[Amended 11-9-1998 by Ord. No. 438; 2-14-2011 by Ord. No. 572, § 1]
Unless the context specifically indicates otherwise, the following
words and terms used in this article shall have the following meanings:
APARTMENT-OFFICE USE
Refers to a building which is intended to be used for continuous
or periodic habitation by human beings and containing two or more
family dwelling units; or which contains business or professional
offices and one or more family dwelling units; or which contains business,
professional or any other similar type of office or offices.
BASELINE MONITORING REPORT
Refers to the report required in 40 CFR 403.12, to be submitted
by all industrial users and waste generators subject to categorical
pretreatment standards.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices not limited to but including
management plans, treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw material storage.
[Added 2-14-2011 by Ord.
No. 572]
BIOCHEMICAL OXYGEN DEMAND (BOD5)
The quantity of dissolved oxygen consumed in the biochemical
oxidation of the organic matter in sewage, holding tank waste, septage
or trucked industrial waste under standard laboratory procedures in
five days at 20° C., expressed in milligrams per liter (mg/l).
It shall be determined by an acceptable method described in 40 CFR
136 and amendments thereto or any method approved by EPA.
BOROUGH
The Borough of Dallastown located in York County, Pennsylvania.
CATEGORICAL PRETREATMENT STANDARDS
Pollutant discharge limits promulgated by EPA in accordance
with Section 307 of the Clean Water Act that apply to regulated process
waste. They are based on the capability of a specific wastewater treatment
technology or a series of technologies to reduce pollutant discharges
equivalent to best available technology (BAT).
CLEAN WATER ACT (CWA)
Refers to Public Law 92-500, October 18, 1972, 33 USC § 1251
et seq., as amended by P.L. 95-217, December 28, 1977; P.L. 97-117,
December 29, 1981; P.L. 97-440, January 8, 1983; and P.L. 100-04,
February 4, 1987.
COMBINED SEWER
A sewer designed to receive both sewage and stormwater runoff
which has been approved for such purpose.
COMMERCIAL USE or COMMERCIAL ESTABLISHMENT
Refers to a property which is intended to be used for the
purpose of carrying on a trade, business or profession, or for social,
religious, educational, charitable or public uses.
COMMERCIAL USER
Any contributor discharging wastewater generated at a commercial
establishment to the Springettsbury Township wastewater treatment
facility through direct connection (as opposed to discharging to the
wastewater treatment facility through a waste hauler).
COMMERCIAL/INDUSTRIAL DISCHARGE PERMIT
Refers to a permit issued to those industrial users that
Springettsbury Township does not classify as significant industrial
users, but are considered to have a minor impact, either potential
or realized, either singly or in combination with other contributing
commercial or industrial establishments, on the sanitary sewer system
and/or the wastewater treatment facility (either its operational efficiency,
effluent quality or quality of the sludge produced by such facility).
COMPOSITE SAMPLE
A sample consisting of a combination of individual samples
regardless of flow, obtained at regular intervals over a period of
time and shall reasonably reflect the actual discharge conditions
for that period of time.
DAILY COMPOSITE SAMPLE
A sample consisting of a combination of individual samples,
regardless of flow, collected at regular intervals over a period of
time; the sampling duration shall be not less than 20 hours, but shall
not exceed 28 hours.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of the Department of
Environmental Protection.
DOMESTIC USE
Refers to a property which is intended to be used for continuous
or periodic habitation by human beings in a single-family unit.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The Environmental Protection Agency of the United States,
or any agency or department of the United States succeeding to the
existing jurisdiction or responsibility of the Environmental Protection
Agency.
EQUIVALENT DWELLING UNIT (EDU)
A dwelling consisting of a room, group of rooms, house trailer
or other enclosure occupied or intended for occupancy as a separate
living quarters by a family or persons living together or by persons
living alone. The value of sewage generated by one EDU is, for purposes
of this article, 350 gallons per day.
FOOD SERVICE FACILITY or FACILITY
Any food service facility which prepares and/or packages
food or beverages for sale or consumption, on or off site, with the
exception of private residences. "Food service facilities" shall include,
but are not limited to: food courts, food manufacturers, food packagers,
restaurants, grocery stores, bakeries, lounges, hospitals, hotels,
nursing homes, churches, schools, snack bars, grills, catering services,
butchers and all other food service facilities not listed above.
[Added 2-14-2011 by Ord.
No. 572]
GARBAGE
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample taken from a waste stream on a one-time basis with
no regard to the flow in the waste stream and collected over a period
of time not exceeding 15 minutes but shall reasonably reflect actual
discharge conditions for that instant.
GREASE INTERCEPTOR
A device located inside or outside a food service facility
designed to collect, contain or remove food wastes and grease from
the waste stream while allowing the balance of the liquid waste to
discharge to the wastewater collection system by gravity.
[Added 2-14-2011 by Ord.
No. 572]
HOLDING TANK
A watertight receptacle designed to receive and retain sewage
and is constructed to facilitate the ultimate disposal of the sewage
at another site.
HOLDING TANK WASTE
Sanitary sewage that is certified by the generator and waste
hauler licensed by Springettsbury Township, to originate from normal
household functions, and that is stored in such a manner so as not
to concentrate said waste to level of nonfilterable residue exceeding
the measurement of such total suspended solids being performed by
township staff, and shall include sanitary sewage removed from holding
tanks such as, but not limited to chemical toilet wastes, retention
tank wastes and vault privy wastes.
[Added 7-14-2003 by Ord.
No. 497]
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into the Township wastewater
treatment facility from a non-domestic source.
[Added 2-14-2011 by Ord.
No. 572]
INDUSTRIAL USE or ESTABLISHMENT
Refers to a property which is intended to be used in whole
or in part for the manufacture, conversion or assembly of any product,
commodity or article.
INDUSTRIAL USER
Any contributor discharging to the township wastewater treatment
facility through direct connection (as opposed to discharging to the
wastewater treatment facility through a waste hauler) which is not
a domestic user or commercial user.
INDUSTRIAL USER PERMIT
The permit issued to a significant industrial user by Springettsbury Township pursuant to §
159-26 of this article.
[Amended 7-14-2003 by Ord. No. 497]
INDUSTRIAL WASTES
Any liquid, gaseous or waterborne wastes from industrial or commercial establishments, or wastes having those characteristics of unacceptable wastes enumerated in §
159-27 of this article, that are discharged into the public sanitary sewage system through direct connection (as opposed to discharge by a waste hauler), as distinct from and not including sanitary sewage.
[Amended 7-14-2003 by Ord. No. 497]
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
[Added 2-14-2011 by Ord.
No. 572]
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the wastewater
treatment facility, its treatment processes or operations, or its
sludge processes, end-use or disposal and results in a violation of
any requirement of the wastewater treatment facility's NPDES
permit or prevents sludge use or disposal in compliance with applicable
federal statutes, permits or regulations, or that results in a violation
of any requirement of the Air Pollution Control Act.
MUNICIPALITY
The township or Borough using the Springettsbury Township
wastewater treatment facility, not including Springettsbury Township,
and its elected, appointed or otherwise duly authorized agents or
representatives.
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 Clean Water Act which shall be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that: (a) the building, structure, facility
or installation is constructed at a site at which no other source
is located; or (b) the building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or (c) the production
or wastewater generating processes of the building, structure, facility
or installation are substantially independent of an existing source
at the same site. In determining whether these are substantially independent,
factors such as the extent to which the new facility is integrated
with the existing plant, and the extent to which the new facility
is engaged in the same general type of activity as the existing source,
should be considered. Determination of "new source" status shall be
consistent with the provisions of 40 CFR 403.3 (k)(1), (k)(2) and
(k)(3).
NINETY-DAY COMPLIANCE REPORT
Refers to the report required by 40 CFR 403.12 (d) and which
describes the user's compliance status with categorical pretreatment
standards, to be submitted by all industrial users subject to categorical
pretreatment standards.
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals, and from
which structure sanitary sewage and industrial wastes, or either thereof,
is or may be discharged.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his authorized representative.
PASS-THROUGH
A discharge, which exits the wastewater treatment facility
into the waters of the United States in quantities or concentrations,
which, alone or in conjunction with other discharges, is a violation
of the wastewater treatment facility's NPDES permit, including
an increase in the magnitude or duration of a violation.
[Amended 2-14-2011 by Ord. No. 572]
PERSON
Includes an individual, a partnership, an association, a
corporation, a joint-stock company, a trust, an unincorporated association,
a governmental body, a political subdivision, a municipality, a municipal
authority or any other group or legally recognized entity. The masculine
gender shall include the feminine and the singular shall include the
plural where indicated by the context.
pH
The measure of the intensity of the acidic or alkaline character
of a material, liquid or solid. pH is represented on a scale of 0
to 14 with 7 representing a neutral state, zero representing the most
acidic, and 14 the most alkaline. It shall be determined by one of
the acceptable methods described in 40 CFR 136 and amendments thereto,
or by any method approved by EPA.
POLLUTANTS
Dredged soil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment, rock, sand, cellar
dirt and industrial, municipal and agricultural waste discharged into
water, or any material that, when added to water, shall render that
water (either because of the nature or quantity of the material) unacceptable
for its original intended use.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
POTW
Publicly owned treatment works.
PREMISES ACCESSIBLE TO THE PUBLIC SANITARY SEWER SYSTEM
Any real estate abutting on or adjoining or having access
to any street, alley or right-of-way in which a sewer is located which
ultimately connects to the public sanitary sewer system upon which
the principal building is within 150 feet of such sewer and to which
sewer there is gravity flow from the first-floor level of such building.
