority and required to collect, transport and treat domestic and industrial waste and to treat trucked industrial waste, holding tank waste and septage and to dispose of the effluent and accumulated residual solids.

TRUCKED INDUSTRIAL WASTE

Any liquid, solid or gaseous substance, whether or not solids are contained therein, produced by any user during the course of any industrial, manufacturing, trade, or business process or in the course of development, recovery or processing of natural resources, as distinct from sanitary sewage, that is permitted in accordance with § 18-205, Subsection 2, and that is transported by vehicle and discharged to the treatment plant by a waste hauler licensed in accordance with § 18-205, Subsection 2. Leachates from sanitary landfills shall be considered trucked industrial waste.

USER

Any person who contributes, causes or permits the contribution of wastewater, or waste into the Authority's treatment plant.

WASTE

Refers to any sewage (or wastewater), trucked industrial waste, holding tank waste or septage.

WASTE GENERATOR

Refers to any non-connected user of the treatment plant.

WASTE HAULER

Refers to a person licensed by the Authority under § 18-205, Subsection 2, to transport and discharge trucked industrial waste (generated by a permitted waste generator), or holding tank waste or septage at the treatment plant.

WASTE HAULER LICENSE

The license issued by the Authority pursuant to § 18-205, Subsection 2, which allows the discharge of domestic holding tank waste, septage or trucked industrial waste transported to the treatment plant in an over-the-road vehicle.

WASTE PERMIT

Refers to the permit issued by the Authority to a significant waste generator for a particular trucked industrial waste pursuant to § 18-205, Subsection 2.

§ 18-203 Regulations.

[Ord. 119-2004, 5/17/2004, § 3; as amended by Ord. 155-2009, 8/3/2009, § 3; and by Ord. 169-2011, 2/7/2011, §§ 1, 2]

General Discharge Prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant, or waste which will cause pass through or interference with the operation or performance of the treatment plant. These general prohibitions apply to all such users of the treatment plant whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. The following limitations and prohibitions shall apply to all users of the treatment plant:

Unpolluted Water or Waste Prohibition. No person shall discharge to the public sanitary sewage system unpolluted water or waste capable of being disposed of by any means other than discharge into the public sanitary sewage system, including, but not limited to, noncontact cooling water, except under such conditions as may be authorized in a permit issued by the Authority pursuant to this Part.

Stormwater Prohibition. No person shall discharge to the public sanitary sewage system any amount of unpolluted stormwater, including, but not limited to, surface water, foundation drainwater, groundwater, roof runoff or surface drainage. All connections which would result in the discharge of inflow are hereby specifically prohibited.

Dilution of Wastes Prohibited. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, or in any other pollutant-specific limitation developed by the Authority or DEP.

Grease and Oil Prohibitions. No person shall discharge to the public sanitary sewage system any grease, oils or grease interceptor wastes capable of being disposed of by any means other than discharge into the public sanitary sewage system, except under such conditions as may be authorized in a permit issued by the Authority pursuant to this Part. In addition, discharge of petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts causing interference or pass through at the treatment plant is prohibited.

Other General Prohibitions. Except as otherwise provided, no person shall discharge or cause to be discharged, any waste or other matter or substance:

(a)

Could cause pass through or interference, alone or in conjunction with a waste or wastes from other sources.

(b)

Containing any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the treatment plant or to the operation of the treatment plant.

(c)

Containing any noxious or malodorous or toxic gases/vapors/fumes or substance, which alone or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance and repair. The discharge of wastes that result in gases, vapors or fumes in quantities that could cause worker health or safety problems at the treatment plant is specifically prohibited.

(d)

Containing garbage that is not "ground garbage."

(e)

Containing any solid or viscous substances in quantities or of size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the treatment plant. Such substances include, but are not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, bones, rags, feathers, tar, plastic, wood, paunch manure, butchers offal, whole blood, bentonite, lye, building materials, rubber, hair, leather, porcelain, china, ceramic wastes, asphalt, paint and waxes.

