[Adopted 12-13-2005 by Ord. No. 05-19 (Ch. 18, Part 3, of the 1995 Code of Ordinances)]
A. 
Purpose and policy.
(1) 
This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems for the Warminster Township Municipal Authority and/or Warrington Township Water and Sewer Department and enables the Warminster Township Municipal Authority and/or Warrington Township Water and Sewer Department to comply with all applicable state and federal laws, as well as assist in assuring a well-operated sewerage system and treatment process. The objectives of this article are:
(a) 
To prevent the introduction of pollutants into the municipal wastewater system that will interfere with the operation of the system or contaminate the resulting sludge.
(b) 
To prevent the introduction of pollutants into the municipal wastewater system that will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.
(c) 
To prevent the introduction of pollutants into the municipal wastewater system that will harm the collection system, physical facilities, or the health and well being of the operating personnel.
(d) 
To provide for equitable distribution of the cost of the municipal wastewater system.
(2) 
This article provides for the regulation of direct and indirect contributors of the municipal 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 of general requirements for the other 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 article shall apply to the Township of Warrington and to all persons, municipal authorities, and municipalities outside the Township of Warrington and served by the Warminster Township Municipal Authority (WTMA). This article shall also apply to all persons, municipal authorities, and municipalities outside the Township of Warrington and served by the Warrington Township Water and Sewer Department (WTWSD). Agreements with extra jurisdictional agencies shall be written or amended requiring the agency to adopt a control ordinance no less stringent than the WTMA's or WTWSD's.
B. 
Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Administrator of the United States Environmental Protection Agency.
AUTHORITY
Warminster Township Municipal Authority.
AUTHORITY MANAGER
The general manager of the Warminster Township Municipal Authority, who is the person designated by the Authority to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, including the administration of this article with respect to the control of industrial waters.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USE
An authorized representative of an industrial user may be: (1) a principal executive officer of at least the level of vice president, if the industrial user is a corporation; (2) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the industrial waste discharge originates.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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)].
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL PRETREATMENT STANDARDS
Federal National Pretreatment Standards as promulgated by the Act.
CONTROL AUTHORITY
The Warminster Township Municipal Authority.
CONTROL DEPARTMENT
Warrington Township Water and Sewer Department (WTWSD).
COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DEPARTMENT MANAGER
The manager of the Warrington Township Water and Sewer Department, who is the person designated by the Township to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, including the administration of this article with respect to the control of industrial waters.
DOMESTIC WASTE
The normal water-borne waste from a residential household, as well as toilet wastes from residences, business buildings, and institutions, commercial and industrial establishments.
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 officials 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.
INDUSTRIAL ESTABLISHMENT
Any structure used for or intended to be used wholly or in part for the manufacturing, fabricating, warehousing, processing, cleaning, or assembling of any product, commodity or article.
INDUSTRIAL WASTE
Any solids, liquids or gaseous substances or form of energy rejected or escaping from an industrial establishment other than domestic sewage.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges from other sources, causes an inhabitation or disruption of the POTW, its treatment processes or operations, or its sludge process, or disposal, and which results in a reduction in the effectiveness of the treatment facilities, and which contributes to a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations; Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the "Resource Conservation and Recovery Act (RCRA)," and including state regulations contained in a state of the SWDA], the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection, Research and Sanctuaries Act.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MINOR INDUSTRIAL USE
Any industrial user of the Authority's wastewater system who: (1) has a wastewater discharge flow of less than 10,000 gallons per average workday; and (2) whose contribution of any pollutant in any single workday does not consume more than 0.2% of the POTW's capacity to handle that pollutant.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users and which includes the general and specific prohibitions in 40 CFR 403.5.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NEW SOURCE
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 Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with the section. Where EPA pretreatment standards do not apply, a new source shall mean a discharge that commenced after the promulgation of this article.