PRETREATMENT ADMINISTRATOR
The person designated by Springettsbury Township to administer
the monitoring and enforcement of industrial waste pretreatment for
industrial and commercial contributors of the Springettsbury Township
wastewater treatment facility.
PRETREATMENT FACILITY OR PLANT
The processes or equipment used by a user to reduce the amount
of pollutants, eliminate pollutants or alter 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 the public
sanitary sewer system. Pretreatment facilities or plants shall include,
but are not limited to, systems designed to remove metals, grease/oil,
BOD5, total suspended solids and toxic organics.
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 the public sanitary
sewer system. The reduction or alteration can be obtained by physical,
chemical or biological processes, or process changes by other means.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
[Added 2-14-2011 by Ord.
No. 572]
PRIVATE SERVICE LATERAL
The pipe extending across private property originating at
one or more occupied buildings and terminating at the public service
lateral. The private service lateral shall normally extend to the
street curb or street easement line. In some cases, the private service
lateral may not extend to the street curb or street easement line.
[Added 7-14-2003 by Ord.
No. 497]
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production of or use
of any raw material, intermediate product, finished product, by-product
or waste product, excluding sanitary noncontact cooling water and
boiler blow down.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
food and from the handling, storage and sale of produce that have
been shredded to such degree that all particles shall be carried freely
under the flow conditions normally prevailing in public sewers, with
no particle greater than 1/2 inch in any dimension.
PUBLIC SANITARY SEWER SYSTEM (SOMETIMES CALLED THE "SEWER SYSTEM")
All sanitary or combined sewers, all pumping stations, all
force mains, all sewage treatment works and all other sewage facilities
owned or leased and operated by the Borough and Springettsbury Township
for the collection, transportation and treatment of sanitary sewage
and industrial wastes together with their appurtenances, and any additions,
extensions or improvements thereto. It shall also include sewers within
the Borough's service area which serve one or more persons and
discharges into the public sanitary sewer system even though those
sewers may not have been constructed by the Borough or are not located
within the Borough boundaries or are not owned or maintained by the
Borough. It does not include separate storm sewers or culverts which
have been constructed for the sole purpose of carrying storm and surface
runoff, the discharge from which is not and does not become tributary
to the wastewater treatment facility.
PUBLIC SERVICE LATERAL
The pipe extending from the public sanitary sewage system
and connecting to the private service lateral at the transition joint.
Usually the public service lateral is installed by the Borough, its
agent or by a developer, and is later dedicated to the Borough. The
public service lateral shall normally extend to the street curb or
street easement line.
[Added 7-14-2003 by Ord.
No. 497]
RESPONSIBLE INDIVIDUAL
[Amended 7-14-2003 by Ord. No. 497]
A.
The chief executive officer or the chief operating officer of
the user facility if the industrial user or waste generator is a corporation;
B.
A partner or the general manager of the user facility if the
industrial user or waste generator is a partnership;
C.
The owner or the general manager of the user facility if the
industrial user or waste hauler is a proprietorship; and
D.
The person duly designated as the responsible individual by
a corporation, partnership or proprietorship, provided, such person
shall be actually responsible for overall operation of the user facilities.
SANITARY SEWAGE
Wastewater originating from domestic users containing human
and customary household wastes, or such wastes from commercial or
industrial establishments, but excluding industrial wastes.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface
and ground water are not intentionally admitted.
SCHEDULED SAMPLING
A daily composite or grab sample collected from a significant industrial user based on a schedule formulated in accordance with §
159-30E of this article.
[Amended 7-14-2003 by Ord. No. 497]
SEPTAGE
Waste that is generated in a septic tank as defined by this
article, and is certified by the generator and waste hauler licensed
by Springettsbury Township to originate from normal household functions
and is concentrated or treated in such a manner so as to result in
a concentration of total suspended solids between 5,000 mg/L and 24,999
mg/L, the measurement of such total suspended solids being performed
by the staff of Springettsbury Township.
[Added 7-14-2003 by Ord.
No. 497]
SEPTIC TANK
An individual wastewater treatment system as described in
Division 3 of Article 11, Chapter 18 of the Springettsbury Code of
Ordinances, designed to treat sanitary sewage through sedimentation,
sludge digestion and liquid discharge.
[Added 7-14-2003 by Ord.
No. 497]
SEWAGE
Sanitary sewage and/or industrial wastes, carried either
separately or in combination.
SEWER
A pipe or conduit for carrying sewage.
SHALL
Is mandatory; MAY is permissive.
SIGNIFICANT INDUSTRIAL USER
All industrial users that are regulated by categorical pretreatment
standards, or any industrial user of the Springettsbury Township wastewater
treatment facility who has a discharge flow of 25,000 gallons or more
of process wastewater per average workday or contributes a process
waste stream which makes up 5% or more of the average dry weather
flow or organic (BOD5) capacity of the wastewater
treatment facility, or is found by Springettsbury Township, EPA or
DEP to have significant impact, either potential or realized, either
singly or in combination with other wastes, on the sanitary sewer
system and/or the wastewater treatment facility (either its operational
efficiency, effluent quality or quality of the sludge produced by
said facility).
SIGNIFICANT NONCOMPLIANCE (SNC)
Any instance of noncompliance with pretreatment requirements
(limits, sampling, analysis, reporting and meeting compliance schedules
and regulatory deadlines) for which the Industrial user is liable
for enforcement, including penalties. The following is the criteria
used to determine SNC:
A.
Violations of wastewater discharge limits:
(1)
Chronic violations: 66% or more of the measurements exceed by
any magnitude the same daily maximum limit, average limit, or instantaneous
limit in a six-month period of a pretreatment standard or requirement.
(2)
Technical Review Criteria (TRC) violations: 33% or more of the
measurements exceed the same daily maximum limit, average limit, or
instantaneous limit by more than the TRC by any magnitude in a six-month
period of a pretreatment standard or requirement.
(a)
The multiplier for BOD, TSS, fats, oils and grease is 1.4.
(b)
The multiplier for all other pollutants (except pH) is 1.2.
(3)
Any other violation(s) of an effluent limit average, daily maximum
or instantaneous limit that the control authority believes has caused,
alone or in combination with other discharges, interference or pass-through
or endanger the health of Township personnel or the public.
(4)
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 to halt or prevent
such a discharge.
B.
Violations of compliance schedule milestones for starting and
completing construction and attaining final compliance by 90 days
or more after the schedule date.
C.
Failure to provide reports for compliance schedules, self monitoring
reports or categorical standards within 45 days from the due date.
D.
Failure to accurately report noncompliance.
E.
Any other violation or group of violations that the Township
considers to be significant.
For an industrial user that is in SNC, the Township must report
the information to the approval authority as part of the pretreatment
performance summary of industrial user noncompliance, list the industrial
user in the largest daily newspaper as having significant violations
and address SNC through appropriate enforcement action that may include
administrative fines or document in a timely manner the reasons for
withholding enforcement. [Amended 2-14-2011 by Ord. No. 572]
|
SIGNIFICANT WASTE GENERATOR
All waste generators that are regulated by categorical pretreatment
standards, or any waste generator who has a discharge frequency, flow
or character that is found by Springettsbury Township, the EPA or
DEP to have significant impact on the wastewater treatment facility
(either its operational efficiency, effluent quality or quality of
the sludge produced by said facility), either potential or realized,
either singly or in combination with other wastes entering the wastewater
treatment facility.
[Added 7-14-2003 by Ord.
No. 497]
SLUG LOAD
Any pollutant (including but not limited to BOD5, total suspended solids, other conventional pollutants
and toxins) released in a discharge at a flow rate and/or pollutant
concentration which will cause interference or pass-through at the
Springettsbury Township wastewater treatment facility.
SPRINGETTSBURY TOWNSHIP
The Township of Springettsbury, York County, Pennsylvania,
and the elected and appointed members of the Board of Supervisors
of the Township of Springettsbury, as now or hereafter constituted,
and its duly authorized agents or representatives.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
STORM SEWER
A sewer which is intended to carry stormwater runoff, surface
water, groundwater drainage, etc., but which is not intended to carry
any sanitary sewage or industrial waste.
STORMWATER RUNOFF
That portion of precipitation which reaches a channel, trench,
sewer or sink.
TOTAL PHOSPHATE as P (PO, as P)
Refers to the concentration of total phosphate in sewage
as determined by an acceptable method referenced in 40 CFR 136 and
amendments thereto, or by any other method approved by EPA, expressed
in mg/l as P.
TOTAL SUSPENDED SOLIDS (TSS)
Solids that either float to the surface or are in suspension
in water, sewage, industrial waste or other liquids and which are
removable by laboratory filtration. The quantity of total suspended
solids shall be determined by one of the acceptable methods described
in 40 CFR Part 136 and amendments thereto, or by any method approved
by EPA.
TRANSITION JOINT
The point of connection of the public service lateral and
the private service lateral. The transition joint is usually apparent
by the junction of pipes of different materials or diameters. In the
absence of a clearly defined transition joint, a representative of
Springettsbury Township will determine the location of the transition
joint. The transition joint will normally be within nine feet of the
street curbline.
[Added 7-14-2003 by Ord.
No. 497]
TRUCKED INDUSTRIAL WASTE
Any liquid, gaseous or waterborne wastes from industrial or commercial establishments, or leachate from sanitary landfills, or wastes having those characteristics of unacceptable wastes enumerated in §
159-27 of this article, as distinct from sanitary sewage, holding tank wastes and septage, that are transported by vehicle and discharged to the public sanitary sewage system.
[Added 7-14-2003 by Ord.
