Township of West Cocalico, PA INDUSTRIAL WASTE

[Ord. 42, 7/12/1984, § 1]

Purpose and Policy.

This Part 3A sets forth uniform requirements for contributors to the sewerage facilities of East Cocalico Township Authority (hereafter also referred to as "Authority"). The objectives of this Part 3A are:

(1)

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

(2)

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

(3)

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

(4)

To provide for equitable distribution of the costs for operation of the sewerage system.

This Part 3A defines certain terms and provide for the regulation of contributors to the sewerage system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users. In addition, this Part 3A authorizes monitoring, testing, inspection and reporting, provide for the setting of fees for the equitable distribution of costs resulting from the program established herein and impose penalties for user noncompliance.

This Part 3A shall apply to Township of West Cocalico and to all persons who are, by contract or agreement with East Cocalico Township Authority, users of the sewerage system.

Short Title. The short title of this Part 3A shall be "Township of West Cocalico Industrial Waste Ordinance."

§ 18-302 Definitions.

[Ord. 42, 7/12/1984, § 2; as amended by Ord. 125B, 9/16/2014]

Scope. The following words, terms and phrases when used in this Part 3A shall have the meaning described in this section, except where the context clearly indicates a different meaning. Words, terms and phrases are as follows:

ALLOWABLE INDUSTRIAL WASTE

Any solid, liquid or gaseous substance, water-borne waste or form of energy ejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sanitary sewage, which complies with all provisions of this Part 3A and which is allowed to be discharged into the sewer system by East Cocalico Township Authority.

AUTHORITY

The East Cocalico Township Authority, Lancaster County, Pennsylvania, as well as the duly qualified and acting members of the Board thereof or its authorized deputy, agent, delegate or representative.

BOD (BIOCHEMICAL OXYGEN DEMAND)

The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. The standard laboratory procedure shall be found in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association.

BOROUGH

The Borough of Ephrata, Lancaster County, Pennsylvania or its authorized deputy, agent or representative.

COOLING WATER

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

DISSOLVED SOLIDS

The anhydrous residues of the dissolved constituents in water or wastewater.

ENVIRONMENTAL PROTECTION AGENCY or EPA

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

GARBAGE

Solid waste resulting from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage, and sale of produce.

GRAB SAMPLE

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

GROUND WATER

That which is contained in or passing through the ground.

HOLDING TANK WASTE

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

INDUSTRIAL WASTE

INDUSTRIAL WASTE DISCHARGE PERMIT

As set forth in of this Part 3A.

INTERFERENCE

The inhibition or disruption of the sewage treatment plant processes or operations which contributes to a violation of any requirement of the Borough's NPDES permit, or any permit issued to Authority. The term includes prevention of sewage sludge use or disposal by the Borough or Authority in accordance with § 405 of the Act, 33 U.S.C. § 1345, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria applicable to the method of disposal or use employed by the Borough or the Authority.

MANHOLE

A structure leading from the surface of the ground to a sewer, permitting access to the sewer.

Mg/l

Milligrams per liter.

MUNICIPALITY

Any county, county authority, municipal authority, city, borough, Township, or school district.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

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

OPERATOR

Any person having charge, care, management or control of a tank truck or trucks for use in the removal, transportation and disposal of sewage and industrial wastes.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of an improved property.

PERSON

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

The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalent per liter of solution, and indicating the degrees of acidity or alkalinity of a substance. A stabilized "pH" will be considered as a "pH" which does not change beyond the specified limits when the waste is subjected to aeration. It shall be determined by one of the accepted methods described in the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association.

POLLUTANT

Any dredged spoil, 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.

POLLUTION

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

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 sewerage facilities. The reduction or alteration can be obtained by physical, chemical or biological processes.

SANITARY SEWER

A sewer which carries sewage and/or authorized industrial wastes and to which storm, surface, and ground waters are not intentionally admitted.

SEWAGE

The normal water-carried household and toilet waste from any improved property, excluding, however, the effluent from septic tanks or cesspools, rain, storm and ground water, as well as roof or surface water, drainage or percolating or seeping waters, or accumulation thereof, whether underground or in cellars or basements. The terms "sewerage" or "sewage" shall have the same meaning.

SEWAGE TREATMENT PLANT

That portion of the sewerage system designed to provide treatment to wastewater. Includes, but is not necessarily limited to, any arrangement of devices and structures used for treating sewage and authorized industrial waste.

