[Ord. No. 2-1995, 2/9/1995, Art. I]
1.
ACT
ASTM
BOD (denoting "BIOCHEMICAL OXYGEN DEMAND")
BUILDING SEWER
COMMERCIAL USER
CORPORATION SYSTEM
DAY
EASEMENT
EPA
GARBAGE
INDUSTRIAL USER
INTERFERENCE
MANAGER
MAY
NATURAL OUTLET
NPDES
OWNER
PERSON
pH
PRETREATMENT
PRETREATMENT STANDARD
PROPERLY SHREDDED GARBAGE
RESIDENTIAL USER
SANITARY WASTEWATER
SHALL
STANDARD METHODS
STATE
STORM SEWER
SURFACE WATER
SUSPENDED SOLIDS
TOWNSHIP SYSTEM
TOXICS
WASTEWATER
WASTEWATER FACILITY
WASTEWATER SEWER
WASTEWATER TREATMENT FACILITY
WPCF
Specific Definitions. Unless the context of usage indicates otherwise,
the meaning of specific terms in this Part shall be as follows:
The Federal Clean Water Act, as amended.
The American Society for Testing and Materials.
The quantity of oxygen used in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
The extension from a building wastewater plumbing facility
to the public wastewater facility.
Includes any property occupied by a nonresidential establishment
not within the definition of an "industrial user," and which is connected
to the wastewater facilities.
The components of the wastewater system owned by Hemlock
Municipal Sewer Corporation.
The twenty-four-hour period beginning at 12:01 a.m.
An acquired legal right for the specific use of land owned
by others.
The United States Environmental Protection Agency.
The solid animal and vegetable wastes resulting from the
domestic or commercial handling, storage, dispensing, preparation,
cooking, and serving of foods. Groundwater shall mean water within
the earth.
Any nonresidential user identified in Division A, B, D, E,
or I of the Standard Industrial Classification Manual. Industrial
user shall also include any user which discharges wastewater containing
toxic or poisonous substances, or any substance(s) which cause(s)
interference in the wastewater facilities.
Inhibition or disruption of any sewer system, wastewater
treatment process, sludge disposal system, or their operation, which
substantially contributes to a violation of applicable discharge permits
or applicable state or federal regulations.
The manager of the corporation system or his/her authorized
designee.
Is permissible, "shall" is mandatory.
Any outlet into a watercourse, pond, ditch, lake, or any
other body of surface or groundwater.
National Pollutant Discharge Elimination System permit program,
whether administered by the EPA or by the Commonwealth of Pennsylvania.
The person or persons who legally own, lease, or occupy private
property with wastewater facilities which discharge, or will discharge
to the Township system or the corporation system wastewater facilities.
Any individual, firm, company, association, society, partnership,
corporation, Township, or other similar organization, agency, or group.
The logarithm of the reciprocal of the hydrogen ion concentration
express in grams per liter of solution as determined by Standard Methods.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to discharge to the Township system or the corporation
system.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act,
which applies to industrial users.
Garbage that has been shredded to such a degree that all
particles will be carried freely under flow conditions normally prevailing
in the wastewater sewers, with no particle greater than 1/2 inch in
any dimension.
All premises used only for human residency and which is connected
to the wastewater facilities.
Wastewater discharged from the sanitary conveniences of dwellings,
office buildings, industrial plants, or institutions.
Is mandatory, "may" is permissible.
The latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association,
Water Pollution Control Federation and American Water Works Association.
The Commonwealth of Pennsylvania.
A sewer for conveying storm, surface, and other waters, which
is not intended to be transported to a treatment facility.
Water which occurs when the rate of precipitation exceeds
the rate at which water may infiltrate into the soil.
The total suspended matter that either floats on the surface
of or is in suspension in, water or wastewater, as determined by Standard
Methods.
The components of the wastewater system owned by Hemlock
Township.
Any of the pollutants designated by federal regulations pursuant
to § 307(a)(1) of the Act.
A combination of liquid and water-carried wastes from residences,
commercial buildings, industries, and institutions, together with
any groundwater, surface water, or stormwater that may be present.
