Township of West Lebanon, PA Industrial Waste.

To prevent the introduction of pollutants into the Township wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

To prevent the introduction of pollutants into the Township wastewater system which will pass through the system inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

To provide for equitable distribution of the cost of the municipal wastewater system.

This Part 4C provides for the regulation of direct and indirect contributors to the Township wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This Part 4C shall apply to all users in West Lebanon Township.

Except as otherwise provided herein, the enforcement officer of West Lebanon Township shall administer, implement and enforce the provisions of this Part 4C.

Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part 4C, shall have the meanings hereinafter designated:

ACT OR THE ACT

The federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

AMMONIA NITROGEN

As used in this Part 4C, means all nitrogen that exists in aqueous solution as either ammonium ion or ammonia.

APPROVAL AUTHORITY

The director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

AUTHORITY

Refers to the City of Lebanon Authority.

An authorized representative of an industrial user may be:

A principal executive officer of at least the level of vice president, if the industrial user is a corporation.

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.

BIOCHEMICAL OXYGEN DEMAND (POD)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, five days at 20° C., expressed in terms of weight and concentration (milligrams per liter (mg/l)).

BOARD OF COMMISSIONERS

The elected officials of West Lebanon Township.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CATEGORICAL STANDARDS

National categorical pretreatment standards or pretreatment standard.

CITY

The City of Lebanon which manages the City of Lebanon Authority's wastewater treatment system.

CONTROL AUTHORITY

The "approval authority," defined hereinabove, or the Superintendent, if the Authority has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DIRECT DISCHARGE

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

ENFORCEMENT OFFICER

The Superintendent of the wastewater treatment facility operated by the City of Lebanon Authority is hereby designated as the enforcement officer to enforce the terms of this Part 4C in West Lebanon Township.

ENVIRONMENTAL PROTECTION AGENCY OR EPA

The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

HAZARDOUS WASTE

Any material qualifying as such under any federal or state regulations or any material responsible for inhibition, pass through or sludge contamination at the POTW.

HOLDING TANK WASTE

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

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act, 33 U.S.C. § 1317, into the POTW (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402 of the Act, 33 U.S.C. § 1342.

INTERFERENCE

The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the Authority's NPDES permit. The term include prevention of sewage sludge use or disposal by the POTW 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 or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

MAY

Is permissive.

NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act, 33 U.S.C. § 1317, which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to § 402 of the Act, 33 U.S.C. § 1342.

NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of § 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 308(c), 33 U.S.C. § 1317, categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

PASS THROUGH

The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirements of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solutions.

PHOSPHOROUS

The elemental phosphorous in its combined or uncombined forms as determined by using standard laboratory procedures.

POLLUTANT

Any dredged spoil, solid waste, incinerator reside, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

POLLUTION

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

POTW

Publicly owned treatment works. Specifically, the City of Lebanon Authority's wastewater treatment plant.

PRETREATMENT OR TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes other mean, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

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

PRETREATMENT STANDARDS OR STANDARD

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

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment of wastewater.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by § 212 of the Act, 33 U.S.C. § 1292, which is owned in this instance by the Authority. This definition includes any sewers that convey wastewater to the POTW, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Part 4C, "POTW" shall also include any sewers that convey wastewaters to the POTW from person outside the City who are, by contract or agreement with the Authority, users of the Authority's POTW.

SHALL

Is mandatory.

SIGNIFICANT INDUSTRIAL USER

Any industrial user of the Authority's wastewater disposal system who:

Has a discharge flow of 25,000 gallons or more per average work day.

Has a flow greater than 5% of the flow the Authority's wastewater treatment system.

Has in his wastes toxic pollutants as defined pursuant to § 307 of the Clean Water Act.

SIGNIFICANT NONCOMPLIANCE

Is found by the City, state control agency or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

Industrial user violations that meet one or more of the following criteria:

Violations of sewer discharge limits:

(a)

Chronic violations, 66% or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period.

(b)

Technical review criteria (TRC) violations, 33% or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period.

(c)

Any other violation(s) of an effluent limit (average or daily maximum) that the control authority believes has caused, along or in combination with other discharges, interference (e.g., slug loads) or pass through; or endangered the health of the sewage treatment personnel or the public.