SEWER

A pipe or conduit for carrying sewage, or authorized industrial waste.

SEWERAGE SYSTEM or SEWERAGE FACILITY

A publicly owned treatment works (POTW) as defined by § 212 of the Act, 33 U.S.C. § 1292, which is owned in this instance by the Borough or Authority. This definition includes any sanitary sewers of East Cocalico Township Authority and/or Borough that convey wastewater to the sewage treatment plant, including all of those of the Authority and Borough, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Part 3A, "sewerage system" shall also include any sewers that convey wastewaters to the sewerage system from persons who are, by contract or agreement with East Cocalico Township Authority, users of the sewerage system of East Cocalico Township Authority and/or Borough.

SLUG

Any discharge of water, sewage, or industrial waste in which concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration, or flow, during normal operation.

STANDARD METHODS

An abbreviated expression used to denote Standard Methods for the Examination of Water and Waste Water, a manual published by the American Public Health Association specifying official analytical procedures for the measurement of wastewater parameters.

STATE

Commonwealth of Pennsylvania.

SUSPENDED SOLIDS

Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

TOTAL SOLIDS

The sum of dissolved and undissolved constituents in water or wastewater.

TOXIC SUBSTANCES

Any substance or combination of substances that: (1) is listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA § 307(a) or other Acts, or (2) is present in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in the sewerage system or in the receiving waters of the sewage treatment plant.

TWENTY-FOUR-HOUR COMPOSITE WASTEWATER SAMPLE

Consists of 24 hourly wastewater samples collected over a twenty-four-hour period with the sample proportioned according to the flow rate at the time of the sample.

UNAUTHORIZED WASTE

Any waste which is not in compliance with the provisions of this Part 3A, or which is discharged into the sewerage system by a person in violation of any provision contained in this Part 3A.

USER

Any person who contributes, causes or permits the contribution of wastewater into sewerage system of East Cocalico Township Authority and/or Borough.

WASTEWATER

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

Any other term used herein shall be defined to adapt by reference first any definition contained in the East Cocalico Township Authority rates, rules and regulations, and if none appear there, second by any reference to any definitions used by the Department of Environmental Protection of the Commonwealth of Pennsylvania and, if none appear there, third by reference to any definitions used by the U.S. Environmental Protection Agency.

§ 18-303 Regulations.

[Ord. 42, 7/12/1984, § 3]

Use of Sanitary Sewers and Admission of Industrial Waste.

All sewage and authorized industrial waste may be discharged to the sewerage system except those which are deemed harmful to the system or are specifically prohibited by this Part 3A.

No user shall discharge or cause to be discharged any stormwater, surface water, spring water, ground water, roof runoff, subsurface drainage, building foundation drainage, cellar drainage, or non-contaminated cooling or process water into the sewerage system.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewage treatment plant.

Except as otherwise provided, no user shall discharge or cause to be discharged into the sewerage system any sewage, industrial wastes, or other matter or substance:

(1)

Having a temperature at the point of user discharge higher than 150° F., having a temperature at the point of introduction into the sewerage system which exceeds 104° F. or is less than 32° F., or which will inhibit biological activity at the sewage treatment plant.

(2)

Containing more than 100 mg/l of fat, oil or grease.

(3)

Containing any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewerage system or to the operation of the sewage treatment plant. At no time shall two successive readings on any explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, paint products, ethers, alcohols, ketones, aldehydes, peroxides, acids or bases, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which are a fire hazard or a hazard to the system.

(4)

Containing unground garbage with particles greater than 1/2 inch in any dimension.

(5)

Containing solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the sewage treatment plant such as, but not limited to: ashes, cinders, spent lime, stone dust, sand, mud, straw, shavings, metals, glass, rags, grass clippings, feathers, tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building materials, rubber, asphalt residues, hair, bones, leather, porcelain, china, ceramic wastes, polishing wastes, glass grinding or other solid or viscous substances capable of causing obstruction or other interference with the operation of the sewerage system.

(6)

Having a pH, stabilized, lower than 6.0 or higher than 8.5 or having any other corrosive or scale forming property capable of causing damage or hazard to structures, equipment, bacterial action or personnel of the sewerage system or the sewage treatment plant.

(7)

Containing toxic or poisonous pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals or create a toxic effect in the receiving waters of the sewage treatment plant.