The combination of the wastewater sewers and treatment facilities.
The structures, processes, equipment and arrangements necessary
to collect and transport wastewaters to the treatment facility.
The structures, processes, equipment and arrangements necessary
to treat and discharge wastewaters.
The Water Pollution Control Federation.
2.
Unless the context of usage indicates otherwise, the meaning of terms in this Part and not defined in Subsection 1 above, shall be as defined in the Glossary Water and Wastewater Control Engineering, prepared by the Joint Editorial Board of the American Public Health Association, American Society of Civil Engineers, American Water Works Association, and Water Pollution Control Federation, copyright 1969.
[Ord. No. 2-1995, 2/9/1995, Art. II; as amended by Ord. No. 11-11-2014, 11/11/2014]
1.
Purpose. The purpose of this Part is to provide for the maximum possible
beneficial public use of the wastewater facilities through regulation
of sewer construction, sewer use, and wastewater discharges, to provide
for equitable distribution of the costs of the wastewater facilities;
and, to provide procedures for complying with the requirements contained
herein.
2.
Scope.
A.
The definitions of terms used in this Part are found in § 18-231. The provisions of this Part shall apply to the discharge of all wastewater to facilities of Hemlock Township and the corporation. This Part provides for use of Township and corporation wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment, equitable distribution of costs, assurance that existing customers' capacity will not be preempted, approval of sewer construction plans, issuance of wastewater discharge permits, minimum sewer connection standards and conditions, and penalties and other procedures in cases of violation of this Part.
B.
This Part shall apply to Hemlock Township and to persons outside
of Hemlock Township who are, by contract or agreement with Hemlock
Township or the Hemlock Municipal Sewer Corporation, users of the
Township or corporation wastewater sewers or wastewater treatment
facilities.
3.
Administration. Except as otherwise provided herein, the manager
of the wastewater systems shall administer, implement, and enforce
the provisions of this Part.
4.
Notice of Violation. Any person found in violation of this Part or any requirement of a permit issued hereunder, may be served with a written notice stating the nature of the violation and providing a reasonable limit for compliance. Any such notice given shall be given in writing and served in person by regular mail. The notice shall be sent to the last known address of the violator. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, Subsection 5 of this section shall be implemented.
5.
Violation.
A.
Any person who continues to violate the provisions of this Part beyond the time limit provided for in Subsection 4 above, shall be subject to prosecution and, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
B.
Each day or portion thereof on which a violation continues shall
constitute a separate violation and shall be punishable accordingly.
C.
Nothing herein shall limit existing remedies for violation or remedies
provided for by the Sewage Facilities Act, 35 P.S. § 750.1
et seq.
6.
Service Fees and Charges.
A.
Service fees and other user charges payable under the provisions
of this Part are hereby imposed upon and shall be collected from the
owner of each property connected to the corporation and/or Township
wastewater facilities. The service fees and user charges payable by
the owners or properties connected solely to the corporation system
shall be as established from time to time by the corporation. The
service fees and charges payable by the owners of properties connected
to the Township system shall be established from time to time by resolution
of the Township.
B.
Payment of all service fees and other user charges arising under
the provisions of this Part shall be made to the corporation.
C.
Payment of all service fees and other user charges arising under
the provisions of this Part shall be due upon the receipt of notice
of same. Any fees and charges which are not paid within 30 calendar
days after each billing date shall be delinquent and shall be subject
to penalty and interest charges as provided for in the latest edition
of the corporation fee schedule.
7.
Inspections.
A.
The manager, bearing proper credentials and identification, shall
be permitted to enter properties at any reasonable time for the purposes
of inspection, observation, measurement, and sampling of the wastewater
discharge to ensure that discharge to the corporation and Township
wastewater facilities is in accordance with the provisions of this
Part.
B.
The manager, bearing proper credentials and identification, shall
be permitted to enter all private property through which the Township
or the corporation owns an easement for the purposes of inspection,
observation, measurement, sampling, repair, and maintenance of any
wastewater facilities lying within the easement. All entry and any
subsequent work on the easement, shall be done in full accordance
with the terms of the easement pertaining to the private property
involved.