PASS-THROUGH
A discharge which exits the POTW into waters of the United States and/or the Commonwealth of Pennsylvania in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including any 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 other legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical wastes, biological materials, radioactive materials, heat, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
POLLUTION
The man-made or man-induced negative alteration of the chemical, physical, biological and radiological integrity of water, including, but not limited to, the addition of material that reduces its usefulness.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
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, process changes by the person producing the pollutant, or by other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment as mandated by the Department/Authority and contained in this article. These requirements are in addition to any National Categorical Pretreatment Standard and they shall take precedence over the National Categorical Pretreatment Standards when the ordinance pretreatment requirements are more restrictive.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Warminster Township Municipal Authority or the WTWSD. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste of a liquid nature. This definition also includes all Authority- or Department-owned sewers that convey wastewater to the POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
(1) 
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR, Chapter 1, Subchapter N.
(2) 
Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5% or more of the capacity of the POTW treatment plant; or is designated as such by the Control Authority as defined in 40 CFR 403.3(v) 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SIGNIFICANT NONCOMPLIANCE
One or more of the following:
(1) 
Chronic violation of wastewater discharge limits, which for this purpose are defined 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 limit or the average limit for the same pollutant parameter.
(2) 
Technical review criteria (TRC) violations 33% or more of measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the applicable maximum limit or the average 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).
(3) 
A violation of pass-through or interference.
(4) 
A discharge of imminent endangerment to human health, welfare, or the environment, or which required the POTW to use its emergency authorities under 40 CFR 403.8(f)(1)(vi)(B).
(5) 
Violations of a compliance schedule milestone by 90 days.
(6) 
Violations of report submittal deadlines by 30 days.
(7) 
Failure to report noncompliance.
(8) 
Any other violation deemed significant by the Control Authority.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification (categorization) of kinds of industrial activities 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
Warrington Township, Bucks County, Pennsylvania.
TOXIC POLLUTANT
Any pollutants or combination of pollutants: (1) listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts; or (2) which has been or can be shown by scientific experiment to inhibit or disrupt a POTW treatment process, Warminster's or otherwise, full scale or laboratory scale.
USER
Any person who contributes, causes or permits the contribution of wastewater into the Control Authority's POTW or Department's POTW.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER DISCHARGE PERMIT
As set forth in § 257-50 of this article.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
C. 
Abbreviations.
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
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly owned treatment works
SIC
Standard Industrial Classification
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TSS
Total suspended solids
TTO
Total toxic organics
U.S.C.
United States Code
WTMA
Warminster Township Municipal Authority
WTWSD
Warrington Township Water and Sewer Department
No users shall contribute, or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause pass through or interference with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW. 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 the POTW:
A. 
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 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 (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromides, carbides, hydrides, and sulfides. Waste streams with a closed-cup flash point of less than 140° F. or 60° C. (using the test methods specified in 40 CFR 261.21) are also prohibited.
B. 
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, garbage with particles greater than 1/2 inch in any dimension, animal guts, animal tissue or wastes, 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, wastepaper, wood, plastics, tar, asphalt residues, residues from glass grinding or polishing wastes.
C. 
Any wastewater having a pH less than 5.5 or more than 9.0 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.
D. 
Any wastewater: (1) 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, pass through the POTW and degrade the receiving stream; or (2) containing substances in amounts that exceed any limitation set forth in a National Categorical Pretreatment Standard or any limitation in §§ 257-39 through 257-47.
E. 
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.
F. 
Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges or scum, 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 Section 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 Substance Control Act or state criteria applicable to the sludge management method being used.
G. 
Any substance which will cause the POTW to violate its NPDES and/or Pennsylvania DEP stream discharge permit, or cause a violation of the water quality standards of the receiving stream.
H. 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
I. 
Any wastewater as it enters the Authority's or Department's sewer with a temperature greater than 50° C. (122° F.) or, when in combination with other wastewaters, will increase the temperature of the influent to the POTW treatment plant above 40° C. (104° F.); or which heat will inhibit biological activity in the POTW resulting in interference.