No. 497]
UNPOLLUTED WATER OR WASTE
Water that has not had its pollutant level raised by the
User, or any water or waste containing none of the following: detectable
levels of free or emulsified grease or oil; pH less than 6.0 or greater
than 10.5; phenols or other substances imparting taste and odor to
receiving waters; toxic or poisonous substances in suspension, colloidal
state or solution in levels that exceed state or federal water quality
or potable water quality criteria; obnoxious or odorous gases. It
shall contain less than 1,000 mg/l of dissolved solids, 250 mg/l of
chloride and 10 mg/l each of total suspended solids and BOD. The color
shall not exceed 50 color units. Analysis of the parameter referenced
in this definition shall be made in accordance with the methods listed
in 40 CFR 136 and amendments thereto; if the parameter is not listed
in 40 CFR 136, the analysis shall be made in accordance with the latest
edition of Standard Methods for the Examination of Water and Wastewater,
published jointly by the American Waterwork Association, the American
Public Health Association and the Water Environment Federation, or
Methods of Chemical Analysis of Water and Wastes, published by the
EPA, or by any other method approved by EPA.
UNSCHEDULED COMPLIANCE SAMPLING
A daily composite sample or grab sample collected from a significant industrial user or based on the issuance of a notice of violation as referenced in §
159-28 of this article, in accordance with §
159-30 of this article.
[Amended 7-14-2003 by Ord. No. 497]
USER
Any person who contributes, causes or permits the contribution
of sewage into the township's public sanitary sewer system.
WASTE
Any sewage, trucked industrial waste, holding tank waste
or septage discharged to the public sanitary sewage system.
[Amended 7-14-2003 by Ord. No. 497]
WASTE GENERATOR
Any generator of trucked industrial waste.
[Added 7-14-2003 by Ord.
No. 497]
WASTE HAULER
A person licensed by Springettsbury Township to transport
to and discharge approved holding tank waste, septage, trucked industrial
waste, or waste generated at a commercial establishment at the township
wastewater treatment facility.
[Added 7-14-2003 by Ord.
No. 497]
WASTE HAULER LICENSE
A license issued to a waste hauler by Springettsbury Township in accordance with §
159-26G of this article.
[Added 7-14-2003 by Ord.
No. 497]
WASTE PERMIT
The permit issued by Springettsbury Township to a significant waste generator for a particular trucked industrial waste pursuant to §
159-26H of this article.
[Added 7-14-2003 by Ord.
No. 497]
WASTEWATER TREATMENT FACILITY
The wastewater treatment plant, including all machinery,
equipment, land, buildings and appurtenant facilities, operated by
Springettsbury Township's Department of Wastewater Treatment.
The Dallastown Borough Council hereby appoints by law for authority
a pretreatment administrator, who shall be the agent or employee of
Springettsbury Township so designated and appointed for that purpose
by Springettsbury Township. Such pretreatment administrator is hereby
delegated by the Dallastown Borough Council all lawful authority as
may be required to compel compliance with the provisions of this article.
[Amended 11-9-1998 by Ord. No. 438; 7-14-2003 by Ord. No. 497]
A. General. The economy and desirability of the combined treatment of
industrial wastes, holding tank wastes, trucked industrial wastes
and sanitary sewage is recognized. In general, any and all industrial
wastes, holding tank wastes, trucked industrial wastes and septage
may be discharged to the public sanitary sewage system except those
that are deemed harmful to the system or are specifically prohibited
by this chapter. However, it is recognized that the treatment of these
wastes add to the cost of operating and maintaining the public sanitary
sewage system. Such additional costs must, therefore, be borne by
the person or persons receiving the benefit of such treatment. In
addition, the acceptance of trucked wastes, including those described
as holding tank wastes, septages and trucked industrial wastes, is
based solely on the ability of the wastewater treatment facility to
assimilate those wastes without potential for interference or pass
through. If and when Springettsbury Township determines that the acceptance
of any trucked waste has a potential to cause interference or pass
through, Springettsbury Township may deny the discharge of said waste
without any prior notice to the licensed waste hauler or waste generator
regardless of permits or licenses held by the waste hauler or waste
generator.
B. Harmful wastes. The Borough and Springettsbury Township reserve the
right to refuse connection to the public sanitary sewage system for
the discharge of deleterious industrial wastes, to refuse the discharge
of any trucked industrial waste, holding tank waste or septage, or
to compel discontinuance of the use of the system for such wastes,
or to require pretreatment and/or equalization of flow thereof in
order to prevent harmful or adverse effects upon the system. The design,
construction and operation of such pretreatment facilities and/or
flow equalization facilities shall be made at the sole expense of
the person discharging said wastes and shall be subject to the approval
of the Borough or Springettsbury Township or their designated representative.
C. Harmful characteristics. In general, wastes shall be considered harmful
to the public sanitary sewage system if it may cause any of the following
damaging effects:
(1) Chemical reaction either directly or indirectly with the materials
of construction of the public sanitary sewage system in such a manner
as to impair the strength or durability of any sewer system structures.
(2) Mechanical action that will destroy any sewer system structures.
(3) Restriction of the hydraulic capacity of any sewer system structures.
(4) Restriction of the normal inspection or maintenance of any sewer
system structures.
(5) Danger to public health and safety.
(6) Obnoxious conditions inimical to the public interest.
[Amended 11-9-1998 by Ord. No. 438; 7-14-2003 by Ord. No. 497; 2-14-2011 by Ord. No. 572, § 2]
A. Industrial user permits. All industrial users proposing to contribute
to the public sanitary sewage system shall make application for an
industrial user permit. All existing significant industrial users
contributing to the public sanitary sewage system at the time of the
adoption of this article who do not currently have an industrial user
permit shall obtain an industrial user permit within 90 days after
the effective date of this article. The users required to apply for
an industrial user permit shall complete and file with Springettsbury
Township an industrial user permit application form approved by the
Township; accompanied by a nonrefundable processing fee to be set
by a resolution of the Board of Supervisors of the Township. Proposed
new industrial users shall apply at least 90 days prior to connecting
to or contributing to the public sanitary sewage system. In support
of the application, the user shall submit, in units and terms appropriate
for evaluation, the following information including, but not limited
to:
[Amended 2-14-2011 by Ord. No. 572]
(1) All industrial users proposing to contribute to the public sanitary
sewage system shall make application for an industrial user permit.
All existing significant industrial users contributing to the public
sanitary sewage system at the time of the adoption of this article
who do not currently have an industrial user permit shall obtain an
industrial user permit within 90 days after the effective date of
this article. The users required to apply for an industrial user permit
shall complete and file with Springettsbury Township an industrial
user permit application form approved by Springettsbury Township,
accompanied by a nonrefundable processing fee which may be set by
a resolution of Springettsbury Township. Proposed new industrial users
shall apply at least 90 days prior to connecting to or contributing
to the public sanitary sewage system. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
the following information, including, but not limited to:
(a)
Name, address, location, phone number;
(b)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1987;
(c)
Name of responsible individual;
(d)
Wastewater constituents and characteristics, before and after
pretreatment, as determined by a reliable analytical laboratory;
(e)
Time and duration of contribution;
(f)
Average daily wastewater flow rates, including daily, monthly
and seasonal variations, if any;
(g)
Site plans, plumbing plans and details to show all sewers, sewer
connections, and appurtenances by the size, location and elevation;
(h)
Description of activities, and plant processes on the premises
including all materials which are or could be discharged;
(i)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by the township, 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;
(j)
If additional pretreatment and/or O&M shall be required
to meet the pretreatment standards, the shortest schedule by which
the user shall provide such additional pretreatment must be implemented.
The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard;
(k)
Number and type of employees, and hours of operation of plant
and proposed or actual hours of operation of pretreatment system;
and
(l)
Any other information as may be deemed by the township to be
necessary to evaluate the permit application.
(2) The completed application shall be signed by the user's responsible individual whose signatures shall be acknowledged by a notary public. Springettsbury Township shall evaluate the data furnished by the industrial user for completeness and may require additional information. After evaluation and acceptance of the data furnished as a complete application, Springettsbury Township may for cause shown either refuse to issue or may issue a wastewater contribution permit subject to terms and conditions provided herein, or may issue a commercial/industrial discharge permit in accordance with §
159-26 of this article.
B. Commercial/industrial discharge permits. When required by the Borough or Springettsbury Township, industrial and commercial users shall obtain a commercial/industrial discharge permit. After reviewing the industrial user permit application form referenced in §
159-26 of this article, Springettsbury Township may decide to issue a commercial/industrial discharge permit in accordance with guidelines determined by its staff.
C. Waste hauler licenses.
(1) All persons desiring to transport and discharge holding tank waste,
septage or trucked industrial waste to the wastewater treatment facility
shall first make application with Springettsbury Township for a waste
hauler license application form approved by Springettsbury Township.
No trucked waste shall be discharged to any discharge point in the
public sanitary sewage system except to those specifically designated
by the Borough or Springettsbury Township.
(2) The persons required to apply for a waste hauler license shall complete
and file with Springettsbury Township a waste hauler license application
form approved by Springettsbury Township, accompanied by a nonrefundable
processing fee which may be set by a resolution of Springettsbury
Township. In support of the application, the person shall submit,
in units and terms appropriate for evaluation, the following information,
including, but not limited to:
(a)
Name, address, location, phone number;
(b)
Vehicle information including make, year, model, license tag
number, waste volume capacity and the total number of vehicles owned.