(8)

Containing a BOD or suspended solids concentration greater than 250 mg/l or of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. Discharges in excess of 250 mg/l shall be subject to surcharge as provided for in § 18-306 of this Part 3A. In no case shall the BOD or suspended solids concentration exceed 2,000 mg/l. Discharges in excess of 2,000 mg/l shall be subject to a penalty surcharge as provided for in this Part 3A.

(9)

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

(10)

Containing dye from any source that will not have an effluent the equivalent of that produced by alum coagulation and chlorination to remove suspended or colloidal matter and bleach the dissolved dyes.

(11)

Containing radioactive substances or isotopes of such half-life or concentration as may exceed limits in compliance with applicable State or Federal regulations.

(12)

Having a chlorine demand in excess of 12 mg/l at a detention time of 20 minutes.

(13)

Prohibited by any permit issued by the Commonwealth of Pennsylvania or the Environmental Protection Agency.

(14)

Containing any substance which will cause the sewage treatment plant to violate its NPDES permit or the receiving water quality standards.

(15)

Containing any substance which may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the sewerage system cause the sewage treatment plant to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, 42 U.S.C. § 6962, the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., or State criteria applicable to the sludge management method being used.

(16)

Containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, specifically non-biodegradeable complex carbon compounds.

(17)

Containing any organic compounds of endrin, lindane, metho-xychlor, toxaphene, dichlorophenoxyacetic acid or trichlorophenoxypropionic acid.

(18)

Causing a hazard to human life or public nuisance.

(19)

Containing total solids greater than 3,000 mg/l or of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(20)

Containing pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will inhibit or cause interference to the processes or operation of the sewage treatment plant.

(21)

Containing industrial waste slugs having an average daily flow greater than 5% of the average daily sewage flow at the sewage treatment plant.

(22)

Containing concentrations of anions, cations, and other various objectionable substances in excess of the following limits, measured at the point of discharge to the sewerage system:

Substance	Maximum Concentration mg/l
Arsenic	0.01
Barium	1.0
Cadmium	0.01
Chromium (hexavalent)	0.05
Chromium (total)	1.0
Copper	1.0
Cyanides	0.1
Lead	0.05
Mercury	0.01
Nickel	0.5
Phenol	0.01
Selenium	0.01
Silver	0.05
Zinc	2.5

Provided, however, that deviations from the above schedule may be authorized by the Authority in its sole discretion, upon an affirmative showing, by the person requesting the same, that such deviation will not be harmful to the sewerage system or the sewage treatment plant.

If such amounts of any waters or wastes are discharged, or are proposed to be discharged to the sewerage system, which waters contain the substances or possess the characteristics enumerated in this section or which in the judgment of East Cocalico Township Authority may have a deleterious effect upon the sewerage system or the sewage treatment plant, East Cocalico Township Authority may, upon giving official notice to the discharger:

(1)

Reject the waste.

(2)

Require pretreatment to reduce characteristics to maximum limits permitted by this Part 3A.

(3)

Require control over the quantities and rates of discharge.

(4)

Require immediate discontinuance of the waste discharge until such time as it meets the requirements of this section.

In no circumstance shall a person discharge or cause to be discharged into the sewerage system, any of the substances listed in Paragraph D above without first filing an industrial waste discharge permit Application and receiving written approval by East Cocalico Township Authority, as described in this Part 3A.

Whenever a person is authorized by East Cocalico Township Authority to discharge any polluted water, sewage or industrial waste containing any of the substances or possessing any of the characteristics referred to in Subsection 3 of this section, such discharge shall be subject to the continuing approval, inspection and review of East Cocalico Township Authority. If, in the opinion of East Cocalico Township Authority, such discharges are causing or will cause damage to the sewerage system and/or sewage treatment plant, East Cocalico Township Authority shall order the person causing such discharge to cease doing so forthwith, or to take other appropriate action, as may be required by East Cocalico Township Authority, to eliminate the harmful discharge.

Nothing contained in this Part 3A shall be construed as prohibiting any special agreement or arrangement between East Cocalico Township Authority and any person whereby industrial wastes of unusual strength or character may be admitted into the sewerage system, either before or after pretreatment.

Drainage of Swimming Pools. Filter backwash lines shall be discharged to the sewerage system as follows:

Sand filter backwash may be discharged directly to the sewerage system.

Diatomaceous earth filter backwash shall be connected to the sewerage system through settling tanks with a minimum of three months storage capacity for spent diatomaceous earth. The tanks shall be readily accessible for removing solid waste for disposal.

Disposal of Tank Truck Waste.