J. 
Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug load have a flow rate five times the average operating flow rate nor contain concentrations or quantities of pollutants that exceed any moment in time four times the average operating values.
K. 
Any wastewater containing any radioactive wastes or isotopes.
L. 
Any wastewater which causes a hazard to human life or creates a public nuisance.
M. 
Any wastewater containing any organic chemical from the list hereafter in any amount whatsoever.[1]
[1]
Editor's Note: The list of organic chemicals is included as an attachment to this chapter.
N. 
Any hauled or trucked pollutants discharged at points other than those designated by the POTW.
O. 
Medical wastes, except as specifically authorized by the POTW-TP in a wastewater discharge permit.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Clean water discharges into the POTW unnecessarily consume sewer and treatment plant capacities as well as reduce the effectiveness of the wastewater treatment processes and, therefore, the discharge of clean water is unacceptable to the Authority or Department.
B. 
Specifically, no person shall discharge or cause to be discharged any unpolluted waters such as water from sump pumps, floor drains, stormwater, groundwater, roof runoff, subsurface drainage, foundation drainage, or cooling water into the POTW. Stormwater and all other unpolluted drainage shall be discharged to such sewers that are specifically designed as storm sewers or to a natural outlet. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet upon the issuance of a permit to do so from the U.S. EPA or the Pennsylvania Department of Environmental Protection.
A. 
Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the National Standard (located in 40 CFR, Chapter I, Subchapter N, Parts 405-471), if more stringent than limitations imposed under this article for sources in the subcategory, shall immediately supersede the limitations imposed under this article and shall be incorporated herein by reference. The Authority or Department Manager shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
B. 
The Authority or Department may also require, if deemed necessary by the Authority or Department Manager, that the industrial wastewater discharged by the industrial user be segregated from sanitary sewage. This will require the installation of a separate drainage system sewer line exclusively for industrial wastewaters, and the system shall remain segregated until passage through a sampling and/or monitoring facility, at which time it may join the building's sanitary drain for continuation and connection to the Authority or Department's sewer lateral.
A. 
The following limits of concentration are given for guidance to all existing and proposed industrial waste dischargers to the POTW. The tabulation represents the maximum permissible concentration of each specific parameter acceptable in an industrial discharge when averaged over an eight-hour operating period. The acceptable peak concentration of any substance at any given moment shall not exceed the concentration limits listed herein. Lower concentrations may be required of an industrial waste if, in the judgment of the Authority or Department, it is necessary to do so in order to protect the POTW processes, its sludge quality, and its effluent quality.
B. 
The Authority or Department may take, at its sole discretion, materials that are generally considered compatible with the sewage treatment plant and its processes; that is, materials that are commonly associated with domestic wastewater, at concentrations greater than those listed under the eight-hour limit; however, a surcharge will be applied for the treatment and/or handling of the unusually strong wastes in accordance with the formula and rate schedule on file at the administration office of the Warminster Township Municipal Authority or the Warrington Township Water and Sewer Department. Wastes having all of its characteristics at or below the eight-hour limits will not be subject to a surcharge.
C. 
Wastewater having any characteristics beyond any limit value, as shown in the following tables, shall be rejected.
D. 
Extra strong waste, with surcharge, shall be applicable to BOD, COD, dissolved solids, suspended solids, phosphates, chlorides, sulfates, ammonia nitrogen, nitrates nitrogen, organic nitrogen, iron, aluminum, and oil and grease. Additional and more specific limitations may be contained within the user's wastewater discharge permit, which shall be binding control values.
E. 
The following list is subject to additions and modifications as required of the Authority or Department by regulatory agencies or as technical revelations may dictate to the Authority or Department that it is prudent to revise the values tabulated. As tens of thousands of various industrial materials exist, the list is not a tabulation of all industrial substances that are or may be restricted by the Authority or Department.