This information will be used for the issuance of vehicle stickers
according to Springettsbury Township guidelines;
(c)
A description of the wastes that will be transported and discharged
to the wastewater treatment facility;
(d)
A list of permits held by the applicant for the generation,
transportation or disposal of wastes; and
(e)
An estimate of the total maximum volume of waste to be transported
and discharged daily at the wastewater treatment facility.
(3) The completed application shall be signed by the applicant's
responsible individual. The township shall evaluate the data for completeness,
and may require additional information. After evaluation and acceptance
of the data furnished as a complete application, the township may
at its sole discretion either refuse to issue or may issue a waste
hauler license subject to terms and conditions provided herein.
D. Waste permits.
(1) All waste generators proposing to dispose of trucked industrial wastes
at the wastewater treatment facility shall make application with Springettsbury
Township for a waste permit for each proposed trucked industrial waste,
accompanied by a nonrefundable processing fee which may be set by
a resolution of Springettsbury Township. In support of the application,
the waste generator shall submit, in units and terms appropriate for
evaluation, the following information, including but not limited to
the following:
(a)
Name, address, location, phone number of the waste generator
and name of the waste generator's responsible individual;
(b)
Name, address, location, phone number and name of the responsible
individual of the licensed waste hauler designated to transport and
discharge the waste;
(c)
SIC number of the waste generator, according to the Standard
Industrial Classification Manual, Bureau of the Budget, 1987;
(d)
Wastewater constituents and characteristics, before and after
pretreatment, as determined by a reliable analytical laboratory;
(e)
Requested discharge rate;
(f)
Waste generator site plans, plumbing plans and details to show
all process waste production areas by size and location;
(g)
Description of activities and plant processes on the premises
including all materials which are or could be discharged;
(h)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by the township, state, or federal
pretreatment standards, and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis;
(i)
Any other information as may be deemed by the township to be
necessary to evaluate the permit application.
(2) The completed application shall be signed by the waste generator's
responsible individual and the waste hauler's responsible individual,
whose signatures shall be acknowledged by a notary public. Springettsbury
Township shall evaluate the data furnished for completeness and may
require additional information. After evaluation and acceptance of
the data furnished as a complete application, Springettsbury Township
may at its sole discretion either refuse to issue or may issue a waste
permit to the waste generator subject to terms and conditions provided
herein.
E. Terms and conditions of industrial user permits.
[Amended 2-14-2011 by Ord. No. 572]
(1) Industrial user permits shall contain at least the following terms
and conditions:
(a)
Maximum discharge flow rate.
(c)
Statement of non-transferability.
(e)
Effluent limits, including best management practices (if necessary),
based on applicable pretreatment standards.
(i)
Self monitoring and reporting requirements (including sampling,
reporting, notification and record keeping).
(j)
Notification requirements for slug discharges.
(k)
Statement of applicable civil and criminal penalties.
(m)
Compliance schedules (if required).
(2) Industrial user permits shall be issued for a specified time period,
not to exceed five years. The user shall apply for permit reissuance
a minimum of 90 days prior to the expiration of the user's existing
permit. The application must be accompanied by a nonrefundable processing
fee which may be set by a resolution of Springettsbury Township. The
terms and conditions of the permit may be subject to modification
by Springettsbury Township during the term of the permit to accommodate
changing conditions and as local, state and federal laws, rules and
regulations are modified or amended, or other just cause exists. The
user shall be informed of any proposed changes in the user's
permit at least 45 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable
time schedule for compliance, including a comment period which shall
be the first 30 days of the forty-five-day period prior to the effective
date of change.
F. Terms and conditions of commercial/industrial discharge permits.
(1) Commercial/industrial discharge permits shall contain at least the
following terms and conditions:
(a)
Maximum discharge flow rate.
(g)
Annual reporting requirements.
(2) Commercial/industrial discharge permits shall be issued for a specified
time period, not to exceed five years. The user shall apply for permit
reissuance a minimum of 90 days prior to the expiration of the user's
existing permit. The application must be accompanied by a nonrefundable
processing fee which may be set by a resolution of Springettsbury
Township. The terms and conditions of the permit may be subject to
modification by Springettsbury Township during the term of the permit
to accommodate changing conditions and as local, state and federal
laws, rules and regulations are modified or amended, or other just
cause exists. The user shall be informed of any proposed changes in
the user's permit at least 45 days prior to the effective date
of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance, including a comment period
which shall be the first 30 days of the forty-five-day period prior
to the effective date of change.
G. Terms and conditions of waste hauler licenses.
(1) Waste hauler licenses shall contain at least the following terms
and conditions:
(c)
General limitations and requirements.
(d)
Specific limitations and requirements.
(2) Waste hauler licenses shall be issued for a specific time period
not to exceed one year. The application for license reissuance must
be accompanied by a nonrefundable processing fee which may be set
by a resolution of Springettsbury Township.
H. Terms and conditions of waste permits.
(1) Waste permits shall contain at least the following terms and conditions:
(a)
Maximum discharge flow rate.
(c)
General limitations and requirements.
(d)
Specific limitation and requirements.
(e)
Self-monitoring requirements.
(2) Waste permits shall be issued for a specific time period not to exceed
one year. The application for permit reissuance must be accompanied
by a nonrefundable processing fee which may be set by a resolution
of Springettsbury Township.
I. Industrial user permit, waste hauler license and waste permit transfer.
Industrial user permits are issued to a specific user for a specific
operation. Waste hauler licenses are issued to a specific person for
one or several waste types and sources. Waste permits are issued to
a specific waste generator for a specific waste utilizing a specific
operation. An industrial user permit, waste hauler license or waste
permit shall not be assigned or transferred or sold to a new owner,
new user, different premises, or a new or changed operation without
the approval of the township. Any succeeding owner or user shall also
comply with the terms and conditions of the existing permit or license.
J. Permit and license revocation. Industrial user permits shall be subject to revocation according to the provisions outlined in §
159-28 of this article. Commercial/industrial discharge permits shall be subject to revocation according to the provisions outlined in §
159-28 of this article. Waste hauler licenses shall be subject to revocation according to the provisions outlined in §
159-28 of this article. Waste permits shall be subject to revocation according to the provisions outlined in §
159-28 of this article.
K. Discharge scheduling. Whenever the Borough or Springettsbury Township
deems it advantageous to the municipality to have an industrial user
discharge its industrial waste into the sanitary sewer system at a
rate of flow and at a time of day which shall have a favorable effect
upon the operation and maintenance of the sanitary sewer system, and
the industrial user shall agree to the same, the Borough or Springettsbury
Township, as the case may be, is hereby authorized to enter into an
agreement with such industrial user specifying the rate of flow and
time of day for the same under such terms and conditions as Springettsbury
Township shall establish. In consideration of such agreement, the
industrial user shall be entitled to a discount not exceeding 10%
of the treatment and/or transportation rate otherwise payable pursuant
to this chapter.
L. Confidential information. Information and data on or about a user
obtained from reports, surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring programs, and from inspection
and sampling activities, shall be available to the public without
restriction, unless the user specifically requests in writing, and
is able to demonstrate to the satisfaction of the Borough or Springettsbury
Township, that the release of such information would divulge information,
processes, or methods of production entitled to protection as trade
secrets under applicable federal or state law. Any such request must
be made in writing and asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to the Environmental Protection
Agency or the Pennsylvania Department of Environmental Protection
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data,
as defined by 40 CFR 2.302, shall not be recognized as confidential
information and shall be available to the public without restriction.
M. New or increased contributions. All industrial users, waste haulers
or waste generators shall promptly notify the Pretreatment Administrator
prior to any changes in the volume or character of their wastewater
discharge or in the operation of their pretreatment processes that
may result in interference or pass through at the wastewater treatment
facility. The Borough and Springettsbury Township reserve the right
to deny the admission of or to require the pretreatment of all discharges
to the Public Sanitary Sewer System.
N. Indemnification. While performing the necessary work on private properties,
the wastewater treatment plant operators or duly authorized employees
of Springettsbury Township shall observe all safety rules applicable
to the premises established by the user. The user shall be held harmless
for injury or death to Springettsbury Township employees where such
rules are not observed, and Springettsbury Township shall indemnify
the user against loss or damage to its property by township employees
and against liabilities, claims and demands for personal injury or
property damage asserted against the user and growing out of the gauging
and sampling operations, except such as may be caused by negligence
or failure of the user to maintain safe conditions.
[Amended 11-9-1998 by Ord. No. 438; 7-14-2003 by Ord. No. 497; 2-14-2011 by Ord. No. 572, § 3]
A. Unpermitted discharge. No waste from any significant industrial user other than that for which an industrial user permit has been issued shall be discharged to the public sanitary sewage system. No holding tank waste, septage or trucked industrial waste from any waste hauler who does not possess a valid waste hauler license issued by Springettsbury Township in accordance with §
159-26 of this article shall be discharged into the public sanitary sewage system. No trucked industrial waste other than that for which a waste permit has been issued by Springettsbury Township in accordance with §
159-26 of this article shall be discharged to the public sanitary sewage system.
B. General prohibitions. No person shall discharge to the public sanitary
sewage system any of the following:
(1) Any waste discharged at a flow rate that could cause interference
or pass through, alone or in conjunction with a waste or wastes from
other sources.
(2) Excessive amounts of unpolluted water or waste capable of being discharged
or disposed of by any reasonable means other than discharge into the
sanitary sewage system, including but not limited to noncontact cooling
water and stormwater. The township reserves the right to define the
amount it deems excessive in each particular instance.
(3) Unpolluted stormwater in any amount.
(4) The addition of cooling water or any other unpolluted water or waste
or an increase in the use of process water for the purpose of reducing
the concentration of substances that are prohibited or limited by
this chapter or as a partial or complete substitute for adequate pretreatment.