(f)

Containing a toxic pollutant or poisonous substance in sufficient quantity, either singly or by interaction with any sewage treatment process, to constitute a hazard to humans or animals or to create any hazard in the receiving stream of the treatment plant, or that exceeds any applicable limitation set forth in a national categorical pretreatment standard.

(g)

Containing total solids, total suspended solids or BOD of such character or quantity that unusual attention or expense is required to handle such materials at the treatment plant, except as may be approved by the Authority, or as may be otherwise provided herein.

(h)

Containing any radioactive wastes or isotopes except in compliance with applicable state or state regulations.

(i)

Prohibited by any permit issued by the Commonwealth of Pennsylvania, or by the EPA or any other state agency.

(j)

Constitute a "slug" as defined in this Part.

Specific Discharge Prohibitions.

Specific Prohibitions. The discharge of the following wastes into the treatment plant is hereby specifically prohibited:

Wastes containing more than 100 milligrams per liter (mg/L) of grease and oil, if the grease and oil is of unknown or petroleum origin in a Tier I or Tier II waste; or containing more than 200 milligrams per liter (mg/L) of grease and oil in a Tier I waste, or more than 10,000 milligrams per liter (mg/L) of grease and oil in a Tier II waste, if the grease and oil is determined to be of an animal or vegetable origin. The differentiation between grease and oil of animal/vegetable origin and those of petroleum origin shall be made by the Authority.

Wastes having a temperature higher than 150° F. or less than 32° F., but in no case heat in such quantities that the temperature of the influent to the treatment plant exceeds 104° F. or inhibits the biological activity of the treatment plant.

Wastes having a closed cup flash point of less than 140° F. as determined by a method listed under 40 CFR 261.21 and amendments thereto are specifically prohibited. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter.

Wastes having a pH lower than 6.0 or greater than 9.5 in a Tier I waste, or a pH lower the 5.0 or greater the 9.5 in a Tier II waste, or having any corrosive or scale forming property capable of causing damage or hazards to structures, equipment, bacterial action, or health or safety hazards to operating personnel or the sewer system or the treatment plant.

Wastes that exceed any of the following concentrations in a discharge to the process stream of the treatment plant from a connected user as sewage or Tier I waste or from a nonconnected discharge (through a licensed waste hauler) as a Tier I waste, as a daily composite sample or grab sample:

Tier I Limits
Parameter	Limitation	Units
Arsenic (Total)	0.04	mg/L
Cadmium (Total)	0.09	mg/L
Chromium (Hexavalent)	0.12	mg/L
Chromium (Total)	6.00	mg/L
Copper (Total)	1.00	mg/L
Cyanide (Total)	0.26	mg/L
Lead (Total)	0.10	mg/L
Mercury (Total)	0.005	mg/L
Molybdenum	0.50	mg/L
Nickel (Total)	0.90	mg/L
Selenium	0.50	mg/L
Silver (Total)	0.08	mg/L
Zinc (Total)	1.00	mg/L

Wastes that exceed any of the following concentrations in a discharge to the septage discharge station of the treatment plant from a nonconnected discharge (through a licensed waste hauler) as a Tier II waste in a grab sample or daily composite sample:

Tier II Limits
Parameter	Limitation	Units
Arsenic (Total)	6.00	mg/L
Cadmium (Total)	0.50	mg/L
Chromium (Hexavalent)	0.50	mg/L
Chromium (Total)	21.00	mg/L
Copper (Total)	50.00	mg/L
Cyanide (Total)	0.26	mg/L
Lead (Total)	39.00	mg/L
Mercury (Total)	0.04	mg/L
Molybdenum	5.00	mg/L
Nickel (Total)	5.00	mg/L
Selenium	4.00	mg/L
Silver (Total)	5.00	mg/L
Zinc (Total)	95.00	mg/L

Individual Control Limits. If the Authority determines that a waste from any significant industrial user or significant waste generator poses a unique potential for pass through or interference due to the quality or quantity of the discharge, the Authority shall place special requirements or limits, in excess of those contained in this Part, in any industrial waste discharge permit or waste permit to prevent such pass through or interference. Such individual control limits may include, but are not limited to, solvent/toxic organic management plans (STOMPs), toxic reduction evaluation plans (TREs), hazardous waste disposal plans, slug discharge control plans or specific numerical limitations on substances.

Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with or pass through at the treatment plant.

(9)

Wastes containing color from any source that when diluted with distilled water one to 10 will have a luminescence of 10% or greater and a purity of 90% or less, at its dominant wave length by the tri-stimulus method, or containing any objectionable color not removed by the treatment process utilized by the Authority.

(10)

Wastes containing more than 10 milligrams per liter (mg/L) of hydrogen sulfide, sulfur dioxide or nitrous oxide as determined by a method referenced in 40 CFR, Part 136, and amendments thereto or any method approved by EPA.

(11)

Trucked industrial waste, holding tank waste or septage, except at discharge points designated by the Authority in accordance with § 18-205, Subsection 2.

Federal and State Requirements.

Primary of State and Federal Requirements. Nothing in this section shall be construed to provide lesser discharge standards than are presently or may hereafter be imposed and required by the EPA or DEP.

National Categorical Pretreatment Standards. The national categorical pretreatment standards, as defined in § 18-202, Subsection 2 (relating to definitions), and promulgated by the EPA as of May 9, 1994, and the national prohibitive discharge standards, as defined in § 18-202, Subsection 2, and promulgated by the EPA as of May 9, 1994, are specifically incorporated herein by reference. A national categorical pretreatment standard or a national prohibitive discharge standard and pretreatment standard, as defined in § 18-202, Subsection 2, and promulgated by the EPA subsequent to May 9, 1994, is specifically incorporated by reference upon publication in the Federal Register as final rulemaking. Any EPA standard as defined above which is more stringent than that imposed under this Part shall immediately supersede the less stringent requirement upon incorporation by reference as provided herein.

Pennsylvania State Standards. Upon the promulgation of any Pennsylvania State (DEP) standards or requirements, the DEP standards or requirements shall immediately supersede the limitations imposed under this Part if the DEP standards are more stringent than state limitations or requirements or the limitations and requirements imposed under this Part.

Accidental and Slug Discharges.

Accidental Discharge and Slug Discharge Prevention. All users shall provide and maintain at their own expense facilities adequate, in the judgment of the Authority, to prevent accidental discharge of prohibited and/or regulated substances and/or slug discharges and to protect the public sanitary sewage system from damages caused by such substances. No industrial user or significant waste generator which commences discharge to the treatment plant after the effective date of this Part shall be permitted to introduce pollutants into the treatment plant until the Authority has reviewed and approved that user's accidental discharge prevention or slug prevention procedures (if those procedures are required by the Authority). Users designated as SIUs after October 14, 2005, must be evaluated for the need for a slug control discharge plan within one year of designation. If the Authority decides a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

Description of discharge practices, including nonroutine batch discharges.

Description of stored chemicals.

Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.

§ 18-204 Surcharges and Fees for Certain Wastes.

If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment measures for containing toxic organic pollutants (including solvents), and/or measures and equipment necessary for emergency response.

Accidental and/or Slug Discharge Notification. In the case of an accidental and/or slug discharge to the treatment plant the user shall immediately telephone and notify the Authority of the accident. The notification shall include information regarding the location of the discharge, the type of pollutants involved, the concentration and volume of the discharge and corrective actions taken and/or contemplated.

Accidental And/or Slug Discharge Report. Within five working days following an accidental and/or slug discharge, the user shall submit to the Authority a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result damage to the treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Part or other applicable law.

Employee Notice Concerning Accidental and/or Slug Discharge. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

Grease and Sand Interceptors.

Interceptors Required. Grease, oil and sand interceptors or retainers shall be installed by the user at his own expense when, in the opinion of the Authority, such are necessary for the proper handling of liquid wastes containing grease, oil or sand in excessive amounts, and of such other harmful ingredients. Such interceptors shall be of a type and capacity approved by the Authority and shall be located as to be readily and easily accessible for cleaning by the user and for inspection by the Authority.

Interceptor Maintenance. Where installed, all grease, oil and sand interceptors shall be maintained by the user, at his own expense, and shall be kept in continuous and efficient operation at all times.