Item
Normal Eight-Hour Limit
mg/l
Aluminum
10
Arsenic
0.037
Barium
2
Beryllium
0.51
BOD (5-day)
2,000
BOD (20-day)
3,000
Bromides
25
Cadmium
0.08
COD
5,000
Chlorides
5,000
Chromium, hexavalent
0.1
Chromium, total
2.77
Cobalt
2
Copper
0.7
Cyanide
0.13
Fluorides
20
Hydrogen sulfide
0.1
Iron
10
Lead
0.21
Manganese
2
Mercury
0.0006
Nickel
0.5
Ammonia nitrogen
60
Nitrate nitrogen
20
TKN
100
Phosphates
64
Selenium
0.01
Silver
0.43
Sulfates
5,000
Sulfides
1
Suspended solids
2,000
Tin
2
Dissolved solids
10,000
Zinc
0.5
Oil and Grease
Animal/vegetable origin
200
Petroleum origin
100
Mixture of oils/grease
100
Boron
0.5
Potassium
2,500
Calcium
2,500
Magnesium
1,000
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 article.
The Township reserves the right to establish by ordinance more-stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 257-38A of this article.
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 waste treatment or waste control to achieve a compliance with the limitations contained in this article or in any National Categorical Pretreatment Standard or in any other pollutant-specific limitation developed by the Township or state.
A. 
The industrial user shall provide protection from accidental discharge to the sewer of prohibited or controlled materials or other substances regulated by this article. In the application for a wastewater discharge permit, the applicant shall provide a narrative detailing what facilities and/or operating procedures are, or shall be, employed to preclude an accidental discharge. The issuance of a wastewater discharge permit shall be contingent upon the submission of an acceptable spill control plan.
B. 
In case of an accidental discharge, the user shall immediately telephone and notify the Authority or Department of the incident. During normal working hours, the user shall notify the Authority Manager, or his assistant at (215) 343-1800 and during nonoffice hours notify the chief operator at the sewage treatment plant, telephone number (215) 768-6103. Likewise, during normal working hours the user shall notify the Department Manager, or his assistant at (215) 343-1800 and during nonoffice hours notify the chief operator at the sewage treatment plant, telephone number (215) 343-1800.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
When requested, all industrial users shall develop a slug control plan which outlines discharge practices (including nonroutine batch discharges), describes stored chemicals and which contains procedures both to notify the POTW immediately of slug discharges and to prevent adverse impacts from accidental spills. The plan must be posted within the building in such a manner that all employees can see the plan. Furthermore, the plan must list the following information:
(1) 
Names and telephone numbers of people to be contacted within the company.
(2) 
Names and addresses of people outside the company who may need to be contacted.
(3) 
All emergency equipment on hand, the location of such emergency equipment and the names and telephone numbers of people who can handle such emergency equipment.
(4) 
Procedures to follow in case of a chemical spill.
(5) 
The location of the material safety data sheets (MSDS) which must be on site for all chemical and products used in the company's business.
A. 
Written notice. Within five days following an accidental discharge, the user shall submit to the Authority Manager or the Department Manager 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 damage to person or property; nor shall such notification relieve the user of any fees, civil penalties or other liability which may be imposed by this article or other applicable law.
B. 
Notice to employees. A notice shall be permanently posted on the user's bulletin board or at the place of operations or other prominent place, advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures.
A. 
Purpose. It is the purpose of this article to provide for the recovery of costs from users of the Authority's or Department's wastewater disposal system for the implementation of the program established herein. The applicable changes or fees shall be set forth in the Authority's or Township's rate schedule as contained in its rules and regulations, on file at its business office or the Township and Department office.
B. 
Charges and fees.
(1) 
The Authority or Department may adopt charges and fees which may include:
(a) 
Fees for reimbursement of costs of setting up and operating the Authority's pretreatment program.
(b) 
Fees for monitoring, inspection and surveillance procedures.
(c) 
Fees for reviewing accidental discharge procedures and construction.
(d) 
Fees for permit application.
(e) 
Fees for filing appeals.