(5) Garbage, unless the same is first properly shredded by a device or
equipment designed for that purpose.
(6) Any liquids, solids or gases which by reason of their nature or quality
either alone, or by interaction with other substances, will or could
cause fire, explosions or be in any other way injurious to persons,
structures or the facilities of the public sanitary sewer system.
(7) Wastes containing any noxious or malodorous gas or substance which
either singly or by interaction with sewage or other wastes may create
a public nuisance or hazard to health or life, or prevent entry by
persons to sewer system structures for maintenance, repair or otherwise.
(8) Wastes containing ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, hair, chemical or paint
residues, greases, lime, slurry or viscose materials of such character
or such quantity that, considering the size of the receiving sewers,
may cause an obstruction to the flow or otherwise interfere with the
proper and efficient operation of the public sanitary sewer system.
(9) Wastes containing gases or vapors, either free or occluded, in concentrations
toxic or hazardous to humans or animals.
(10)
Wastes containing toxic radioactive isotopes.
(11)
Any waste containing toxic substances in quantities sufficient
to cause interference or pass through at the wastewater treatment
facility.
(12)
Any sewage with objectionable color not removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(13)
Any biological hazards including, but not limited to, unsterilized
pathological material from hospitals or private laboratories.
(14)
Any harmful waste as described under §
159-27 of this article.
(15)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts causing interference or pass through
at the wastewater treatment facility.
(16)
Trucked wastes, except at points designated by the township.
(17)
Pollutants which alone or in combination with other wastes may
result in the presence of toxic gasses, vapors or fumes within the
POTW in a quantity that may cause acute worker health and safety problems.
(18)
Any chemicals, enzymes, emulsifiers, live bacteria or other
grease cutters or additives.
[Added 2-14-2011 by Ord.
No. 572]
C. Specific prohibitions. No person shall discharge to the public sanitary
sewer system any sanitary sewage, industrial wastes or trucked industrial
waste containing the following measured pollutants:
[Amended 2-14-2011 by Ord. No. 572]
(1) Wastes containing insoluble, nonflocculent substance having a specific
gravity in excess of 2.65.
(2) Wastes containing soluble substances in such concentrations as to
cause the specific gravity of the waste to be greater than 1.1.
(3) Wastes containing more than 100 mg/L of oil and grease, if the oil
and grease is of unknown or petroleum origin; wastes containing more
than 200 mg/L of oil and grease, if the oil and grease is determined
to be of an animal or vegetable origin. The differentiation between
oil and grease of animal/vegetable origin and those of petroleum origin
shall be made by Springettsbury Township.
(4) Wastes containing more than 10 mg/L of free chlorine.
(5) Any waste which shall cause the wastewater treatment facility influent
to exceed 104° F. (40° C.) or will inhibit the biological
activity of the treatment system.
(6) Wastes, or wastes that shall react with water to form a solution
having a pH lower than 6.0 or higher than 10.5, or having any corrosive
properties capable of causing damage or hazards to structures, equipment
or personnel of the public sanitary sewage system.
(7) Wastes that have a BOD
5 or total suspended
solids or total phosphate as P or other pollutant concentration that
causes interference with the treatment processes.
[Amended 2-14-2011 by Ord. No. 572]
(8) Wastes having a closed-cup flash point of less than 140° F. as determined by a method listed under 40 CFR Part 261.21 and amendments thereto; or wastes that cause the atmosphere above the wastewater discharge at the collection point referenced in §
159-26 of this article to exceed 10% of the lower explosive limit (LEL) as determined by a catalytic, diffusion-type combustible gas meter that measures combustible gases in a range of 0-99% LEL.
(9) Any wastes which contain the following substances in solution or
suspension in concentration exceeding those presented in the following
table:
|
Substance
|
Daily Composite
|
Grab Sample
|
---|
|
Arsenic (As)
|
0.75 mg/L
|
|
|
Cadmium (Cd)
|
0.02 mg/L
|
|
|
Chromium (Cr)
|
0.8 mg/L
|
|
|
Copper (Cu)
|
1.4 mg/L
|
|
|
Cyanide (Total)
|
N/A
|
0.7 mg/L
|
|
Lead (Pb)
|
0.39 mg/L
|
|
|
Mercury (Hg)
|
0.001 mg/L
|
|
|
Molybdenum (Mo)
|
0.9 mg/L
|
|
|
Nickel (Ni)
|
3.0 mg/L
|
|
|
Selenium (Se)
|
1.2 mg/L
|
|
|
Silver (Ag)
|
0.31 mg/L
|
|
|
Zink (Zn)
|
2.60 mg/L
|
|
D. Individual control limits. If Springettsbury Township determines
that a waste from any significant industrial user or significant waste
generator poses a unique potential for pass through or interference
due to the quantity or quality of the discharge, Springettsbury Township
shall place special requirements or limits, in excess of those contained
in this article, in any industrial user permit or waste permit to
prevent such pass through or interference. Such individual control
limits may include, but are not limited to, solvent/toxic organic
management plans (STOMPs), toxic reduction evaluation requirements
(TREs), hazardous waste disposal plans, slug control discharge plans
or specific numerical limitations on substances.
E. Sampling. When required by the Pretreatment Administrator, any person
discharging to the public sanitary sewage system any industrial wastes,
or combined industrial wastes, food service facility waste or sanitary
sewage, shall install a suitable sampling manhole, a sanitary connection
fitting into the service lateral for sampling, or manholes, flow metering
chambers, flow monitoring equipment, pH monitoring equipment and other
appurtenances on such person's connecting sewer or sewers to
facilitate observation, sampling and measurement of the combined flow
of wastes from such person's premises. Such manhole or manholes
or metering chamber shall be accessible, safely located and secure
and shall be constructed in accordance with plans approved by the
pretreatment administrator.
[Amended 2-14-2011 by Ord. No. 572]
(1) The sampling manhole, sanitary connection fitting, manholes, or metering
chamber shall be installed by such person at such person's expense
and shall be maintained by such person so as to be safe and accessible
to the Pretreatment Administrator or the Pretreatment Administrator's
designated representative at all times. The construction and maintenance
of such manholes or metering chamber shall be mandatory for Significant
Industrial Users and, if deemed necessary by the Pretreatment Administrator,
flows from such manhole or metering chamber shall be continuously
monitored, transmitted and recorded by means of an approved recording
device.
(2) All licensed waste haulers transporting and discharging wastes to
the wastewater treatment facility shall collect a grab sample of waste
from each load of waste that is representative of the entire load.
This sample shall be submitted to Springettsbury Township in accordance
with procedures outlined in each waste license.
(3) The sampling procedure for the determination of unacceptable sanitary sewage, food service facility waste and industrial waste specified in §
159-27 of this article shall be as follows:
(p)
Carbon tetrachloride shall be by grab sample only.
|
The remaining substances referenced in Subsection C (Specific Prohibitions) shall be by a daily composite sample, except for those parameters listed under Subsection C that may be determined by either a daily composite sample or on a grab sample (subject to the concentrations stated for each type of sample).
|
(4) Monthly limitations shall be based on the arithmetic mean of at least two daily composite samples taken on separate days within one calendar month for those substances referenced in Subsection
C(9) of this section that have daily composite limitations. Monthly limitations shall be based on the arithmetic mean of at least two grab samples taken on separate days within one calendar month for those substances referenced in Subsection
C(9) of this section that do not have daily composite limitations. Waste samples collected to determine compliance with the provisions of this §
159-27 shall be taken at the manhole or metering chamber referred to in this §
159-27, or in the absence of such manhole or metering chamber, at such place as Springettsbury Township shall determine will provide a representative sample of the discharge, or at any other place mutually agreed upon by Springettsbury Township and the user.
(5) Trucked industrial waste samples shall be collected by the licensed
waste hauler or by Springettsbury Township as a representative grab
sample from each load discharged at the wastewater treatment facility.
Limits applicable to trucked industrial waste shall be the grab sample
limits referenced in this section.
F. Analytical methods. All analyses of samples shall be performed in
accordance with procedures contained in 40 CFR Part 136 and amendments
hereto or any method approved by the EPA.
[Amended 11-9-1998 by Ord. No. 438; 7-14-2003 by Ord. No. 497; 2-14-2011 by Ord. No. 572, § 4]
A. Enforcement response. Enforcement actions taken by Springettsbury
Township shall be consistent with an enforcement response plan maintained
at the wastewater treatment facility.
B. Notice of violation.
(1) Whenever the Pretreatment Administrator finds that any user or waste
hauler or waste generator has violated any provisions of this chapter
or an industrial user permit, a commercial/industrial discharge permit,
a waste hauler license, a waste permit, an order or a compliance schedule,
then Springettsbury Township, the Pretreatment Administrator and the
Pretreatment Administrator's duly authorized representative are
hereby authorized to serve upon said user a written notice of violation.
(2) If required by Springettsbury Township, a written response to this
notice, including an explanation of the cause of the violation and
a plan for the correction and prevention thereof, must be submitted
to the Pretreatment Administrator within 10 working days of receipt
of the notice. Submission of this plan in no way relieves the user
of liability for any violation occurring before or after receipt of
the notice of violation.
C. Compliance schedule. When required by the Pretreatment Administrator,
compliance schedules must be developed by existing or new users and
approved by the Pretreatment Administrator. These schedules 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 equipment required to meet present or proposed
applicable pretreatment standards. No increment of progress shall
exceed nine months. Springettsbury Township and the Pretreatment Administrator
shall have the right to deny or to require the modification of proposed
compliance schedules. Users under compliance schedules shall submit
progress reports to the Pretreatment Administrator no later than 14
days following each milestone date in the schedule and 14 days following
the final date of compliance. Failure to meet required milestone dates
shall constitute a violation of this article.