Waste discharged into the sewerage system by tank trucks shall not contain industrial waste, chemicals or other matter, with or without pretreatment, that does not conform to the requirements of Subsection 1 of this section.

Any waste to be discharged from tank trucks shall be disposed at the location and at the time or times designated and at the rate or rates of discharge fixed by East Cocalico Township Authority.

Interceptors. Grease, oil and sand interceptors or traps shall be provided when required by East Cocalico Township Authority, for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved in writing by East Cocalico Township Authority and shall be located as to be readily and easily accessible for cleaning and inspection.

Garbage Grinders. The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water shall be permitted. However, no such mechanical garbage grinder to serve premises used for commercial purposes shall be installed until permission for such installation is obtained in writing from East Cocalico Township Authority.

Pretreatment Requirements.

Users shall design, construct, operate and maintain wastewater pretreatment facilities whenever necessary to reduce or modify the user's wastewater to achieve compliance with this Part 3A. The review or approval of pretreatment facility plans, specifications and operating procedures by East Cocalico Township Authority or its consulting engineer shall not excuse or mitigate any violations by the user of this Part 3A or any Federal, State or local requirements.

When required by East Cocalico Township Authority to provide pretreatment facilities, no construction of such facilities shall commence until:

(1)

Construction drawings, specifications and other pertinent information relating to the proposed facilities are submitted to East Cocalico Township Authority.

(2)

East Cocalico Township Authority provides written approval for the construction of the proposed facilities.

When approved by East Cocalico Township Authority and placed in operation, pretreatment facilities shall be continuously maintained in satisfactory and effective operation by the user, at his own expense. East Cocalico Township Authority shall have the right to inspect said facilities at any reasonable time to insure such are being properly maintained and operated in accordance with the requirements of East Cocalico Township Authority.

Flow Equalization. East Cocalico Township Authority may require users having large variations in the rate of waste discharge to install suitable regulating devices for equalizing flows to the sewerage system.

§ 18-304 Administration.

[Ord. 42, 7/12/1984, § 4]

Industrial Waste Discharge Permit.

General. All industrial users connected or proposing to connect to the sewerage system shall obtain an industrial waste discharge permit.

Permit Application. Users required to obtain an industrial waste discharge permit shall complete and file with East Cocalico Township Authority, an application in the form prescribed, and accompanied by a fee set by Authority from time to time. Existing users shall apply for an industrial waste discharge permit within 60 days after the effective date of this Part 3A. New users shall apply at least 90 days prior to the anticipated date for connecting to the sewerage system. In support of the application, the user shall submit information as required from time to time by Authority.

Permit Conditions. Industrial waste discharge permits shall be expressly subject to all provisions of this Subpart and all other applicable policies, rates, rules and regulations, user charges and fees established by Authority.

Procedures. The procedure to be followed by East Cocalico Township Authority in acting on industrial waste discharge permit applications shall be as set from time to time by Authority. Authority shall notify the applicant in writing:

(1)

The wastewater proposed to be discharged is acceptable and a permit will be issued by East Cocalico Township Authority.

(2)

The wastewater proposed to be discharged is unacceptable and the reason, citing provisions of this Subpart.

(3)

The wastewater proposed to be discharged will be acceptable provided certain action is taken and maintained by the applicant, specifying the terms and conditions thereof.

(4)

East Cocalico Township Authority requires further information, studies or tests, specifying the requirements thereof, before it can determine whether the proposed discharge is or is not acceptable.

Permit Duration. A permit shall be issued for such time period as set by Authority. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of an existing permit. The terms and conditions of the permit shall be subject to modification by East Cocalico Township Authority during the term of the permit as limitations or requirements are changed generally by Authority or other just cause occurs. The user shall be informed of any proposed changes in such manner and at such times as set by Authority. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Waste Characteristic Change. Any owner of an improved property who is discharging industrial waste into the sewerage system and who contemplates a change in the method of operation or in the pretreatment facilities which will alter the type of industrial waste then being discharged into the sewage system shall apply for a new industrial waste discharge permit at least 60 days prior to such change. The revised industrial waste discharge permit will be subject to a fee set by Authority from time to time. Approval or disapproval of a modified permit shall be regulated by the procedures established for the issuance of an original permit.

Separation of Wastes. In the case of complete separation of domestic sewerage from industrial waste within an industrial establishment, with the domestic wastes only discharged to the sanitary sewer, no discharge permit fee shall be imposed on that portion of the wastes going to the sanitary sewer.

