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