C.
While performing the necessary work on private properties referred
to in paragraphs .A and .B above, the manager, shall observe all safety
rules established by the owner or occupant of the property and applicable
to the premises.
D.
During the performance on private properties of inspections, wastewater
sampling, or other similar operations referred to in paragraph .A
and .B above, the owner and occupant shall be: (1) held harmless for
personal injury or death of the manager and the loss of or damage
Hemlock Township's supplies or equipment; (2) indemnified against
loss of or damage to property of the owner or occupant by the manager;
and (3) indemnified against liability claims asserted against the
owner or occupant for personal injury of death of the manager or for
loss of or damage to property of the Hemlock Township, except as such
may be caused by negligence or failure of the owner of occupant to
maintain safe conditions as required by Part 7 of this Part.
[Ord. No. 2-1995, 2/9/1995, Art. III]
1.
Wastewater Disposal. Except as provided in this Part, it shall be
unlawful to construct or maintain any privy, privy vault, septic tank,
cesspool, or other facility intended or used for the disposal of wastewater.
2.
Connection to Wastewater Sewer Required. The owner of any house,
building, or property which is used for human occupancy, employment,
recreation, or other purposes, under the jurisdiction of this Part,
and abutting on any street, alley, or rights-of-way in which there
is or may be located a portion of the wastewater sewer of either the
corporation or Township system, is required at the owner's expense
to install suitable toilet facilities therein, and to connect such
facilities directly to the wastewater sewer in accordance with the
provisions of this Part, within 60 days after date of official notice
to do so provided that the proper wastewater sewer is within 150 feet
of the principal structure on said property. In the event that usual
topographical features make such connection unfeasible, this requirement
may be waived at the discretion of the Township Supervisors.
3.
Abandonment of Existing Facilities. Any existing privy, privy vault, septic tank, cesspool or similar facility for the disposal of wastewater located on any property which is required to be connected to the wastewater sewer pursuant to Subsection 2 of this Part shall be abandoned and, at the discretion of Hemlock Township, shall be cleansed and filled at the expense of the owner of the property. Any such existing facility not so abandoned and, if required by Hemlock Township, not cleansed and filled, shall constitute a nuisance which may be abated, as provided by law, at the expense of the owner of the property.
[Ord. No. 2-1995, 2/9/1995, Art. IV; as amended by Ord. No. 11-11-2014, 11/11/2014]
1.
Private Systems Required. All houses, buildings, or properties which are required by other authority to have sanitary or industrial wastewater facilities, are subject to the jurisdiction of this Part, and are located where a proper wastewater sewer is not available as specified by the provisions of § 18-233, Subsection 2, of this Part, shall be equipped at the owner's expense with suitable wastewater facilities connected to a private wastewater disposal system which shall be governed by the Sewage Facilities Act, 35 P.S. § 750.1 et seq.
2.
Design Requirements. The type, capacities, location and layout of
a private wastewater disposal system shall comply with all requirements
of the Sewage Facilities Act, 35 P.S. § 750.1 et seq., and
the regulations of the Department of Environmental Protection.
3.
Sanitary Operation Required. The licensee of any private wastewater
disposal system shall operate and maintain said system in a sanitary
manner at all times in accordance with the conditions of the operating
permit, and at no expense to Hemlock Township. Such facilities shall
be subject to inspection by the Hemlock Township Sewage Enforcement
Officer as required by law.
4.
Further Requirements. No statement contained in this Part shall be
construed to interfere with any additional requirements that may be
imposed by the Department of Environmental Protection, or other applicable
authority.
[Ord. No. 2-1995, 2/9/1995, Art. V; as amended by Ord. No. 11-11-2014, 11/11/2014]
1.
Connection Permit.
A.
No unauthorized person shall uncover, make any connections with or
opening into, use, alter, or disturb any wastewater sewer or storm
sewer without first obtaining a written permit from the designated
Township official.
B.