Reporting Requirements for Permittee. Each industrial waste permittee shall submit to East Cocalico Township Authority 10 days prior to the first day of March, June, September and December an industrial waste contribution report (in such number of copies fixed by Authority). The report shall be on a form provided by East Cocalico Township Authority and shall indicate the nature and concentration of pollutants in the industrial waste effluent. The waste characteristics shall be based on the results of analysis of the waste performed by a certified independent laboratory. The report shall also include a record of all daily flows which, during the reporting period, exceeded the average daily flow fixed by Authority from time to time. At the discretion of East Cocalico Township Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., East Cocalico Township Authority is authorized hereby to alter the months during which the above reports are to be submitted.

Sampling, Flow Measurement, Testing and Inspection.

Any industrial waste user whose property is serviced by a sewer shall install at his expense a suitable control manhole together with such necessary meters and other appurtenances in the sewer to provide for inspection, sampling and measurement of the waste. The control manhole should normally be situated on the user's premises, but Authority is hereby authorized when such a location would be impractical or cause undue hardship on the user, to allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles upon securing prior written approval of this Township.

There shall be ample room in or near the control manhole to allow accurate sampling and preparation of samples for analysis. The control manhole, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Construction of the control manhole shall be completed within 90 days following notification by Authority.

Users discharging industrial waste to the sewerage system shall provide East Cocalico Township Authority and its representatives the opportunity of access at any time, upon reasonable notice, to any property served by the sewerage system as shall be required for purposes of inspection, measurement, sampling, testing and records examination to ascertain whether the purpose of this Subpart is being met and all requirements are being complied with, and for performance of other functions relating to service rendered by East Cocalico Township Authority. East Cocalico Township Authority shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations.

In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this Subpart shall be determined in accordance with the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association.

The costs of all sampling, testing, inspection and other monitoring activities incurred by East Cocalico Township Authority while enforcing the provisions of this Part 3A shall be reimbursed by the respective user.

§ 18-305 Enforcement.

[Ord. 42, 7/12/1984, § 5]

Harmful Contributions.

East Cocalico Township Authority may suspend wastewater treatment service and/or an industrial waste discharge permit when such suspension is necessary, in the opinion of East Cocalico Township Authority, in order to stop an actual or threatened discharge which presents an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the sewerage system or causes East Cocalico Township Authority or Borough to violate any condition of the NPDES permit.

Any person notified of a suspension of wastewater treatment service and/or an industrial waste discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, East Cocalico Township Authority shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the sewerage system or endangerment to any individuals. East Cocalico Township Authority shall reinstate the industrial waste discharge permit and/or wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted by the user to East Cocalico Township Authority within 15 days following the date of each such occurrence.

Revocation of Permit.

Any user who violates any one of the following conditions is subject to having his permit revoked in accordance with the procedures of this section of this Part 3A:

(1)

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

(2)

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

(3)

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

(4)

Violation of conditions of the permit.

If a permit is revoked, East Cocalico Township Authority may take any steps it deems advisable, including severance of the sewer connection, to promote compliance with this Part 3A.

Legal Action. If any person discharges sewage, industrial wastes or other wastes into the sewerage system contrary to the provisions of this Part 3A, or any order of East Cocalico Township Authority, the Township of West Cocalico Solicitor may commence, at the expense of East Cocalico Township Authority, an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Lancaster County.

Settlements. Nothing in this Part 3A shall be construed to limit or deny the right of Township of West Cocalico and/or East Cocalico Township Authority or any other person to such equitable or other remedies as may otherwise be available with or without process of law, including payment of damages to Township of West Cocalico and/or East Cocalico Township Authority by any person causing damage or injury to the sewer system. Any person who causes harm or damage to the sewerage system as a result of a violation of this Part 3A shall be liable to East Cocalico Township Authority for the full costs of such harm or damage, including, but not limited to, all attorney fees of Authority.

§ 18-306 Surcharges.

[Ord. 42, 7/12/1984, § 6]

General. Discharges containing concentrations of BOD and/or suspended solids in excess of 250 mg/l shall be subject to a surcharge.

Fixing Surcharges and Penalties. Authority is hereby authorized and directed to set, from time to time, as part of its policies, rate, rules and regulations surcharges, penalties, penalty surcharges and/or the like for those discharges which are subject to a surcharge as set forth in Subsection 1 of this section. Such may provide greater impositions for worse concentrations and need not be proportionate.