Hazardous Wastes General Notification Requirements. All users shall notify in writing EPA, DEP, the Authority, and the Township of any discharge of a substance whereby if otherwise disposed of would be hazardous waste (listed or characteristic under § 3001 of RCRA) into the public sanitary sewage system per the requirements of 40 CFR 403.12(p)(1) through (4).

[Ord. 119-2004, 5/17/2004, § 4]

Surcharges.

Surcharges Required. Although the sewage treatment works will be capable of treating certain industrial wastes, the actual treatment of such wastes may increase the cost of operating and maintaining the public sanitary sewage system. Therefore, there will be imposed upon each user discharging such waste into the public sanitary sewage system a surcharge or surcharges which are intended to cover such additional costs. Such surcharges shall be in addition to regular sewage service charges and shall be payable as herein provided.

Determination of Surcharges. The strength of any industrial or commercial waste discharge which is to be subject to a surcharge as determined by Subsection 1C of this section shall be determined quarterly, or more frequently, as the Authority shall determine. The surcharge shall be determined from samples taken either at the manhole or metering chamber referred to in this Part, or at any other sampling point mutually agreed upon by the Authority and the producer of such waste. The frequency and duration of the sampling period shall be such as, in the opinion of the Authority, will permit a reasonably reliable determination of the average composition of such waste, exclusive of stormwater runoff. Samples shall be collected or their collection supervised by a representative of the Authority and will be samples that reasonably reflect the characteristics of the waste. Except as hereinafter provided, the strength of waste so found by analysis shall be used for establishing the surcharge or surcharges. However, the Authority may, if it so elects, accept the results of routine sampling and analyses by the producer of such wastes in lieu of making its own sampling and analyses.

Calculation of Surcharges. In the event that, after sampling and analysis as prescribed in Subsection 1B hereof, any industrial or commercial waste is found by the Authority to have pollutants of BOD concentration in excess of 250 milligrams per liter (mg/L) and/or total suspended solids concentration in excess of 250 milligrams per liter (mg/L), the producer of said waste shall pay a strength of waste surcharge in addition to the regular sewage service charge, which surcharge shall be computed by using the following formula:

S = 0.00834 Q_I [(BOD_I - 250) T_A + (TSS_I - 250) T_B]

	Where:
		S is the surcharge to be added to the basic user charge.
		Q_I is the industrial or commercial waste flow expressed in million gallons.
		0.00834 is a constant to convert waste concentration.
		BOD_I and TSS_I are the respective concentrations of BOD and total suspended solids of the industrial or commercial waste expressed in milligrams per liter (mg/L).
		250 is a constant which expresses the waste load concentrations of BOD and total suspended solids for normal domestic strength sewage in milligrams per liter (mg/L).
		TA and TB are actual treatment costs incurred by the Authority per 1,000 pounds of BOD and total suspended solids, respectively. These costs are determined annually by the Authority based upon actual costs of operation and maintenance.
		When a value of BOD and/or total suspended solids is less than 250 milligrams per liter (mg/L), then 250 milligrams per liter (mg/L) shall be used in the calculation of the surcharge.

Sampling Fees and Schedules. All industrial or commercial users and all significant waste generators shall be assessed a fee or service charge for each sampling to be performed by the Authority. The fees to the user for each sampling shall include charges, as determined by the Authority, for sample collection, analysis and administrative services, and shall be in addition to any costs of sample collection and analysis which the user performs or has performed independently or privately.

§ 18-205 Administration.

[Ord. 119-2004, 5/17/2004, § 5; as amended by Ord. 155-2009, 8/3/2009, § 6]

General.

Permits Required for Certain Wastes. Only sanitary sewage may be discharged into the public sanitary sewage system except as may be authorized by the Authority in accordance with the provisions of this Part concerning industrial waste discharge permits, waste hauler licenses, waste generator permits and commercial discharge permits.

Permits and Licenses.

Permits and Licenses Required. No sanitary sewage, industrial waste, trucked industrial waste, holding tank waste or septage shall be discharged to the treatment plant from any significant industrial user, significant waste generator or waste hauler other than that for which the following permits or licenses have been issued:

Significant industrial users require industrial waste discharge permits.