There shall be three classes of permits for connection to the Township's
or corporation's wastewater facilities: residential, commercial,
and industrial. The owner shall make application to the Township for
a permit to connect to either the Township system or the corporation
system on a form furnished by the Township. The permit application
shall be accompanied by a certificate issued by the corporation evidencing
ownership by the applicant of the number of EDUs of capacity required
for the proposed connection. The permit application shall be supplemented
by wastewater information required to administer this Part. Upon making
application for a connection permit, the applicant shall pay a permit
and inspection fee in an amount as established from time to time by
resolution of the Township.
2.
Connection or Tapping Fee. The owner of any improved property making
connection to either the corporation system or the Township system
shall be assessed a connection fee or tapping fee, as applicable,
in an amount as established from time to time by the corporation or
by resolution of the Township as applicable.
3.
Conditions Required for Connection. No person shall make, or cause
to be made a connection of any improved property with the wastewater
sewer until such person shall have fulfilled each of the following
conditions:
A.
Such person shall have obtained a connection permit as required by
Subsection 1A above.
B.
Such person shall have given the Township inspector at least 24 hours'
notice of the time when such connection will be made in order that
the inspector may supervise and inspect the work of connection and
necessary testing.
C.
If applicable, such person shall have furnished satisfactory evidence
to the Township inspector that any tapping (or connection) fee that
may be charged and imposed against the owner of such improved property
for connection to the corporation's or Township's wastewater
sewers has been paid.
4.
Connection Costs. The costs and expenses incidental to the building
sewer installation and connection to either the corporation or Township
system shall be borne by the owner. The owner shall indemnify the
corporation or the Township, as the case may be, from any loss or
damage that may directly or indirectly be occasioned by the installation
of the building sewer.
5.
Separate Connections Required. A separate and independent building
sewer shall be provided for every building, except that, where one
building stands at the rear of another on an interior lot and no private
sewer is available or can be constructed to the rear building through
an adjoining alley, court yard, or driveway, the building sewer serving
the front building may be extended to the rear building and the whole
considered as one building sewer. The corporation and the Township
assume no obligation or responsibility for damage caused by or resulting
from any single building sewer which serves two buildings.
6.
Existing Building Sewers. Existing building sewers way be used for
connection of new or existing buildings only when they are found,
on examination and testing by the Township inspector, to meet the
requirements of this Part.
7.
Material and Specifications for Building Sewers. The building sewer
shall be ABS or PVC plastic pipe, ASTM specifications or equal; ductile
iron soil pipe, ASTM specifications or equal; vitrified clay sewer
pipe, ASTM specifications or equal; or other suitable material approved
by the Township Inspector and laid on a suitable base in a suitable
manner. Ductile iron pipe or plastic pipe may be required by the inspector
where the building sewer is exposed to damage by tree roots or is
installed in filled or unstable ground.
8.
Size and Slope of Building Sewer. The size and slope of the building
sewer shall be subject to the approval of the Township inspector.
In no case shall the building sewer be less than four inches in diameter.
9.
Placement, Grade and Depth of Building Sewer. No building sewer shall
be laid parallel to, and within three feet of, any bearing wall, which
might thereby be weakened. The building sewer shall be laid at sufficient
depth to afford protection from frost. The building sewer shall be
laid at uniform grade of not less than 0.02 ft/ft for four-inch pipe
and 0.001 ft/ft for six-inch pipe or larger, and in straight alignment
insofar as possible, with necessary changes in direction being made
only with properly curved pipe and fittings.
10.
Discharge by Artificial Means When Gravity Flow Insufficient. In
any building in which the building drain is too low to permit gravity
flow to the public sewer line, sewage carried by such building drain
shall be lifted by approved artificial means and discharged to the
building sewer.
11.
Joints and Connections.
A.
All joints and connections shall be made gastight and watertight.
All joints in plastic pipes shall be made in strict accordance with
the installation standards of the respective material manufacturer.
Joints may be made by solvent welding or elastomeric process only.
All solvent cements shall conform to the respective ASTM standards
for the material being used. Proper adapters shall be used when joining
plastics to dissimilar materials.
B.
Ductile iron pipe joints shall be made in accordance with ASTM standards.