§ 18-307 Responsibility of Owners of Improved Property.

[Ord. 42, 7/12/1984, § 7]

The owner of each improved property connected to the sewerage system shall be responsible for all acts of tenants or other occupants of such improved property insofar as such acts shall be governed by provisions of this Part 3A.

§ 18-308 Administration.

[Ord. 42, 7/12/1984, § 8]

Administration of this Part 3A is hereby delegated to and vested in East Cocalico Township Authority with all the necessary authority and delegation thereof so that such Authority may fully and completely administer this Subpart in order to provide efficient and economic administration and to protect Authority's sewerage system.

B Ephrata Area Wastewater Treatment Facilities.

§ 18-311 General Provisions.

[Ord. 90, 5/7/1998, § 1]

Purpose and Policy.

This Part 3B sets forth uniform requirements for direct and indirect contributors into the West Cocalico Township Authority wastewater collection system ("collection system"), the Wastewater interceptor systems, and the wastewater treatment facilities operated by the enforcement authority (collectively the "wastewater system") and these provisions assist West Cocalico Township, the Authority and the enforcement authority in complying with all applicable State and Federal laws including, but not limited to, the Clean Water Act of 1977, 33 U.S.C. § 1251 et seq., and the Federal General Pretreatment Regulations, 40 CFR § 403. The objectives of these provisions are:

(1)

To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the wastewater system or contaminate the resulting sludges and biosolids.

(2)

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

(3)

To help protect both personnel who work at the wastewater system and to help protect the public from unnecessary biological or chemical hazards.

(4)

To improve the opportunity to recycle and reclaim wastewater, sludge and biosolids from the wastewater system.

(5)

To provide for fees and surcharges for equitable distribution of the cost of the wastewater system and the cost of operation of the wastewater system.

(6)

To enable the enforcement authority to comply with its National Pollution Discharge Elimination System permit conditions, sludge use, biosolids use and disposal requirements, and any other Federal or State laws to which the wastewater system are subject.

(7)

To provide a database for future facility designs and operation work.

This Part 3B defines certain terms and provides for the regulation of direct and indirect contributors to the wastewater system through the issuance of permits to certain non-domestic users.

(1)

Through enforcement of general requirements for the other users.

(2)

Authorizes monitoring, inspection, and enforcement activities.

(3)

Requires user testing and reporting.

(4)

Provides for the setting of fees for the equitable distribution of costs resulting from the treatment of nondomestic wastewater and of the costs resulting from the program established herein.

This Part 3B and fees shall apply to all users of the wastewater system.

This Part 3B establishes fines and penalties for noncompliance with the Part 3B and further establishes additional provisions for corrective action in cases of such noncompliance.

Title. The title of this Part 3B shall be "Township of West Cocalico Ordinance Governing Admission of Industrial/Commercial Wastes Into the Ephrata Area Wastewater Treatment Facilities."

Enforcement Authority. West Cocalico Township hereby expressly designates and authorizes Ephrata Borough to serve as "enforcement authority" as defined in this Part 3B. Administration of this Part 3B is hereby delegated to and vested in enforcement authority with all the necessary authority and delegation thereof so that such enforcement authority may fully and completely administer this Part 3B in order to provide efficient and economic administration and to protect the POTW and the Authority's collection system.

§ 18-312 Definitions.

[Ord. 90, 5/7/1998, § 2]

Scope. The following words, terms and phrases when used in this Part 3B shall have the meaning described in this section, except where the context specifically indicates otherwise. Whenever there is a conflict between any definitions found in a Township ordinance, law, or West Cocalico Township Authority general sewer rates, rules and regulations and this Part 3B, the definition containing the strictest requirements, construed as in favor of the enforcement authority, West Cocalico Township, and/or the Authority, shall apply.

ACT 537

The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, 35 P.S. § 750.1 et seq., as amended from time to time.

ACT or THE ACT

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

APPROVAL AUTHORITY

The Regional Administrator of the EPA.

AUTHORITY

The West Cocalico Township Authority, Lancaster County, Pennsylvania, a municipal authority of the Commonwealth; as well as the duly qualified and acting members of the Board thereof, or its authorized deputy, agent, manager, delegate or representative, a body politic and corporate, created pursuant to the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, as amended, 53 P.S. § 301 et seq.

AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL/COMMERCIAL USER

An authorized representative of an industrial/commercial user may be:

For a Corporation. A responsible corporate officer of the level of president, vice-president, secretary or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation.