Significant waste generators require waste permits.

Waste haulers require waste hauler licenses.

Commercial Discharge Permits. When determined by the Authority a commercial establishment may be required to obtain a commercial discharge permit.

Permit and License Applications. All industrial users, waste generators and waste haulers proposing to contribute to the public sanitary sewage system shall make application for a permit or license according to Subsection 2C(1) and (2) of this section. All existing significant industrial users, significant waste generators and waste haulers contributing to the treatment plant at the time of the adoption of this Part shall apply for a permit or license within 30 days after the adoption of this Part, and shall obtain a permit or license within 90 days after the effective date of this Part. Any user required to apply for a permit or license shall complete and file an application form approved by the Authority, accompanied by a nonreturnable processing fee to be set by the Authority. Proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the treatment plant. In support of the application for an industrial waste discharge permit, commercial discharge permit, waste permit or waste hauler license the user may be required to submit, in units and terms appropriate for evaluation, any of the following information, including, but not limited to:

Name, address, location, phone number.

Standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987.

Names of responsible individuals.

Waste constituents and characteristics, before and after pretreatment, as determined by a reliable analytical laboratory.

Time and duration of contribution.

Average daily waste flow rates and/or estimated or required daily discharge volumes and frequency, including daily, monthly and seasonal variations, if any.

Site plans, plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.

Description of activities, and plant processes on the premises including all materials which are or could be discharged.

(9)

Description of waste to be discharged.

(10)

Where known, the nature and concentration of any pollutants in the discharge which are limited by the Authority, state or state pretreatment standards, and a statement reviewed by an authorized representative of the user (as defined in § 18-202, Subsection 2) and certified to by a qualified professional, indicating whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional pretreatment is required for the user to meet applicable pretreatment standards.

(11)

If additional pretreatment and/or operation and maintenance (O&M) will be required to meet pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(12)

Make, model, year, capacity and vehicle registration number of all vehicles to be used for transportation and discharge at the treatment plant.

(13)

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

(14)

Any other information as may be deemed by the Authority to be necessary to evaluate the permit application. The Township or the Authority shall also have, at its discretion, the right to inspect the premises, equipment and material, and laboratory testing facilities of the applicant. The completed application shall be signed by the user's responsible individuals. The Authority will evaluate the data furnished by the user for completeness and may require additional information. After evaluation and acceptance of the data furnished as a complete application, the Authority may for cause shown either refuse to issue or may issue a permit or license subject to terms and conditions provided herein. If the application for a permit or license is denied by the Authority, or if the discharge indicated from the application is not in accordance with the requirements of this Part, the user may have the Authority review the denial, provided the user shall give written notice of his request within 30 days after receiving the denial. The Authority shall review the permit application, the written denial, and such other evidence and matters as the applicant shall present at a public hearing following receipt of request for its review, and the decision of the Authority rendered publicly shall be final.

Terms and Conditions of Permits and Licenses. Permits and licenses may include any of the following terms and conditions, including, but not limited to:

Maximum discharge flow rate.

Term of permit.

Definitions.

General limitations.

Specific limitations.

Special conditions.

Self-monitoring requirements (including sampling, reporting, notification and record keeping).

Reopener clause.

(9)

Compliance schedules (if required).

(10)

Statements of applicable civil and criminal penalties.

(11)

Statement of nontransferability.

(12)

Best management practices.

Industrial Waste Discharge Permit and Commercial Discharge Permit. Industrial waste discharge permits and commercial discharge permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit accompanied by a nonreturnable processing fee to be set from time to time by resolution of the Authority. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit to accommodate changing conditions and as local, state and state laws, rules and regulations are modified or amended, or other just cause exists. The user shall be informed of any proposed changes in his permit at least 60 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, including a comment period which shall be the first 30 days of the sixty-day period prior to the effective date of change.