D. Administrative fine. Notwithstanding any other section of this article,
any user, or waste hauler or waste generator who is found to have
violated any provision of this article or an industrial user permit,
or a commercial/industrial discharge permit, or a waste hauler license
or a waste permit, or an order issued hereunder, or is found to be
in significant noncompliance (SNC) may be fined in an amount no less
than $1,000 per violation. Each day on which noncompliance shall occur
or continue shall be deemed a separate and distinct violation. Dallastown
Borough hereby authorizes Springettsbury Township to impose and collect
such administrative fines. All fine money shall be made payable to
the Springettsbury Township Wastewater Treatment Facility. Springettsbury
Township shall have such other collection remedies as it has to collect
other service charges. Unpaid charges, fines and penalties shall constitute
a lien against the individual user's property.
[Amended 2-14-2011 by Ord. No. 572]
(1) Any user, or waste hauler or waste generator that desires to dispute
such fines must file the request with Springettsbury Township to reconsider
the fine within 10 working days of being notified of the fine. The
Springettsbury Township Wastewater Treatment Facility shall include
as part of the notice of an administrative fine, a description of
the applicable appeals process to be followed, including the name,
address and telephone number of the person responsible for accepting
such appeal. Where Springettsbury Township believes the request has
merit, it shall convene a hearing on the matter within 15 working
days of receiving the request from the user.
(2) Anyone assessed an administrative fine shall have 30 days to pay
the proposed fine in full or, if the user wishes to contest either
the amount of the fine or the fact of the violation, the user must
file an appeal of the action. All appeals are to be made pursuant
to the instructions included in the notice of administrative fine
assessment. Failure to appeal within this period shall result in a
waiver of all legal rights to contest the violation or the amount
of the fine.
E. Administrative order (AO). When the Borough or Springettsbury Township
finds that a user has: violated or continues to violate any provisions
of this article, permit or order issued hereunder, or any other pretreatment
standard or requirement, Springettsbury Township is hereby authorized
to issue an order to the user responsible for the discharge directing
that the user come into compliance within a time period set by Springettsbury
Township. If the user does not come into compliance within the specified
time period, sewer service shall be discontinued unless adequate treatment
facilities, devices, or other related appurtenances are installed
and properly operating. Administrative orders may also contain other
requirements to address the noncompliance, including additional self-monitoring,
and management practices designed to minimize the amount of pollutants
discharged to the sewer. An administrative order may not extend the
deadline for compliance established for a federal pretreatment standard
or requirement, nor does an administrative order release the user
of liability for any violation, including any continuing violation.
Issuance of an administrative order shall not be a prerequisite to
taking any other action against the user.
F. Injunctive relief. Whenever a user has violated or continues to violate
the provisions of this article, an industrial user permit or a commercial/industrial
discharge permit or an order issued hereunder, the Pretreatment Administrator,
through counsel, may petition the court for the issuance of a preliminary
or permanent injunction (or both, as may be appropriate), which restrains
or compels the activities on the part of the user. The Pretreatment
Administrator shall have such remedies to collect all fees incurred
by Springettsbury Township as a result of this petition as it has
to collect other sewer service charges, including a request for payment
of costs and attorney's fees as may be authorized by law.
[Amended 2-14-2011 by Ord. No. 572]
G. Industrial user permit or commercial/industrial discharge permit
revocation.
(1) Any user who violates any of the following conditions of this article,
of an industrial user permit, or of a commercial/industrial discharge
permit or of any order may be subject to the revocation of its permit:
(a)
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge;
(b)
Failure of the user to report significant changes in wastewater
constituents or characteristics;
(c)
Refusal of reasonable access to the user's premises for
the purposes of inspection or monitoring; and
(d)
Violation of the conditions of the permit.
(2) The township shall not revoke an industrial user permit or commercial/industrial discharge permit without first allowing the noncompliant user the opportunity to show cause under this §
159-28 why the proposed action should not be taken. Before any further discharge of wastewater may be made by a user whose permit has been revoked, the user must apply for, and be granted, a reinstatement of the revoked permit, or a new permit, as Springettsbury Township may require, and pay all delinquent fees, charges and costs occasioned by the violation, in accordance with all conditions set forth in this chapter and the procedural guidelines recorded and available at the wastewater treatment facility.
(3) The township shall not renew an industrial user permit or commercial/industrial
discharge permit until all delinquent fees, charges and costs occasioned
are paid in full, or prior arrangements for payment of the same have
been made with Springettsbury Township on a payment plan approved
by Springettsbury Township.
H. Waste hauler license revocation. Any waste hauler who violates any
provision of this article or of their waste hauler license or of a
waste permit held by the waste hauler or of any additional requirements
set by Springettsbury Township, may be subject to immediate license
revocation. In addition, Springettsbury Township may and is hereby
authorized to immediately and without notice revoke any waste hauler
license if Springettsbury Township determines that the acceptance
of the waste is detrimental to the overall operation of the wastewater
treatment facility.
I. Waste permit revocation. Any waste generator who violates any provision
of this article or of their waste permit or of any additional requirements
set by the Borough or Springettsbury Township may be subject to immediate
permit revocation. In addition, Springettsbury Township may and is
hereby authorized to immediately and without notice revoke any waste
permit if Springettsbury Township determines that the acceptance of
the waste is detrimental to the overall operation of the wastewater
treatment facility.
J. Show-cause hearing. The Pretreatment Administrator may and is hereby
authorized to order any user which causes or contributes to a violation
of this article or industrial user permit or commercial/industrial
discharge permit or order issued hereunder, to show cause why a proposed
enforcement action should not be taken. Notice shall be served on
the user specifying the time and place for the meeting, the proposed
enforcement action and the reasons for such action, and a request
that the user show cause why this proposed enforcement action should
not be taken. The notice of the meeting shall be served personally
or by registered or certified mail to any principal executive, general
partner, corporate officer or owner of the industrial user at least
10 days prior to the hearing. Whether or not a duly notified user
appears as noticed, immediate enforcement action may be pursued.
K. Emergency response.
(1) The Pretreatment Administrator may and is hereby authorized to suspend
the wastewater treatment service and/or industrial use permit or commercial/industrial
discharge permit whenever such suspension is necessary in order to
stop an actual or threatened discharge presenting or causing an imminent
or substantial endangerment to the health or welfare of persons, wastewater
treatment facility or the environment.
(2) Any user notified of a suspension of the wastewater treatment service and/or industrial user permit or commercial/industrial discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Pretreatment Administrator shall take: such, steps as deemed necessary, including the immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment facility, its receiving stream, or endangerment to any individuals. The Pretreatment Administrator shall allow the user to recommence its discharge when the endangerment has passed, unless the permit revocation proceedings set forth in this §
159-28 are initiated against the user.
(3) Any user which is responsible, in whole or in part, for imminent danger shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Pretreatment Administrator prior to the date of the show-cause hearing described in this §
159-28.
L. Criminal penalties.
(1) With or without notice, any person who shall violate the provisions
of this article, an industrial user permit, a commercial/industrial
discharge permit, a waste hauler license, a waste permit or order
shall, upon conviction thereof by a District Justice, be sentenced
to pay a fine of up to $1,000 together with costs of prosecution,
and in default thereof, be sentenced to imprisonment in the York County
prison for a period of not more than 30 days. If such person violating
the provisions of this article shall be a partnership, then the members
thereof, or if such person be a corporation or association, then the
officers, members, agents, servants, or employees thereof shall, in
default of payment of any fine levied hereunder, be imprisoned in
the county prison as aforesaid. Each day of continued violation of
any provision of this article shall constitute a separate offense.
All fine money assessed through suit or summary proceedings before
any District Justice, pursuant to this section, shall be transferred
to the Springettsbury Township Sewer Fund after payment therefrom
first to the Borough of any costs, expenses and fees whatsoever incurred
by the Borough in connection with any such enforcement or the violation
underlying the same.
(2) The Pretreatment Department may recover reasonable legal fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the Borough or Springettsbury Township or both.
M. Public notification. Springettsbury Township shall, at least annually,
publish in the largest daily newspaper distributed in the Borough,
a list of industrial users which in the last 12 months were significantly
violating applicable pretreatment standards or other pretreatment
requirements or that were determined to be in significant noncompliance.
Significant noncompliance shall be determined according to guidelines
set in 40 CFR Part 403.8(f)(2)(vii) or amendments thereto.
N. Civil penalties and costs.
(1) Any person who shall violate the provisions of this article, any
permit issued pursuant to this article, or any regulation adopted
under this article, may, after notice and hearing as hereinafter provided,
be assessed a civil penalty for such violation, and in addition to
such penalty, be assessed the cost of any damages caused by the violation
or the cost of correcting such violation whether or not incurred by
the Borough or Springettsbury Township.
(2) Before assessing a civil penalty or costs, Springettsbury Township
shall provide the violator with a written notice of proposed assessment
citing the ordinance provision, permit or regulation violated with
an offer to conduct an assessment hearing to evaluate the violation
and the amount of the penalty or cost. Said notice shall contain an
explanation of the right to a hearing and the right to appeal from
the assessment made.
[Amended 2-14-2011 by Ord. No. 572]
(3) Springettsbury Township shall assign a representative to hold the
assessment hearing who will normally be Springettsbury Township's
Director of Wastewater Treatment. In no event shall the Pretreatment
Administrator act as the hearing officer.