(d)

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

Violation of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction and attaining final compliance by 90 days or more after the schedule date.

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

Failure to accurately report noncompliance.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Any other violations or groups of violations that the control authority considers to be significant.

SLUG LOAD

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 18-332, Subsection 1, of this Part 4C.

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

State of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS

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

TOWNSHIP

Refers to West Lebanon Township, Lebanon County.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulation promulgated by the Administrator of the Environmental Protection Agency under the provisions of § 307(a) of the Clean Water Act or other acts.

USER

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

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER CONTRIBUTION PERMIT

As set forth in § 18-333, Subsection 2, of this Part 4C.

WATERS OF THE STATE

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

Abbreviations. The following abbreviations shall have the designated meanings:

	BOD - biochemical oxygen demand.
	CFR - code of federal regulations.
	COD - chemical oxygen demand.
	EPA - environmental protection agency.
	l - liter.
	mg - milligrams.
	mg/l - milligrams per liter.
	N - ammonia nitrogen.
	NPDES - National Pollutant Discharge Elimination System.
	P - phosphorous.
	pH - the negative log of the hydrogen ion concentration as determined by standard methods.
	POTW - publicly owned treatment works.
	SIC - standard industrial classification.
	SWDA - Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
	U.S.C. - United States Code.
	T.S. - total suspended solids.

§ 18-332 Regulations.

[Ord. 371, 12/2/1996, § 2]

General Discharge Prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW or cause pass through. These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

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 to be injurious in any other way to the POTW or to the operation of the POTW. 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 (LED) of the meter. Nor shall the discharge of a waste stream with a closed cup flash point of less than 140° F. be allowed. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substance which the City, the state or the EPA has notified the user is are a fire hazard or a hazard to the system.

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt, residues, residues from refining or processing of fuel, mud or glass grinding or polishing wastes.

Any wastewater having a pH less than six or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to § 307(a) of the Act.

Any pollutants which result in the production of toxic gases, vapors or fumes within the POTW or collection system in a quantity that may cause acute worker health and safety problems.

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

Any substance which may cause the POTW'S effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

(8)

Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

(9)

Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.

(10)

Any wastewater having a temperature that will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. (140 F.) unless the POTW treatment plant is designed to accommodate such temperature.

(11)

Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities or pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities, or flow during normal operation.

(12)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the enforcement officer in compliance with applicable state or federal regulations.

(13)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(14)

The discharge of roof water, stormwater, surface drainage and building foundation drainage to the sewer system is expressly prohibited.

(15)

Any trucked or hauled wastes unless discharged at points designated by the POTW.

(16)

Wastewater causing alone or in conjunction with other sources, the POTW's effluent to fail a toxicity test or any requirements of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

When the enforcement officer determines that a user is contributing to the POTW, any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the enforcement officer shall:

Advise the user of the impact of the contribution on the POTW.

Develop effluent limitation(s) for such user to correct the interference with the POTW.

Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this Part 4C for sources in that subcategory, shall immediately supersede the limitations imposed under this Part 4C. The enforcement officer shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

Modification of Federal Categorical Pretreatment Standards. Where the Authority's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Authority may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system 95% of the samples taken when measured according to the procedures set forth in § 403.(7)(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, 407(7), are fulfilled and prior approval from the approval authority is obtained.

Specific Pollutant Limitations. Wastewater discharges containing in excess of:

215 mg/l BOD₅;

250 mg/l suspended solids;

11 mg/l phosphates;

20 mg/l ammonia nitrogen;

pH (std. units) - less than 6 nor greater than 9; shall be controlled as specified in Subsection 7C below. Additional discharge limits shall be contained in the industrial waste discharge permits of permitted industrial users.

State Requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this Part 4C.

Authority's Right of Revision. The enforcement officer or an authorized representative reserves the right to establish by ordinance and/or permit, more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 18-331, Subsection 1, of this Part 4C.

Excessive Discharge.

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standard, or in any other pollutant-specific limitation developed by the Township or state.

The Township reserves the right to require any industry having large variations in rates of waste discharge to install suitable regulating devices for equalizing waste flow.