Waste Permit and Waste Hauler License Duration. Waste permits and waste hauler licenses shall be issued for a specified time period, not to exceed one year. Each significant waste generator or waste hauler shall apply for a waste permit or waste hauler license reissuance a minimum of 30 days prior to the expiration of the existing permit or license accompanied by a nonreturnable processing fee to be set from time to time by resolution of the Authority. The terms and conditions of the waste permit or waste hauler license shall be subject to modification by the Authority during the term of the permit or license to accommodate changing conditions and as local, state and state laws, rules and regulations are modified or amended, or other just cause exists.

Permit and License Transfer. Permits and licenses are issued to a specific operation. No permit or license shall be assigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the prior approval of the Authority upon written application therefore accompanied by a nonreturnable processing fee to be set from time to time by resolution of the Authority. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit or license.

Revocation of Permits and Licenses. All permits and licenses are subject to revocation according to the provisions outlined in § 18-205, Subsection 3. In the event that any discharge of material to a sewer shall materially and substantially differ in type or volume from that shown in the application or permit, the person and user shall immediately cease and desist from such discharge. The Township or Authority may suspend any permit, license, and/or waste treatment service when such suspension is necessary, in the judgment of the Township or Authority, in order to stop a discharge which presents a hazard to the public health, safety, or welfare, to the environment or operations at the Authority's treatment plant or upon a finding that the discharger has violated any provisions of this Part. Any discharger notified of such a suspension shall immediately stop the discharge of all wastes into the system. The Township or Authority may reinstate the permit or license upon proof of satisfactory compliance with all discharge requirements of this Part and all other requirements of the Township or Authority. In the event of a failure of a person to comply voluntarily with the suspension order, the Township or Authority may take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the system or endangerment to any individuals. The Township or Authority may reinstate the permit, license and/or the waste treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Township or Authority within 15 days of the date of the occurrence.

Permit/License Revocation; Causes for Revocation.

Causes for Revocation. An industrial waste discharge permit or a hauler license or a waste permit or a commercial discharge permit may be revoked by the Township or Authority for, including, but not limited to, the following causes.

Failure of a permittee or licensee to accurately report his wastewater characteristics.

Failure of a permittee to report significant changes in operations which affect wastewater characteristics.

Refusal of access to the permittee's premises or licensee's vehicle for the purpose of inspection or monitoring.

Any violation of any condition of any permit or license or this Part.

Falsification of self-monitoring reports.

Application falsification.

Tampering with monitoring equipment.

Failure to meet compliance schedule.

Compliance Schedules.

Compliance Schedules Required. If additional pretreatment and/or operation and maintenance procedures are required for a permittee to meet all applicable regulations contained herein, the shortest schedule by which the permittee can provide such additional pretreatment and/or operation and maintenance procedures may be issued by the Authority or submitted by the permittee to the Authority for review and approval. The completion date for this schedule shall not be later than the compliance date established for applicable pretreatment standards. The Authority shall have the right to deny or to require the modification of proposed compliance schedules.

Compliance Schedule Increments of Progress. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the permittee to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

Time Limits for Increments of Progress. No increment of progress shall exceed nine months.

Compliance Schedule Compliance Reports. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Authority including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with this increment of progress, the reason for delay, and the steps being taken by the permittee to return to the schedule established. In no event shall more than nine months elapse between such progress reports to the Authority. Failure to meet required milestone dates shall constitute a violation of this Part.

Record Maintenance.

Record Retention Requirements. All users shall maintain and retain all records, including, but not limited to, documentation associated with best management practices, relating to wastewater discharged for a period of not less than three years and shall afford the Authority access thereto at all reasonable times. This period of retention shall be extended during the course of any unresolved litigation. Such records shall include for all samples:

The date, exact place, method, and time of sampling and the names of the person or persons taking the samples.

The date(s) and time(s) the analyses were performed.

Who performed the analyses.

The analytical techniques/methods used.

The results of such analyses.

Availability of Records. All records maintained by users relating to compliance with pretreatment standards shall be made available to officials of the EPA, DEP, Township, and Authority for inspection and copying upon request.

Industrial Agreements.