(f) 
Fees for consistent removal (by the Authority or Department) of pollutants otherwise subject to federal pretreatment standards.
(g) 
Fees for the handling of unusually strong wastes.
(h) 
Other fees as the Authority or Department may deem necessary to carry out the requirements contained herein.
(2) 
These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Authority or Department.
It shall be unlawful to discharge to the POTW any industrial wastewater except as authorized by the Authority or Department in accordance with the provisions of this article. The Authority or Department at a frequency of once per year, or more often if conditions indicate a need, require a user, regardless of whether or not the user possesses a valid wastewater discharge permit, to complete and submit a certification of wastewater status report. In it, the user shall state whether or not his discharge contains industrial waste; if it does, whether or not it complies with this article and, if not, how and when compliance will be achieved.
A. 
General. Any individual user proposing to connect to or contribute industrial waste to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall apply for a wastewater discharge permit within 90 days after the effective date of this article. Those industrial users not defined as significant shall apply for a wastewater discharge permit within 60 days of being notified to do so by the Authority or Department Manager. All users, whether permitted or not, must notify the Authority or Department prior to changing their discharges.
B. 
Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the Authority or Department an application[1] in the form prescribed by the Authority or Department, which form shall require all relevant information required by 40 CFR 403.12(b) (as outlined in the fee schedule). Application forms shall be obtained from the administration office of the Authority or the Department. The Authority or Department will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Authority or Department may issue a wastewater discharge permit subject to terms and conditions provided herein.
[1]
Editor's Note: The permit application form is available in the Township office.
C. 
Permit modifications as the result of federal regulations. As soon as possible (e.g., within 90 days) following the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of existing users subject to such standard shall be revised by the Authority or Department to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater discharge permit as required by Subsection B, the user shall apply for a wastewater discharge permit within a period stipulated by the Authority or Department, but in no case beyond 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the Authority or Department Manager within 90 days after the promulgation of the applicable Federal Categorical Pretreatment Standard a certification of wastewater status report on a form available at the administrative offices of the Authority or the Department.
D. 
Permit conditions. Wastewater discharge shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Authority or the Department. Permits may contain the following:
(1) 
The unit charge or schedule of user charges and fees for the Authority or Department handling of wastewater discharged into its facilities and to offset the cost of the wastewater control program.
(2) 
Limits on the maximum wastewater constituents and characteristics.
(3) 
Limits on maximum rate and time of discharge or requirements for flow regulations equalization.
(4) 
Requirements for installation and maintenance of inspection and sampling facilities.
(5) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for test and reporting schedule.
(6) 
Schedule to attain compliance with the subject ordinance and/or conditions contained in the permit.
(7) 
Requirements for submission of technical reports or discharge reports (see § 257-51); and requirements for signed data accuracy certifications for all baseline monitoring reports, ninety-day compliance reports and periodic reports.
(8) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Authority or Department and affording Authority access thereto.
(9) 
Requirements for notification of the Authority or Department of any new introduction of wastewater constituents being introduced into the wastewater treatment system.
(10) 
Requirements for notification of slug discharge as per § 257-61.
(11) 
With respect to categorical industrial users, limitations on all parameters regulated by the applicable categorical standard including TTO requirements (monitoring and/or certification and solvent management planning).
(12) 
Requirements for retaining records of monitoring activities and results for a minimum of three years, or longer in the case of unresolved litigation or when requested by the Authority or Department.
(13) 
Other conditions as deemed appropriate by the Authority or Department to ensure compliance with this article.
E. 
Permit duration. Permits shall be issued for a specific time period, not to exceed five years, or may be written to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 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 Authority or Department during the term of the permit as limitations or requirements as identified in §§ 257-39 through 257-47 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit by the Authority Manager or Department Manager and any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. 
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 Authority or Department. Any succeeding owner or user shall be obligated to secure his own permit as prescribed herein.
A. 