No paint, varnish, or other coatings shall be permitted on the joining
material until after the joint has been tested and approved.
C.
All joints in vitrified clay pipe or between such pipe and metals
shall be made with approved hot-poured jointing materials or cement
mortar.
D.
Other joining materials and methods may be used only after approval
by the Township inspector.
12.
Excavations for Building Sewer. All excavations required for the
installation of a building sewer shall be open trench work unless
otherwise approved by the Township inspector. Pipe laying and backfill
shall be performed in accordance with ASTM specifications except that
no backfill shall be placed until the work has been inspected and
approved by the inspector, or other designated agent of the Township.
13.
Safety and Warning Facilities. All excavations for building sewer
installation and connection shall be adequately guarded with barricades
and lights so as to protect the public from hazard. Streets, sidewalks,
roads, and other public property, if any, disturbed in the course
of the work shall be restored in a manner satisfactory to the Township.
14.
Unsatisfactory Conditions. If the owner of any improved property
shall fail or refuse, upon receipt of a written notice from the Township,
to remedy any unsatisfactory condition with respect to a building
sewer within 60 days of receipt of such notice, the Township or corporation
may refuse to permit the discharge of any sewage from the improved
property into the wastewater sewage system until such unsatisfactory
condition shall have been remedied to the satisfaction of the Township
inspector.
15.
Registration of Contractors.
A.
Any contractor intending to perform work on any wastewater sewer
shall apply to the designated Township official and present his or
her qualifications, past experience, business address and any other
required information. Upon acceptance, names of approved contractors
shall be inscribed on a Township registry list. A registration fee
in an amount as established from time to time by resolution of the
Board of Supervisors will be charged by the Township and the Township
may issue licenses or certificates.
B.
Evidence of failure to comply with these rules and regulations, by
a registrant, will subject that registrant to removal from the registry
list and exclusion from performing any work on any wastewater sewer
within the Township.
16.
Supplemental Rules and Regulations. The Township reserves the right
to adopt, from time to time, additional rules and regulations as shall
be deemed necessary and proper relating to connections with the wastewater
sewer, which additional rules and regulations, to the extent appropriate,
shall be constructed as part of this Part.
17.
Protection of Capacity for Existing Users. No permit shall be issued
for any class of connection to Hemlock Township's wastewater
sewers or wastewater treatment facilities unless there is sufficient
capacity, not legally committed to other users, in the wastewater
sewers and treatment facilities to convey and adequately treat the
quantity of wastewater which the requested connection will add to
the system. Such a connection may be permitted, however, if there
are legally binding commitments to provide the needed capacity.
[Ord. No. 2-1995, 2/9/1995, Art. VI]
1.
Special Uses of Wastewater Sewers. All discharges of stormwater,
surface water, groundwater, roof rung subsurface drainage, or other
waters not intended to be treated in the treatment facility shall
be made to storm sewers or natural outlets designed for such discharges.
Any connection, drain, or arrangement which will permit any such waters
to enter any wastewater sewer shall be deemed to be a violation of
this section and this Part.
2.
Restricted Discharges.
A.
No person shall discharge or cause to be discharged to any of the
corporation or Township's wastewater facilities any substances,
materials, waters, or wastes in such quantities or concentrations
which will:
(1)
Create a fire or explosion hazard including, but not limited
to, gasoline, benzene naphtha, fuel, oil, or other flammable or explosive
liquid, solid, or gas.
(2)
Cause corrosive damage or hazard to structures, equipment, or
personnel of the wastewater facilities, and in no case discharges
with the following properties:
(3)
Cause obstruction to the flow in sewers, or other interference
with the operation of wastewater facilities due to accumulation of
solid or viscous materials.
(4)
Constitute a rate of discharge or substantial deviation from
normal rates of discharge, ("slug discharge"), sufficient to cause
interference in the operation and performance of the wastewater facilities.
(5)
Contain heat in amounts which will accelerate the biodegradation
of wastes, causing the formation of excessive amounts of hydrogen
sulfide in the wastewater sewer or inhibit biological activity in
the wastewater treatment facilities, but in no case shall the discharge
of heat cause the temperature in the wastewater sewer to exceed 58°
C. (150° F.) or the temperature of the influent to the treatment
facilities to exceed 40° C. (104° F.) unless the facilities
can accommodate such heat.