Industrial Agreements Required. As a condition precedent to the issuance of an industrial waste discharge permit, the Authority shall require industrial users to enter into agreements with the Authority containing such provisions as the Authority deems appropriate in furtherance of its effort to comply with regulations promulgated by the EPA in 40 CFR, Part 403. Industrial users shall comply with state, state and local statutes, ordinances, rules and regulations, and with the provisions of such agreements; and, in the event of conflict between provisions, shall comply with whichever provision on a particular matter is most stringent or more strict.

Pretreatment and Handling of Industrial Wastes.

General. Users shall provide necessary pretreatment as required to comply with this Part and shall achieve compliance with all national categorical pretreatment standards within time limitations as specified in 40 CFR, Part 403, and amendments thereto. Any facilities required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review, and shall be acceptable to the Authority before construction of the facility. The review of such plans and operating procedures and approval of such plans as required by § 18-205, Subsection 7C, shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of this Part. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Authority prior to the user's initiation of the changes.

Purposes and Pretreatment. The Authority may require the owner of an improved property to construct, operate and maintain at his expense a pretreatment facility when, in the opinion of the Authority, such facility is necessary to reduce quantities and/or concentrations of pollutants or flows to:

Decrease the concentration levels of pollutants in the wastewater discharge to comply with the maximum limits specified in § 18-203.

Prevent excessive quantities of flow.

Prevent discharges (flow or concentration) of pollutants from the user which may cause interference or pass through at the Authority's treatment plant.

Review and Approval of Pretreatment Facilities. If required by the Authority, no pretreatment plant and facilities shall be constructed or operated unless all plans, specifications, technical operating data, and other information pertinent to its proposed operation and maintenance are reviewed by the Authority and found by the Authority to conform to all Authority regulations; and unless written approval of the plans, specifications, technical operating data and biosolids disposal methods has been obtained by the Authority from the EPA, the Commonwealth of Pennsylvania, and any other local, state or state agency having regulatory authority with respect thereto, providing such approval is required by those agencies.

Pretreatment Facility Maintenance Requirement. All such pretreatment facilities as required by this Part shall be maintained continuously in satisfactory and effective operating conditions by the user or person operating and maintaining the facility served thereby, and at the user's expense. The Township and the Authority shall have access to such facilities at all reasonable times for purposes of inspection and testing.

Rejection of Waste If Not Adequately Pretreated. The Township and Authority reserve the right to reject admission to the system of any waste harmful to the public sanitary sewage system or to the receiving stream, to compel discontinuance of use of the public sanitary sewage system or to compel pretreatment of industrial wastes in order to prevent discharges deemed harmful to or having a deleterious effect upon any portion of the public sanitary sewage system or receiving stream.

Sampling Procedures and Reporting Criteria for Industrial Users, Waste Haulers and Waste Generators.

Self-Monitoring Reports.

All significant industrial users shall submit at least at least twice annually to the Authority a self-monitoring report on a form approved by the Authority indicating the nature and concentration of pollutants in the waste discharged to the Authority treatment plant which are of particular concern to the Authority and which are limited by this Part. The waste characteristics to be measured and reported shall be determined by the Authority and specified in the industrial waste discharge permit or waste permit. All wastewater samples must be representative of the user's discharge. In cases where the Part requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Authority to determine compliance of the user. If an industrial user monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the report. In addition, this report shall include flow information for the reporting period, and shall be signed by the user's responsible individuals. This report shall be received by the Authority no later than the thirtieth day of the month following the quarter for which the report is required.

All categorical industrial users and categorical waste generators shall submit at least twice annually to the Authority a self-monitoring report on a form approved by the Authority indicating the nature and concentration of pollutants in the waste discharged to the Authority treatment plant which are of particular concern to the Authority and which are limited by this Part. The waste characteristics to be measured and reported shall be determined by the Authority and specified in the industrial waste discharge permit or waste permit. All wastewater samples must be representative of the user's discharge and, for any parameters required to be analyzed utilizing a grab sample, a minimum of one grab sample must be collected and analyzed for each parameter. In cases where the Part requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Authority to determine compliance of the user. If a categorical industrial user or categorical waste generator monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the report. In addition, this report shall include flow information for the reporting period, and shall be signed by the user's responsible individuals. This report shall be received by the Authority no later than the thirtieth day of the month following the period for which the report is required.