(4) The assessment hearing shall be informal and shall not be governed
by requirements for formal adjudicatory hearings. The hearing shall
be held at the administrative offices of the wastewater treatment
facility at the convenience of the parties; provided, however, that
should the violator fail or refuse to agree as to a time for the hearing,
the hearing officer shall fix a time and direct the violator's
attendance. Should the violator fail or refuse to attend, the hearing
officer may proceed with the hearing and if appropriate, assess a
civil penalty and costs, if any.
(5) A civil penalty may be assessed whether or not the violation was
willful. The amount of the penalty shall not be less than $1,000 per
day per violation; provided, however, that any industrial user who
shall violate the pretreatment standards established herein or by
Springettsbury Township or who shall violate the requirements of pretreatment
program pursuant to the terms hereof or as approved by Springettsbury
Township or who shall violate both such standards and requirements
may be assessed a penalty not to exceed $25,000 per day per violation
as provided in the Publicly Owned Treatment Works Penalty Law. In determining the amount of the penalty, the hearing
officer shall consider the following:
[Amended 2-14-2011 by Ord. No. 572]
(a)
The willfulness of the violation;
(b)
Damages to air, water, land or other natural resources or their
user;
(c)
Cost of restoration and abatement;
(d)
Savings resulting to the person in consequence of the violation;
(e)
Deterrence of future violations;
(f)
History of past violations; and
(6) If a person against whom a civil penalty of costs has been assessed fails to pay the amount assessed in full or appeal the assessment de novo as provided in Subsection
N(7) hereof within 30 days following the date of assessment, such failure to pay or perfect an appeal shall constitute a separate violation for which an additional civil penalty may be assessed after notice and hearing. Additional violations shall be deemed to occur and additional civil penalties may be assessed each time a person fails to pay or perfect an appeal.
(7) A person assessed with a civil penalty or costs pursuant to this
section shall have 30 days to pay the penalty and costs in full. If
the person assessed wishes to contest the violation or the penalty
or costs assessed, such person shall have the right to appeal de novo
to the Springettsbury Township Board of Supervisors for a hearing
under the Local Agency Law. The notice of appeal and request for hearing shall be
filed within 30 days of the date of receipt of notice of the action
appealed. The notice of the appeal must be accompanied by the amount
of the civil penalty and/or costs to be held in an escrow account
by Springettsbury Township. In lieu of such payment, the appellant
may post an irrevocable letter of credit for the required amount issued
by a federal- or commonwealth-chartered lending institution or an
appeal bond in such amount executed by a surety licensed to do business
in this commonwealth and in a form satisfactory to Springettsbury
Township. If after the Local Agency Law review or final judicial review
the civil penalty and/or costs are removed or reduced, the amount
paid into escrow shall be adjusted accordingly and the balance remitted
to the appellant within 30 days, or in the case of a letter of credit
or surety bond having been posted, upon payment of the amount due,
such letter of credit or bond shall be released. Failure to make the
required deposit in escrow or submit an irrevocable letter of credit
or a surety as provided in this subsection shall result in a waiver
of all legal rights to appeal the violation or the amount of the penalty
and/or costs assessed.
(8) In any case where Springettsbury Township determines that the violation
is of a continuing nature, Springettsbury Township may impose a weekly
assessment of not more than $2,500 per week for each week the violation
continues unabated by the violator. Such weekly assessment shall accrue
indefinitely after the date of notice of the assessment to the violator.
(9) All civil penalties and costs assessed pursuant to this subsection
shall be payable to the Springettsbury Township Sewer Fund after payment
therefrom first to the Borough for any costs, expenses and fees whatsoever
incurred by the Borough in connection with the violation or the proceeding
in which such penalty or costs were assessed, and shall be collectible
in any manner provided by law for the collection of debts. Unpaid
civil penalties and/or costs, together with interest and any costs
that may accrue, shall constitute a judgment in favor of Springettsbury
Township and be a lien upon the real property of the violator from
the date such amount has been entered and docketed on the record by
the Prothonotary of York County.
O. Fines and civil penalties collected. All fines and civil penalties collected pursuant to Subsections
L or
N of this section shall be placed in a restricted account and shall only be used for the repair of damage or mitigation of threats to the public health, to pay any penalties imposed on the township by the federal or state governments for violation of pretreatment standards, for costs inured to investigate and take enforcement actions, and for the administration of this article and the Sewage Facilities Act.
[Amended 11-9-1998 by Ord. No. 438; 7-14-2003 by Ord. No. 497; 2-14-2011 by Ord. No. 572, § 5]
A. Self-monitoring report (SMR). Springettsbury Township shall require
all significant industrial users and all significant waste generators
to submit to the township's Pretreatment Administrator during
the months of June and December, unless required more frequently by
the Pretreatment Administrator, a report on a form supplied by the
township, indicating the concentration of pollutants in the effluent
or generated waste which are of particular concern to the township
and which are limited by this article. In addition, this report shall
include a record of all daily flows which occurred during the reporting
period. At the discretion of the Pretreatment Administrator and in
consideration of such factors as local high- or low-flow rates, holidays,
budget cycles, etc., the Pretreatment Administrator may agree to alter
the months during which the above report is to be submitted.
(1) Repeat sampling and reporting. All wastewater samples must be representative
of the user's discharge. If sampling performed by a user indicates
a violation, the user must notify the Pretreatment Department 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 Pretreatment Department within 30 days after becoming aware
of the violation.
(2) If the user is monitoring any pollutant more frequently than required
by the Pretreatment Department, the results of this monitoring shall
be included in the self-monitoring report (SMR).
B. Baseline-monitoring report.
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users and significant waste generators subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to Springettsbury Township a report which contains the information listed under this §
159-29.
(2) At least 90 days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall be required to submit to Springettsbury Township a report which contains the information listed under this §
159-29. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(3) The industrial user shall submit the information required by this §
159-29, including the following:
(a)
Identifying information. The name and address of the facility
including the name of the operator and owners.
(b)
Wastewater discharge permits. A list of any environmental control
wastewater discharge permits held by or for the facility.
(c)
Description of operations. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such industrial user. This description
should include a schematic process diagram which indicates points
of on discharge to the POTW from the regulated processes.
(d)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process wastewater and other streams, as necessary, to allow use of
the combined wastestream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants. Identify the categorical pretreatment standards applicable to each regulated process. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by Springettsbury Township) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in §
159-27 of this article.
(f)
Certification. A statement reviewed by the industrial user's
authorized responsible individual and certified by a qualified professional,
indicating whether pretreatment standards are being met on a constant
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(g)
Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this §
159-29 shall meet the requirements set out in §
159-28 of this article.
(h)
All baseline-monitoring reports must be signed and certified in accordance with this §
159-29.
C. Compliance schedule progress report. The following conditions shall apply to the schedule required under this §
159-29. The schedule shall contain progress increments 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 (such as events including hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to in this §
159-29C shall exceed nine months. The user shall submit a progress report to Springettsbury Township no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not the user complied with the increment of progress, the reason for any delay, (and, if appropriate) the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to Springettsbury Township.
D. Ninety-day compliance report. All industrial users or waste generators
subject to categorical pretreatment standards shall submit, within
90 days following the date of final compliance with applicable categorical
pretreatment standards, a report containing the information listed
in 40 CFR Part 403.12(b)(4)-(6). Industrial users or waste generators
subject to equivalent mass or concentration limits, established in
accordance with 40 CFR Part 403.6(c), must include in the report a
reasonable measure of the user's long-term production rate.
E. Signatory requirements. All reports submitted pursuant to requirements
outlined in this article, including but not limited to the baseline-monitoring
report, the self-monitoring report and the ninety-day compliance report
shall be signed by the responsible individual.
F. Certification requirements. All reports referenced in this §
159-29, as well as industrial user permit applications, waste permit applications and waste hauler license applications submitted pursuant to §
159-26 of this article, shall include the following statement:
|
"I certify, under penalty of law, that this document and all
attachments were prepared under my direction or supervision in accordance
with a system designed to assure that quality personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is to the best of my knowledge and belief true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations.
|
G. Notification of spills and slug loads. All users shall notify Dallastown
Borough and Springettsbury Township immediately by phone or in person
upon any planned or unplanned discharge of wastes of a strength or
character unusual for the discharger or in violation of the discharger's
industrial user permit or any other regulations set forth in this
article. All licensed waste haulers or permitted waste generators
shall notify Springettsbury Township in advance of the discharge of
a waste that is of a strength or character unusual for the hauler
or generator or is in violation of the hauler's license or generator's
permit or any other regulations set forth in this article. This report
is to be followed within 10 working days of the day of the occurrence
by a detailed written statement sent to the Pretreatment Administrator
describing the cause and characteristics of the discharge and measures
that are being taken to prevent further similar discharges. Such notification
shall not relieve the user from any liability which may be incurred
as a result of the discharge.
[Amended 2-14-2011 by Ord. No. 572]
H. Hazardous waste discharges.
(1) Any user who commences the discharge of hazardous waste shall notify
the POTW, the EPA Regional Waste Management Division Director, and
the state hazardous waste authorities in writing of any discharge
into the POTW of a substance which, if otherwise disposed of, would
be a hazardous waste under 40 CFR Part 261. Such notification must
include the name of the hazardous waste as set forth in 40 CFR Part
261, the EPA hazardous waste number, and the type of discharge (continuous,
batch, or other). If the user discharges more than 100 kilograms of
such wastes per calendar month to the POTW, the notification shall
also contain the following information to the extent such information
is known and readily available to the user: an identification of the
hazardous constituents contained in the waste, an estimation of the
mass and concentration of such constituents in the wastestream discharged
during the calendar month, and an estimation of the mass of constituents
in the wastestream expected to be discharged during the following
12 months.