Alternatively, for a Corporation. The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

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

For a Federal, State, or Local Government. A director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility.

A duly authorized representative of the individual designated above if (a) the authorization is made in writing by the individual or, (b) the authorization specifies either an individual or position having responsibility for the overall operation of the facilities from which the indirect discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and (c) the written authorization is submitted to the enforcement authority.

AVERAGE DAILY FLOW

A measurement of wastewater flow calculated by dividing the total wastewater flow under consideration for the 30 days immediately preceding the date of calculation by the number 30.

BIOSOLIDS

Nutrient-rich organic material resulting from the reclamation of wastewater.

BOD (BIOCHEMICAL OXYGEN DEMAND)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, for five days at 20° C. usually expressed as a concentration in milligrams per liter (mg/l). The standard laboratory procedure shall be that found in the latest E.P.A. approved edition of Standard Methods, published by the American Public Health Association, et al.

BYPASS

The intentional diversion of waste streams from any portion of an industrial/commercial user's treatment facility.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by E.P.A. in accordance with § 307(b) and (c) of the Act, 33 U.S.C. § 1317, which apply to a specific category of users and which appear in 40 CFR, Chapter I, Subchapter N, Parts 405-471.

COLLECTION SYSTEM

All of the wastewater collection facilities constructed or to be constructed, owned and operated by West Cocalico Township Authority, which conveys wastewater toward the facilities, not limited to, sewers, interceptors, force mains, metering devices, pumping stations and other appurtenances.

COMPOSITE WASTEWATER SAMPLE

A combination of individual samples of water or wastewater collected at selected intervals, generally hourly for some specific period, to minimize the effect of the variability of the individual sample. Individual samples may have equal volume or may be roughly proportioned to the flow at the time of sampling.

CONTROL AGENCIES

The DEP, EPA and any and all governmental agencies, including the enforcement authority and/or the Authority, who have a right to control treatment, transportation and disposal of wastewater.

COOLING WATER

The water discharged from any recirculating, evaporative type cooling tower system or evaporative cooling pond for any use such as air-conditioning, refrigeration, process cooling system, or combination cooling and process air scrubbing water system, and in which the makeup water impurity concentrations have been elevated due to evaporation, and/or to which antiscaling chemicals, corrosion inhibition chemicals, and/or EPA approved antimicrobial chemicals have been added.

DEP

The Department of Environmental Protection of the Commonwealth or any successor thereto.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the Waters of the Commonwealth.

DISSOLVED SOLIDS

The anhydrous residues of the dissolved constituents in water or wastewater as determined by the standard laboratory procedure set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, et al.

ENFORCEMENT AUTHORITY

Person or entity designated by West Cocalico Township and West Cocalico Township Authority to administer and enforce this Part 3B.

ENVIRONMENTAL PROTECTION AGENCY or EPA

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

EXISTING SOURCE

Any source of discharge, the construction or operation of which commences prior to the publication by E.P.A. of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.

FACILITIES

Plant No. 1, Plant No. 2 and the Interceptor, collectively, together with all capital additions.

GARBAGE

The animal and vegetable solid waste resulting from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage, and sale of produce.

GRAB SAMPLE

A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

GROUND WATER

Water which is contained in or passing through the ground.

HOLDING TANK WASTE

Any waste from tank trucks, pump trucks, holding tanks, septic tanks, chemical toilets, campers, trailers or similar devices delivering waste of a sanitary and/or domestic origin.

IMPROVED PROPERTY

Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary wastewater and/or industrial wastewater shall be or may be discharged.

INDIRECT DISCHARGE

The introduction of pollutants into the POTW from any non-domestic source regulated under § 307 (b), (c) or (d) of the Act.

INDUSTRIAL PRETREATMENT PROGRAM

A program administered by the owner of the POTW that meets the criteria established in 40 CFR §§ 403.8 and 403.9, and which has been approved by a regional administrator or State director in accordance with 40 CFR § 403.11 and which has been approved by the enforcement authority.

INDUSTRIAL USERS AND INDUSTRIAL/COMMERCIAL USERS

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

INDUSTRIAL WASTE/INDUSTRIAL WASTEWATER

Solid, liquid or gaseous substances, water borne waste or form of energy discharged or escaping in the course of any industrial, manufacturing, trade, or business process or in the course of development, recovering or processing of natural resources, but not sanitary wastewater. Including any and all wastes, other than sanitary wastewater, discharged from industrial establishments, certain commercial establishments, including, but not limited to, hospitals and restaurants, and other similar business or institutional activities, and additionally in any other respects as such term is defined in the Pennsylvania Clean Streams Law, Act of June 22, 1937, as amended, 35 P.S. § 691.1 et seq., (the "Clean Streams Law").