(6)
Contain more than 100 milligrams per liter of nonbiodegradable
oils of mineral or petroleum origin.
(7)
Contain floatable oils, fat or grease.
(8)
Contain noxious, malodorous gas or substance which is present
in quantities that create a public nuisance or a hazard to life.
(9)
Contain radioactive wastes in harmful quantities as defined
by applicable state and federal regulations.
(10)
Contain any garbage that has not been properly shredded.
(11)
Contain any odor or color producing substances exceeding concentration
limits which may be established by the manager for purposes of meeting
Hemlock Township's NPDES permit.
B.
If, in establishing discharge restrictions, discharge limits, or
pretreatment standards pursuant to this Part, the manager establishes
concentration limits to be met by an industrial user, the manager,
in lieu of concentration limits, shall establish mass limits of comparable
stringency for an individual industrial user at the request of such
user.
3.
Federal Categorical Pretreatment Standards.
A.
No person shall discharge or cause to be discharged to any wastewater
facilities, wastewaters, containing substances subject to any applicable
Federal Categorical Pretreatment Standard promulgated by EPA in excess
of the quantity prescribed in such applicable pretreatment standards
except as otherwise provided in this section. Compliance with such
applicable pretreatment standards shall be within three years of the
date the standard is promulgated; provided however, that compliance
with a categorical pretreatment standard for new sources shall be
required upon promulgation.
B.
Upon application by an industrial user, the manager shall revise
any limitations on substances specified in the applicable pretreatment
standards to reflect removal of the substances by the wastewater treatment
facility. The revised discharge limit for specified substances shall
be derived in accordance with federal law.
C.
Upon application by an industrial user, the manager shall adjust
any limitation or substances specified in the applicable pretreatment
standards to consider factors relating to such user which are fundamentally
different from the factors considered by EPA during the development
of the pretreatment standard. Requests for and determinations of a
fundamentally different adjustment shall be in accordance with federal
law.
D.
The manager shall notify an industrial user affected by the provisions
of this section and establish an enforceable compliance schedule for
each.
4.
Special Agreements. Nothing in this Part shall be construed as preventing
any special agreement or arrangement between Hemlock Township or the
corporation and any user of the wastewater facilities whereby wastewater
of unusual strength or character is accepted into the system and specially
treated subject to any payments or user charges as may be applicable
so long as both the Township and the corporation approve the agreement.
5.
Water and Energy Conservation. The conservation of water and energy
shall be encouraged by the manager. In establishing discharge restrictions
upon industrial users, he/she shall take into account already implemented
or planned conservation steps revealed by the industrial user. Upon
request of the manager, each industrial user shall provide the manager
with pertinent information showing that the quantities of substances
or pollutants have not been nor will be increased as a result of the
conservation steps. Upon such a showing to the satisfaction of the
manager, he/she shall make adjustments to discharge restrictions,
which have been based on concentrations, to reflect the conservation
steps.
[Ord. No. 2-1995, 2/9/1995, Art. VII]
1.
Information Requirements.
A.
All industrial users shall file with the manager any information
deemed necessary by the manager for determination of compliance with
this Part, the corporation's NPDES permit conditions, and state
and federal law. Such information shall be provided by completion
of a questionnaire designed and supplied by the manager and by supplements
thereto as may be necessary. Information requested in the questionnaire
and designated by the discharger as confidential is subject to the
conditions of confidentiality as set out in Subsection 1C of this
Part.
B.
Where a person owns, operates or occupies properties designated as
an industrial user at more than one location, separate information
submittals shall be made for each location as may be required by the
manager.
C.
The manager shall implement measures to ensure the confidentiality
of information provided by an industrial discharger pursuant to this
Part. In no event shall the manager delegate this responsibility or
disclose any claimed confidential information to any person without
prior notice in writing to the owner and without providing the owner
with the opportunity to protect such confidential information, including
the right to seek judicial relief.