Compliance date report and baseline monitoring report. Within 90 days following the established date for a baseline monitoring report or for final compliance with an Authority or Department accepted schedule to attain compliance with the wastewater control ordinance or applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, the user shall submit to the Authority or Department Manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by the ordinance or the user's permit and the average and maximum daily flow. The report shall state whether applicable pretreatment standards or ordinance requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable standards or requirements. The statement shall be signed and authorized.
B. 
Periodic compliance reports.
(1) 
For a 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 the discharge into the POTW, the user shall submit to the Authority or Department Manger during the months of June and December, unless required more frequently in the pretreatment standard or by the Authority or Department, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standard. In addition, this report shall include a record of the measured or estimated average daily flow during the reporting period, together with every daily flow that exceeds the permitted flow and the one-day maximum daily flow.
(2) 
Again, for a user subject to a pretreatment standard, the Authority or Department 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 B(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of the sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Authority or Department Manager, or pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard.
(3) 
In the case where a user is not subject to a National Pretreatment Standard, the Authority or Department may require reports as or similar to those described in Subsections B(1) and (2) above; however, any such requirements shall be defined in the user's wastewater discharge permit.
(4) 
In the event the user fails to provide reports on his discharge as specified in Subsections B(1), (2) or (3) above, the failure will constitute a violation of the permit requirements and the Authority or Department will initiate enforcement proceedings in accordance with §§ 257-60 through 257-67 and, to protect the POTW, the Authority or Department may conduct or cause to have conducted measurements and analyses of the discharge and charge the costs against the user's account.
A. 
The Authority or Department 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 Authority or Department 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.
B. 
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 Authority's or Department's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Authority or Department.
A. 
The Authority or Department shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with.
B. 
Persons or occupants of premises where wastewater is created or discharged shall allow the Authority or Department or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The Authority or Department and the Approval Authority 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.
C. 
When the sampling, inspection, monitoring, testing, etc., is being conducted because the Authority or Department has reason to believe that the industrial user is in noncompliance, the Authority or Department shall charge its costs to the industrial user. Furthermore, after notification to the discharger of his noncompliance, the Authority or Department may resample, retest, reinvestigate and do whatever is necessary to evaluate each day's discharge, charging all costs to the industrial user until compliance is obtained.
D. 
Permanently installed automatic sampling devices shall be required at user's cost when, in the opinion of the Authority or Department, they are necessary to assure compliance with this article. Where a user has security measures in force which would require proper identification and clearance arrangements with their security guards so that, upon presentation of suitable identification, personnel from the Authority or Department will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
E. 
Industrial users must make the records of monitoring activities and results available for copying by the Authority or Department.
F. 
All wastewater sampling and analysis must be conducted using the methods and procedures set forth in 40 CFR Part 136.
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified in the permit conditions of the wastewater discharge permit. Any facilities required to pretreat wastewater to a level acceptable to the Authority or Department 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 or Department before construction of the facility, in a form and in an orderly sequence as prescribed by the Authority or Department. 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 Authority or Department under the provisions of this article. Any subsequent changes in the pretreatment facilities or methods of operation shall be reported to and be acceptable to the Authority or Department prior to the user's initiation of the changes.
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restrictions unless the user specifically requests and is able to demonstrate to the satisfaction of the Authority or Department that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. However, the EPA has immediate and unlimited access to all information collected by the Authority or Department as part of its pretreatment program.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public nor anyone within the Authority or Department organization without the technical need to know the information. If at some time it is deemed germane that the regulatory agencies know that such information exists, they may be advised that it exists but will be referred to the user to secure information. Wastewater constituents and characteristics will not be recognized as confidential information.
All compliance schedules must contain milestone dates for implementing necessary pretreatment required to meet the applicable pretreatment standards. Within 14 days of a milestone in the compliance schedule and within 14 days of the final date of compliance, the industrial user must submit a progress report to the POTW indicating whether or not the milestone or final compliance date was met and, if not, when compliance with the increment or progress is expected.