(2) All notifications as required under this §
159-29 must take place no later than 180 days after the discharge commences. Any notification under this §
159-29 need be submitted only once for each hazardous waste discharged. Notification of changed discharges must be submitted under this §
159-29.
(3) Dischargers are exempt from the hazardous waste notification requirements
during a calendar month for which they discharge no more than 15 kilograms
of hazardous wastes, unless the wastes are acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e), discharge of more
than 15 Kg of nonacute hazardous wastes in a calendar month, or of
any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d)
and 261.33(e), require a one-time notification.
(4) Subsequent months during which the user discharges more than such
quantities of any hazardous wastes do not require additional notification.
(5) In the case of any new regulations under § 3001 of RCRA,
identifying additional characteristics of hazardous wastes or listing
any additional substances as a hazardous waste, the user must notify
the POTW, the EPA Regional Waste Management Division Director and
State hazardous waste authorities of the discharge of such substance
within 90 days of the effective date of such regulations.
[Amended 2-14-2011 by Ord. No. 572]
(6) In the case of any notification under this §
159-29, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
I. Notice to employees. In order that employees of industrial users
and significant waste generators be informed of the requirements of
this article, industrial users and significant waste generators shall
make available to their employees copies of these regulations and
any other wastewater information and notices which may be furnished
by Springettsbury Township directed toward more effective water pollution
control. A notice shall be furnished by the user and permanently posted
in a prominent area on the user's bulletin board explaining proper
procedures for spill prevention, containment, or neutralization and
advising employees who to call in case of an accidental discharge
in violation of these regulations.
J. Right-of-access. The wastewater treatment plant operators and other
duly authorized employees of Springettsbury Township and the Borough
bearing proper credentials and identification shall be allowed to
enter all properties and waste transportation vehicles for the purpose
of inspection, observation, measurement, sampling, and testing in
accordance with the provisions of this article. Springettsbury Township
shall inspect all significant industrial users and all significant
waste generators at least once per year.
K. Record keeping requirements. Any industrial user or waste generator
subject to reporting requirements shall be required to retain for
a minimum of three years any records of monitoring activities, results
and documentation associated with best management practices. Springettsbury
Township shall retain all reports that it receives from industrial
users and waste generators for a minimum of three years. Any record
of monitoring activities and results shall be made available for inspection
and copying by the pretreatment administrator or his duly authorized
representatives.
[Amended 2-14-2011 by Ord. No. 572]
L. Federal requirements. Upon the promulgation of any Federal standards or requirements (including, but not limited to, Federal Categorical Pretreatment Standards for any particular industrial subcategory found at 40 CFR Chapter
1, Subchapter N, Parts 405-471), the Federal Standards or requirements shall immediately supersede the limitations imposed under this article if the Federal standards are more stringent than the limitations imposed under this article. Any user or waste generator which is subject to Federal categorical standards is required to comply with all standards and requirements in accordance with § 307 of the Clean Water Act.
[Amended 2-14-2011 by Ord. No. 572]
M. State requirements. Upon the promulgation of any Pennsylvania state
standards or requirements, the state standards or requirements shall
immediately supersede the limitations imposed under this article if
the state standards are more stringent than federal limitations or
requirements or the limitations and requirements imposed under this
article.
N. General pretreatment facility management requirements. All users
shall install and operate at his own expense any pretreatment facility
that, in the opinion of the Borough or Springettsbury Township, is
necessary for the proper handling of wastes. Such facilities shall
be of a type and capacity approved by the Borough or Springettsbury
Township and shall be located as to be readily and easily accessible
for maintenance by the user and for inspection by the Borough or Springettsbury
Township. All plumbing appurtenances and grease trap installations
shall conform to any Dallastown Borough Plumbing Code then in force and to the most recent BOCA code requirements.
O. Pretreatment facility requirements.
(1) Pretreatment facilities, including but not limited to grease traps,
shall be provided by a user when, in the opinion of the Borough or
Springettsbury Township, they are necessary for the proper handling
of wastes containing excessive amounts of pollutants. All pretreatment
facilities shall be of type and capacity approved by the Borough or
Springettsbury Township, and shall be located to be easily accessible
for cleaning, inspection and maintenance.
(2) Where installed, all pretreatment facilities shall be maintained
by the user, at his own expense, and shall be kept in continuous and
efficient operation at all times.
P. Notice of changed discharge requirements. Each user shall notify the Pretreatment Administrator of any planned significant changes to the user's operations or systems which might alter the nature, quality, volume or constitute a slug load, as defined in §
159-22 hereof, of its wastewater at least 45 days before the change.
[Amended 2-14-2011 by Ord. No. 572]
[Amended 11-9-1998 by Ord. No. 438; 7-14-2003 by Ord. No. 497]
A. Surcharges. Although the sewage treatment works will be capable of
treating certain industrial wastes and wastes generated from a commercial
establishment, the actual treatment of such wastes may increase the
cost of operating and maintaining the public sanitary sewage system.
Therefore, there shall be imposed upon each person discharging such
waste into the public sanitary sewage system a surcharge or surcharges
which are intended to cover such additional costs. Such surcharges
shall be in addition to the regular sewage service charges established
by this chapter, and shall be payable as herein provided.
B. Determination of surcharges. The strength of any waste, the discharge of which is to be subject to surcharge as determined by this §
159-30, shall be determined quarterly, or more frequently as Springettsbury Township shall determine, from samples taken either at the manhole or metering chamber referred to herein, or at any other sampling point mutually agreed upon by Springettsbury Township and the producer of such waste. The frequency and duration of the sampling period shall be such as, in the opinion of Springettsbury Township, shall permit a reasonably reliable determination of the average composition of such waste, exclusive of stormwater runoff. Samples shall be collected or their collection supervised by a representative of Springettsbury Township and shall be samples that reasonably reflect the characteristics of the waste over a twenty-four-hour period. Except as hereinafter provided, the strength of the waste so found by analysis shall be used for establishing the surcharge or surcharges. The costs of sample collection and analysis for the purpose of determining surcharge rates may be established by a resolution of Springettsbury Township. However, Springettsbury Township may, if it so elects, accept the results of routine sampling and analyses by the producer of such wastes in lieu of making its own sampling and analyses.
C. Calculation of surcharges.
(1) In the event that, after sampling and analysis as prescribed in this §
159-30, any waste found by the township to have pollutants of BOD concentration in excess of 300 mg/L and/or total suspended solids concentration in excess of 350 mg/L and/or total phosphate as P concentration in excess of 10 mg/L, the producer of said waste shall pay a strength-of-waste surcharge in addition to the flat rate of volume charge established under this chapter, which surcharge shall be computed by using the following formula:
Factor (%) = 60 +
|
15[(BOD - 5 mg/L)] +
|
15[(TSS mg/L)] +
|
10[(P mg/L)] - 100
|
[300]
|
[350]
|
[10]
|
(2) Where the concentration of the waste is less than 300 mg/L for BOD
or 350 mg/L for total suspended solids or 10 mg/L for phosphate as
P, the values in parentheses for BOD and/or total suspended solids
and/or total phosphate as P shall be equal to one. The amount of the
strength-of-waste surcharge shall be computed by multiplying the flat
rate of volume charge, as established under this chapter for collection,
transportation and treatment, by the surcharge factor derived above.
D. The strength-of-waste surcharges provided for in this section shall
be added to the sewage service charge established under this chapter.
E. Sampling fees and schedules for significant industrial users. All
significant industrial users requiring an industrial user permit shall
be assessed a fee for service charge for each scheduled sampling and
unscheduled compliance sampling to be performed by Springettsbury
Township. The charge to the significant industrial user for each scheduled
sampling may be established by a resolution of Springettsbury Township.
The charge to the significant industrial user for each unscheduled
compliance sampling shall be 120% of the cost of each scheduled sampling.
F. Sampling fees and schedules for commercial users.
(1) All commercial users requiring an industrial user permit shall be
assessed a fee for service charge for each scheduled sampling and
unscheduled compliance sampling to be performed by Springettsbury
Township. The charge to the commercial user for each scheduled sampling
may be established by a resolution of Springettsbury Township. The
charge to the commercial user for each unscheduled compliance sampling
shall be 120% of the cost of each scheduled sampling.
(2) A sampling frequency table shall be on file at the wastewater treatment
facility for each significant industrial user and commercial user
and shall indicate the number of scheduled samplings that are to be
routinely performed by Springettsbury Township for a certain time
period, not including unscheduled compliance samplings. Springettsbury
Township shall sample all significant industrial users and commercial
users at least once per year.
(3) The scheduled sampling frequency shall be based on several criteria including, but not limited to: flow, SIC number and historical waste characteristics including past ordinance violations. Periodic reviews of data at least once per year but not more frequently than every six months may result in revisions of the table. An unscheduled compliance sample may be collected from any user within 30 days after Springettsbury Township identifies a violation of any provision of §
159-27B or
C of this article resulting from any scheduled or unscheduled sampling.
G. Other sampling and testing fees. The Borough or Springettsbury Township
may collect waste samples, make inspections and incur other expenses
in order to determine user compliance with applicable rules and regulations,
and may assess users certain fees for those services, which fees may
be established by a resolution of Springettsbury Township.
The rates for the transportation and treatment of sewage from
properties outside the geographical limits of Springettsbury Township,
including strength of water surcharges, shall be such amount as the
Springettsbury Township Board of Supervisors shall have negotiated
and agreed, in writing, with Dallastown Borough Council.