2.
Provision for Monitoring.
A.
When required by the manager, the owner of any property serviced
by a building sewer carrying industrial wastewater discharges shall
provide suitable access and such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling, and measurement
of the wastewater. Such access shall be in a readily and safely accessible
location and shall be provided in accordance with plans approved by
the manager. The access shall be provided and maintained at the owner's
expense so as to be safe and accessible at reasonable times.
B.
The manager shall consider such factors as the volume and strength
of discharge, rate of discharge, quantities of toxic materials in
the discharge, wastewater treatment facility removal capabilities,
and cost effectiveness in determining whether or not access and equipment
for monitoring industrial wastewater discharges shall be required.
C.
Where the manager determines that access and equipment for monitoring
or measuring industrial wastewater discharges is not practicable,
reliable, or cost effective, the manager may specify alternative methods
of determining the characteristics of the wastewater discharge which
will, in the manager's judgment, provide an equitable measurement
of such characteristics.
3.
Determination of Wastewater Characteristics.
A.
Measurements, tests, and analyses of the characteristics of wastewater
to which reference is made in this Part shall be determined in accordance
with the latest edition of Standard Methods for the Examination of
Water and Wastewater, published by the American Public Health Association
or such alternate methods approved by the manager and which comply
with state and federal law. Sampling methods, locations, times, durations
and frequencies are to be determined on an individual basis subject
to approval by the manager. The discharger shall have the option to
use, at his own expense, more complete sampling methods, locations,
times, durations, and frequencies than specified by the manager.
B.
Measurements, tests, and analyses of the characteristics of wastewater
required by this Part shall be performed by a qualified laboratory.
When such analyses are required of a discharger, the discharger may,
in lieu of using the Township's or corporation's laboratory,
make arrangements with any qualified laboratory, including that of
the discharger, to perform such analyses.
C.
Monitoring of wastewater characteristics necessary for determination
of compliance with applicable pretreatment standards shall be conducted
on the basis of the following schedule, unless more frequent monitoring
is required by authority other than this Part, or if the manager,
in his judgment, determines that the characteristics of the specific
discharge warrant a different frequency monitoring:
|
Average Actual Daily User Discharge
|
Monitoring Frequency
|
|---|---|
|
Less than 100,000 gpd
|
Semiannually
|
|
100,000 - 999,999 gpd
|
Quarterly
|
|
More than 999,999 gpd
|
Monthly
|
D.
Monitoring of wastewater characteristics for any purpose other than
the determination of compliance with pretreatment standards shall
be conducted at intervals as deemed necessary by the manager.
E.
Upon demonstration by any person that the characteristics of the
wastewater discharged by that person are consistent, the manager may
reduce the frequency as may be required by authority other than this
Part, except in no case shall the frequency of monitoring be less
than semi-annual for the determination of compliance with pretreatment
standards.
F.
In determining the discharge characteristics of industrial dischargers,
factors such as continuous or batch operation, seasonal operation,
and the information requirements of other provisions of this Part
shall be considered by the manager. The manager may obtain wastewater
samples as required to verify the consistency of discharge characteristics.
G.
Fees for any given measurement, test, or analysis of wastewater required
by this Part and performed by the corporation shall be the same for
all classes of dischargers, regardless of the quantity or quality
of the discharge, and shall reflect only the direct cost thereof.
Costs of analyses performed by an independent laboratory at the option
of discharger shall be borne directly by the discharger.
4.
Costs of Damage. If the drainage or discharge from any establishment
causes any deposit, obstruction, or damage to the wastewater facilities,
the manager shall cause the deposit or obstruction to be promptly
removed or cause the damage to be promptly repaired. The cost for
such work, including materials, labor, and supervision, shall be borne
by the person causing such deposit, obstruction, or damage.
[Ord. No. 2-1995, 2/9/1995, Art. VIII]
1.
Wastewaters with Special Characteristics.
A.