Industrial establishments discharging sewerage and industrial wastes to the sewer system having an average five-day biochemical oxygen demand (BOD₅) greater than 215 parts per million (ppm), a suspended solids concentration greater than 250 ppm, a total phosphorous (as P) content greater than 11 ppm or a total ammonia nitrogen (as N) content greater than 20 ppm shall pay a strength of waste surcharge, in addition to applicable volume charges, equal to 1/10 of 1% for each ppm by which the suspended solids exceeds 250 ppm, plus 1 1/10 of 1% for each ppm by which the P concentration excess 11 ppm plus 7/10 of 1% for each ppm by which the ammonia-nitrogen exceeds 20 ppm. Surcharges shall be applicable to billing for sewer rentals under §§ 927.03 and 927.04 of Part 9, "Streets, Utilities and Public Service" of the City of Lebanon Code of Ordinances. The strength of sewerage and industrial waste to be used for establishing the amount of surcharge shall be determined at least once annually either:

By suitable sampling and analyses of the waste for a three-day period, during which time the strength of waste discharge or production is at a maximum.

By relating production of waste strength at the time of sampling to waste strength at a maximum production if sampling is not performed at the time of maximum production.

From estimates made by the POTW.

From known relationships of products produced to strengths of waste for those industries where such factors have been established.

In establishing waste strengths for surcharge purposes, analysis shall be made in accordance with procedures outlined in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. (City of Lebanon Ord. 82-1976, 77, § 5, Passed 6/30/1977)

Accidental Discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part 4C. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the enforcement officer for review and shall be approved by the Township before construction of the facility. All existing users shall complete such a plan by January 1, 1986. No user who commences contribution to the POTW after the effective date of this Part 4C shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Township. Review and approval of such plans and procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Part 4C. In the case of an accidental discharge it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Written Notice. Within five days following an accidental discharge, the user shall submit to the enforcement officer 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 of damage to the POTW, fish kills or any other liability which may be imposed by this Part 4C or other applicable law.

Notice to Employees. 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.

§ 18-333 Fees.

[Ord. 371, 12/2/1996, § 3]

Purpose. It is the purpose of this Part 4C to provide for the recovery of costs from the users of the Authority's wastewater disposal system for the implementation of the program established herein.

Charges and Fees. The Township may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the Township's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit application.

Fees for filing appeals.

Fees for consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards.

Other fees as the Township may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this Part 4C and are separate from all other fees chargeable by the Board of Commissioners. Should fees as described herein be adopted, the established charges or fees shall be set forth in Attachment "A" of this Part 4C.

§ 18-334 Administration.

[Ord. 371, 12/2/1996, § 4; as amended by Ord. 454, 9/2/2008]

Wastewater Discharges. It shall be unlawful to discharge without a Township permit to any natural outlet within West Lebanon Township, or in any area under the jurisdiction of said Township and/or to the POTW any wastewater except as authorized by the enforcement officer in accordance with the provisions of this Part 4C.

Wastewater Contribution Permits.

General Permits. All significant users proposing to connect to or to contribute the POTW shall obtain a wastewater discharge permit before connecting, to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 180 days after the effective date of this Part 4C.

Permit Application. Users required to obtain a wastewater contribution permit shall complete and file with the enforcement officer, an application in the form prescribed by the Township and accompanied by a fee in an amount as established from time to time by the Board of Commissioners. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this Part 4C and proposed users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address and location (if different from the address).

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

Wastewater constituents and characteristics including, but not limited to, those mentioned in § 18-332 of this Part 4C as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(9) of the Act and contained in 40 CFR, Part 136, as amended.

Time and duration of contribution.

Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations if any.

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

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

(8)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any authority, state or federal pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.

(9)

If additional pretreatment and/or O & M will be required to meet the 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 standards. The following conditions shall apply to this schedule:

(a)

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 user 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.).

(b)

No increment referred to in clause (a) shall exceed nine months.

(c)

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 enforcement officer 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 it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the enforcement officer.

(10)

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

(11)

Type and amount of raw materials processed or processes and rate of production.

(12)

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

(13)

Any other information as may be deemed by the enforcement officer to be necessary to evaluate the permit application. The enforcement officer will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the enforcement officer may issue a wastewater contribution permit subject to terms and conditions provided herein.