All wastewater sampling and analysis for the local pretreatment program must be conducted using the test procedures and methods provided for in 40 CFR Part 136.
A. 
The Township, The Department and the Authority recognize there are many industrial users that have many and varied industrial activities on the sewerage system and that, at times, violations of this article and of the user's wastewater discharge forms may occur. It is the intention of the Authority or Department to secure compliance with this article as expeditiously as reasonably possible and with minimal disruption to the industrial user's operation. The industrial user should recognize, too, that the requirements of this article and his permit are important to the proper operation of the sewerage facilities. The Authority or Department as an agent of the Township and as a policy shall secure and assure wastewater discharge compliance through positive enforcement of this article.
B. 
The Authority or Department has the power to develop and implement an enforcement response plan (ERP), indicating how a POTW will investigate and respond to instances of industrial user noncompliance, both significant and nonsignificant, as required by 40 CFR 403.8(f)(5). Enforcement responses include a variation of the following: notice of violation, administrative orders, civil litigation, criminal prosecution and termination of sewer service.
If sampling by a user indicates a violation, the user must notify the Authority or Department within 24 hours of becoming aware of the violation. The user must resample and submit results of this resampling to the Authority or Department within 30 days. Whenever the user becomes aware that the user has violated or is violating this article and/or his wastewater discharge permit, either through notice served by the Authority or Department, analytical reports, knowledge of normal plan activities or through any other means, the user shall within 14 days submit to the Authority or Department a full explanation as to the reason for the violation and, for the Authority's or Department's consideration, a plan for the satisfactory correction thereof. Included with this submission shall be a completed Authority's or Department's form "Proposed Schedule to Obtain Compliance with the Wastewater Control Ordinance."
A. 
The Authority or Department may, at its option, order any user who causes or allows an unauthorized discharge to enter the POTW or has violated a condition of this article or his wastewater discharge permit to show cause before the hearing board why enforcement action should not be taken to end the violation, recover damages and/or assess penalties. A notice shall have been serviced on the user, specifying the time and place of the hearing, describing the alleged violation, and it may contain a statement as to the enforcement action proposed. The notice of the administrative hearing shall be served personally or by registered or certified mail at least 10 days before the hearing. Service may be made on any agent of the user or officer of the corporation.
B. 
At any hearing held pursuant to this article, testimony taken shall be under oath and recorded stenographically. A transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
C. 
The Hearing Board, within 14 days, shall review the evidence and achieve the Authority or Department of its findings. If the Board has concluded that a violation did or does exist, it shall recommend a course of action consistent with this article to the Authority or Department for administration. The Hearing Board shall be comprised of the following:
(1) 
General Manager of the Authority or the Department.
(2) 
A professional engineer knowledgeable in the area of industrial waste.
(3) 
Three members of the Authority appointed by the Board for this purpose or three members of the Township Board of Supervisors appointed by the Board of Supervisors for this purpose.
As the result of the administrative hearing, or in the Authority or Department Manager's judgment, a user who violates the following conditions of this article or state or federal regulations pertaining to wastewater pretreatment is subject to suspension/revocation of his discharge permit.
A. 
Failure of a user to faithfully and factually report the wastewater constituents and characteristics of his discharge.
B. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
C. 
Refusal to allow an Authority's or Department's employee or agent reasonable access to the user's premises for the purpose of inspection or monitoring.
D. 
Violation of conditions of the wastewater discharge permit.
E. 
Violation of § 257-39 of this article, regulating materials that may be discharged to the POTW.
F. 
Failure to render payment to the Authority or Department for the charges and fees outlined in § 257-48B of this article.
A. 
As the result of an administrative hearing or in the judgment of the Authority's or Department's Manager when, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, to the environment, to the receiving stream, or any cause inference to the POTW or cause the Authority or Department to violate any conditions of its state and/or NPDES permit, the Authority or Department' Manager or his or her designated agent may order the user to immediately cease and desist a discharge and/or waste contribution and, to secure the termination of the discharge, the Authority or Department shall take such steps as deemed necessary including seeking injunctive relief and/or the immediate severance of water and/or sewer service.