While the manager should initially rely upon the Federal Categorical Pretreatment Standards referenced in § 18-236, Subsection 3, to protect wastewater facilities or receiving waters, if any wastewater which contains substances or possesses characteristics shown to have deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which constitutes a public nuisance or hazard, is discharged or is proposed for discharge to the wastewater sewers, the manager may:
(1)
Require pretreatment to a condition acceptable for discharge
to the wastewater sewer.
(2)
Require control over the quantities and rate of discharge.
(3)
Require payment to cover added cost of handling and treating
the wastewaters not covered by existing fees or charges.
(4)
Require the development of compliance schedules to meet any
applicable pretreatment requirements.
(5)
Require the submission of reports necessary to assure compliance
with applicable pretreatment requirements.
(6)
Carry out all inspection, surveillance, and monitoring necessary
to determine compliance with applicable pretreatment requirements.
(7)
Obtain remedies for noncompliance by any user. Such remedies may include injunctive relief, the civil penalties specified in Subsection 2 of this Part, or appropriate criminal penalties.
(8)
Reject the Wastewater. If scientific evidence discloses that
the discharge will create unreasonable hazards or have unreasonable
deleterious effects on the wastewater facilities.
B.
When considering the above alternatives, the manager shall assure
that conditions of the NPDES permit are met. The manager shall also
take into consideration cost effectiveness and the economic impact
of the alternatives on the discharger. If the manager allows the pretreatment
or equalization of wastewater flows, the installation of the necessary
facilities shall be subject to review. The manager shall review and
recommend any appropriate changes to the program within 10 days of
submittal.
C.
Where pretreatment or flow-equalizing facilities are provided or
required for any wastewater, they shall be maintained continuously
in satisfactory and effective operation at the expense of the owner.
D.
The manager may permit utilization of grease traps for all food processing
and serving facilities as a suitable alternative to pretreatment of
certain wastes.
2.
Compliance with Pretreatment Requirements. Persons required to pretreat wastewater in accordance with Subsection 1 above, shall provide a statement, reviewed by an authorized representative of the user and certified to by a qualified person, indicating whether applicable pretreatment requirements are being met on a consistent basis and, if not, describing the additional operation and maintenance or additional pretreatment required for the user to meet the pretreatment requirements. If additional pretreatment or operation and maintenance will be required to meet the pretreatment requirements, the user shall submit a plan (including schedules) to the manager. The plan (including schedules) shall be consistent with applicable conditions of the corporation's NPDES permit or other local, state or federal laws.
4.
Effect of Federal Law. In the event that the federal government promulgates
a regulation for a given new or existing user in a specific industrial
subcategory that establishes pretreatment standards or establishes
that such a user is exempt from pretreatment standards, such federal
regulations shall immediately supersede Subsection 1A of this section.
5.
Revision of Pretreatment Standards. The manager shall promptly apply
for and obtain authorization from the EPA to revise discharge limitations
for those substances listed in the Federal Categorical Pretreatment
Standards for which consistent removal occurs in the wastewater treatment
facilities of the corporation. The manager shall not adopt or enforce
discharge limitations more stringent than the requested limitations
until the state or EPA acts on the application.
[Ord. No. 2-1995, 2/9/1995, Art. IX]
1.
Service Charges to Reflect Actual Use. Charges and fees for the use
of the public wastewater facilities shall be based upon the actual
use of such system, or contractual obligations for a level of use
in excess of current actual use. Property value may be used to collect
the amount due as permitted by applicable.
2.
Determination of System Use.
B.
Where measurement and analysis is considered not feasible, determination
of each user's use of the facilities shall be based upon the
quantity of water used whether purchased from a public water utility
or obtained from a private source, or an alternative means as provided
by paragraph .C below.
C.
The manager, when determining actual use of wastewater facilities
based on water use, shall consider consumptive, evaporative, or other
use of water which results in a significant difference between a discharger's
water use and wastewater discharge. Where appropriate, such consumptive
water use may be metered to aid in determining actual use of the wastewater
facilities. The meters used to measure such water uses shall be of
a type and installed in a manner approved by the manager. The actual
average water use by each residential user during the three months
of January, February and March shall be used as the measure of each
respective residential user's actual use of the sewer system
throughout the year.