Permit Modifications. Within three months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame described by such standard. Where a user, subject to a National categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by Subsection 2B, above, the user shall apply for a wastewater contribution permit within 90 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the enforcement officer within 90 days after the promulgation of an applicable federal categorical pretreatment standard the information required by Subsection 2B(8) and (9), above.

Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Part 4C and all other applicable regulations, user charges and fees established by the Township. Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

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

Requirements for installation and maintenance of inspection and sampling facilities.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

Compliance schedules.

Requirements for submission of technical reports or discharge reports (see Subsection 3 below).

(8)

Requirements for maintaining and retaining plan records relating to wastewater discharge as specified by the enforcement officer, and affording the Township or their designated representative access thereto.

(9)

Requirements for approval by the enforcement officer for any new introduction of wastewater constituents or any change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system before discharge commences.

(10)

Requirements for notification of slug discharges as per § 18-335, Subsection 2.

(11)

Requirements for the development and submittal of a spill prevention control and countermeasure program.

(12)

Other conditions as deemed appropriate by the Township to ensure compliance with this Part 4C.

Permits Duration. Permits shall be issued for a specified time period, not to exceed two years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the enforcement officer during the term of the permit as limitations or requirements as identified in § 18-332 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any change or new condition in the permit shall include a reasonable time schedule for compliance.

Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the enforcement officer.

Reporting Requirements for Permittee.

Compliance Date Report.

Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements or any other industrial users who by the nature of the waste discharged is of concern to the enforcement officer shall submit to the enforcement officer a baseline monitoring report indicating the following:

(a)

Identifying information including the name and address of the facility including the name of the operator and owners.

(b)

The user shall submit a list of any environmental control permits held by or for the facility.

(c)

The user shall submit a brief description of the nature, average and current rate of production, and standard industrial classification of the operations conducted by the user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(d)

The user shall submit information showing the measured average daily and maximum daily flow in gallons per day as defined in 40 CFR 403.12(b)(4).

(e)

The user shall identify the pretreatment standards applicable to each regulated process as defined in 40 CFR 403.12(5).

(f)

This report, reviewed by an authorized representative of the industrial user and certified to by a qualified professional shall state whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or pretreatment is required for the IU to meet the pretreatment standards.

(g)

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

Further, once in compliance, any industrial user subject to categorical pretreatment standards, or in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority during the months of June and December, unless required more frequently by the pretreatment standard or by the control authority, or the approval authority, a report indicating the nature and concentration of the pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period. Where the control authority has imposed mass limitations on industrial users, this report shall include the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.

All analyses shall be performed in accordance with procedures established by the Administrator pursuant to § 304(9) of the Act and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.

Periodic Compliance Reports.

Any user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of discharge into the POTW, and all industrial users classified as significant, shall submit to the enforcement officer during the months of July and January unless required more frequently in the pretreatment standard or by the enforcement officer, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards. This report shall contain the following oath:

"I have personally examined and am familiar with the information submitted in the attached document and I hereby certify under penalty of law that this information was obtained in accordance with the requirements of § 403.6(a). Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment."

In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Subsection 3B(4) of this section. At the discretion of the enforcement officer and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the enforcement officer may agree to alter the months during which the above reports are to be submitted.

The enforcement officer may impose mass limitations on users which 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 2B(1), above, shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. The 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 requested by the enforcement officer, or pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 304(9) of the Act and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Comment: Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question-sampling and analysis shall be performed in accordance with the procedures set form in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user subject to the reporting requirements in this section monitors any pollutant more frequently than required by the enforcement officer, using the procedures described in Subsection 3D, below, the results of this monitoring shall be included in this report.

Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Superintendent as may be required for the successful operation of the POTW.

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

Reports of Changed Conditions. Each user must notify the Superintendent of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before implementing the change.

The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Subsection 3E(2) of this section.

The Superintendent may issue a wastewater discharge permit under Subsection 2B of this section in response to changed conditions.

For the purpose of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater, increased mass concentration discharges of 10% or greater and the discharge of previously unreported pollutants.

Notification of Hazardous Waste Discharges. All industrial users must submit to the POTW a one time report specifying all hazardous wastes discharged. The POTW will provide this report form upon request. Further, the POTW must be notified of all subsequent changes in nature and types of hazardous wastes being discharged.

Sample Collection.