B. 
The Authority or Department shall reinstate the wastewater discharge permit and/or wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the cause of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted before reinstatement of service.
A. 
If any person discharges sewage, industrial wastes or other wastes into the Authority's or Department's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the Authority or Department, the Authority or Department Solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Bucks County.
B. 
If any industrial user violates any pretreatment standards or other nondischarge requirements, the Authority or Department Solicitor may commence an action for injunctive relief in the Court of Bucks County.
A. 
This article shall apply to the Township of Warrington and to persons and/or authorities outside of the Township that are, by contract or agreement with the Authority, users of the publicly owned treatment works (POTW). Where the Warminster Authority provides service to a jurisdictional entity outside of Warminster, such as a neighboring municipal authority, the entity being serviced shall adopt, within six months, an ordinance to protect the Warminster POTW, which is no less restrictive than this document. The entity's ordinance shall incorporate enforcement procedures to attain compliance that are substantially identical to those contained herein. The entity shall agree to adopt local limits for industrial discharges to its collection system which cover at least the same parameters and are at least as stringent as the Authority's local limits.
B. 
The Authority or Department reserves the right to sample and to have the samples analyzed from industrial dischargers beyond its political boundary. Said industrial users will be responsible for all costs related thereto.
C. 
Intermunicipal agreements shall be written or amended to contain a provision to allow the Warminster Township Municipal Authority or the Warrington Township Water and Sewer Department the right to bring direct enforcement action against an industrial user as agent for the contributing jurisdiction. The Authority or Department will, if necessary, bring action against the customer authority for failure of the authority to enforce its own ordinance by appropriate legal and/or equitable relief.
D. 
Furthermore, intermunicipal agreements shall be written or amended to indicate that the Authority or Department is responsible for updating contributing jurisdictions' industrial waste surveys. All such intermunicipal agreements must indicate that the Authority or Department is responsible for permitting industrial users within the contributing jurisdiction. If joint permits are used, the agreement must indicate that the Authority or Department is responsible for preparing draft permits. Intermunicipal agreements also must indicate that the Warminster Authority and/or Warrington Township Water and Sewer Department will have the primary duty to inspect the facilities of the industrial user. The contributing jurisdiction must acknowledge the Authority's ability to enter the facilities of industrial users periodically to verify compliance with applicable pretreatment requirements. The contributing jurisdiction must agree to provide the Authority or Department with access to all records compiled as part of the contributing jurisdiction's pretreatment program activities.
E. 
Under emergency or apparent emergency conditions, the Authority or Department will attempt to advise the customer authority of the nature of the emergency and whether or not contact is made, the Authority or Department will take whatever steps are necessary to eliminate the cause of the condition.
A. 
Any user who is found to have violated an order of the Authority and/or Department or who fails to comply with a provision of this article, and the orders, rules, regulations and permits issued hereunder, shall be fined no less than $300 nor more than $1,000 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. All fines and penalties shall be paid directly to the Authority or Department and are civil in nature. In addition to the penalties provided herein, the Authority or Department may recover any expenses it may have incurred in determining that the user is a violator of this article, including, but not limited to, costs related to investigating the violation and extraordinary sampling and analyses. Furthermore, the Authority or Department intends to recover expenses of litigation, including reasonable attorneys' fees, court costs, court report's fees, fees of professionals and experts and other expenses of litigation.
B. 
In addition to the penalties of this article, the Authority and/or Department has been empowered by PA Act 9 of 1992 (35 P.S. § 752.4) to levy civil penalties of up to $25,000 per day for each occurrence.
C. 
Any user who is found to have willfully or negligently failed to comply with a provision of this article may be subject to criminal penalties of up to one year in prison, fines, or both.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or wastewater discharge permit, or who falsified, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both, and at the discretion of the Authority or Department, by permanent severance of industrial waste service.