Except as indicated in Subsection 3G(2), below, the user must collect wastewater samples representative of normal discharge conditions using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or a minimum of four grab samples where the used demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

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

Record Keeping. Users subject to the reporting requirements of this Part 4C shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this Part 4C and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Township, or where the user has been specifically notified of a longer retention period by the Superintendent.

Monitoring Facilities.

The Superintendent shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage system. The monitoring facility should normally be situated on the user's premises, but the Township may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Superintendent's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Township.

Inspection and Sampling. The Superintendent shall inspect the facilities of any user to ascertain whether the purpose of this Part 4C is being met and all requirements are being met. Persons or occupants of permits where wastewater is created or discharged shall allow the Superintendent or a representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination/copying or in the performance of any of their duties. The Superintendent, approval authority and (where the NPDES state is the approval authority) EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel representing the Township, approval authority and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.

Pretreatment.

Users shall provide necessary wastewater treatment as required to comply with this Part 4C and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Superintendent shall be provided, operated and maintained as the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the enforcement officer for review, and shall be acceptable to the enforcement officer before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the enforcement officer under the provisions of this Part 4C. Any subsequent change in the pretreatment facilities or method of operation shall be reported to and be acceptable to the enforcement officer prior to the user's initiation of the changes.

The enforcement officer shall annually publish in the daily newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

Confidential Information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Township that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, the portions of a report that might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Part 4C, the national pollution discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the Township or enforcement officer as confidential shall not be transmitted to any governmental agency or to the general public unless a ten-day notification is given to the User.

§ 18-335 Enforcement.

[Ord. 371, 12/2/1996, § 55]

Harmful Contributions.

The Township may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Township, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the Authority to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Township shall take such steps as deemed necessary, including immediate severance of the sewer connection to prevent or minimize damage to the POTW system or endangerment to any individuals. The enforcement officer shall reinstate the wastewater contribution permit and/or the wastewater 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 enforcement officer within 15 days of the date of occurrence.

Revocation of Permit. Any user who violates the following conditions of this Part 4C or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of this section:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge.

Failure of the user to report significant changes in operations or wastewater constituents and characteristics.

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

Violation of conditions of the permit.

Notification of Violation. Whenever the enforcement officer finds that any user has violated or is violating this Part 4C, wastewater contribution permit or any prohibition, limitation or requirement contained herein, the enforcement officer may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the enforcement officer by the user.

Consent Orders. The enforcement officer is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders are to have the same force and effect as administrative orders issued pursuant to Subsection 7 below. The issuance of consent orders shall be governed by the Authority's adopted enforcement response guide.

Cease and Desist Orders.

When it is learned that an industrial user has violated or continues to violate this Part 4C or any permit or order issued hereunder, the Board of Commissioners or their authorized representative may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

Comply forthwith.

Take such appropriate or remedial action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. Cease and desist orders are to have the same force and effect as administrative orders issued pursuant to Subsection 7 below. The issuance of cease and desist orders shall be governed by the Authority's adopted enforcement response guide.

Compliance Orders. When it is learned that an industrial user has violated or continues to violate this Part 4C or any permit or order issued hereunder, the Board of Commissioners or their authorized representative may issue an order to the industrial user responsible for the discharge directing that following a specified time period sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance including the installation of pretreatment technology, additional self monitoring and management practices. Compliance orders are to have the same force and effect as administrative orders issued pursuant to Subsection 7 below. The issuance of compliance orders shall be governed by the Authority's adopted enforcement response guide.

Show Cause Hearing.

The Board of Commissioners may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Board of Commissioners why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Board of Commissioners regarding the violation, the reasons why he action is to be taken, the proposed enforcement action and directing the user to show cause before the Board of Commissioners why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation. Violations which shall initiate the show cause process include, but are not limited to:

Isolated exceedance of local or federal standards resulting in harm to the environment or POTW.

Recurring exceedance of local or federal standards resulting in harm to the environment or POTW.

Submission of improperly signed or certified reports to POTW after notification of same.

Reports are always late or not submitted.

Repeated failure to report spills.

With no good reason for delay compliance schedule milestones are missed by more than 30 days or a delay of less than 30 days will affect the final milestone.

Repeated use of dilution in lieu of pretreatment.

The Board of Commissioners themselves may conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:

Issue in the name of the Board of Commissioners notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.