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE, LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERCEPTOR

The interceptor sewer owned by the Ephrata Authority and leased to the Ephrata Borough commencing at a point of connection with Denver's collection system and extending in and through portions of the Townships of Ephrata and West Cocalico and Ephrata Borough, discharging at Plant No. 2 and continuing further to terminate at Plant No. 1, including the Mission Pumping Station and appurtenant facilities. This interceptor is a gravity main to the Mission Pumping Station and is a force main from such Pumping Station to Plant No. 1.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes and/or biosolids processes, use or disposal; and therefore, is a cause of:

A violation of any requirement of the NPDES permit (including an increase in the magnitude or duration of a violation).

The prevention of sludge and/or biosolids use or disposal by the POTW in accordance with § 405 of the Act, or any criteria, guidelines, or regulations developed pursuant to the Solids Waste Disposal Act (SWDA) including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection, Research and Sanctuaries Act, or more stringent State criteria, including those contained in any State Sludge management plan prepared pursuant to Title IV (Subtitle D) of SWDA applicable to the method of disposal or use employed by the POTW.

INTERMUNICIPAL GROUP (or the "IMG")

The committee made up of appointees of the municipalities which are parties to the sewer service agreement dated November 1, 1995, (or as may be amended from time to time), with respect to the Ephrata Borough Wastewater Facilities, established pursuant to § 2.06 of that agreement.

MANHOLE

A structure leading from the surface of the ground to a sewer, permitting access to the sewer.

Mg/l

Milligrams per liter.

MGD

A million gallons per day, based on average daily flow.

MUNICIPAL OWNER

The municipality that owns any portion of any collection system that may be used for the conveyance of sanitary wastewater and/or industrial wastewater from a user.

MUNICIPALITY

Any county, county authority, municipal authority, city, borough, Township, or school district, or any general purpose unit of local government.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act, 33 U.S.C. § 1317, which applies to a specific category of industrial users and which appears in 40 CFR, Chapter I, Subchapter N, §§ 405-471. (Same as "categorical pretreatment standard" or "categorical standard.")

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT

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

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

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

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section provided that:

(1)

The building, structure, facility or installation is constructed at a site at which no other source is located.

(2)

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.

(3)

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subparagraph (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.

Construction of a new source as defined under this subsection has commenced if the owner or operator has:

(1)

Begun, or caused to begin as part of a continuous on-site construction program:

(a)

Any placement, assembly, or installation of facilities or equipment.

(b)

Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for placement, assembly or installation of new source facilities or equipment.

(2)

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts of feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.

NEW USER

A new connection generating a new wastewater flow and/or an existing consumer and point of connection that is one or more of the following:

Applying for an increase in building size or sewer usage by way of land development approval or planning module approval or application for reserved sewer capacity.

An existing consumer at an existing point of connection or a new point of connection who is or is not expanding or modifying their building but who is expanding, changing or intensifying the use of their property in such a way as to add residential dwelling units or commercial or industrial establishments or portions thereof or change or intensify the use of the property served by the POTW.

An existing consumer at an existing point of connection who is not expanding their building or changing their usage but is generating a substantial increase in flow, with their existing facilities.

NONCONTACT COOLING WATER

Water used or cooling to which the only pollutant added is heat and which does not come into direct contact with any raw material, chemicals added for scale and corrosion inhibition, antimicrobial chemicals, intermediate product, waste product, or finished product.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of an improved property.

PASS THROUGH

A discharge which exits the POTW into the waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of any applicable NPDES permit (including an increase in the magnitude and duration of violation).

PEAK FLOW

Any flow which exceeds 1.7 times the average daily flow.

PERSON

The reciprocal of the logarithm, Base 10, of the hydrogen ion concentration, and is used as an indicator of the acidity or alkalinity of a solution, expressed in standard units.

PLANT

Plant No. 1 or Plant No. 2, as applicable.

PLANT NO. 1

The sewage treatment plant and facilities, located in Ephrata Borough, owned by Ephrata Authority and operated by Ephrata Borough, together with any capital additions thereto.

PLANT NO. 2

The sewage treatment plant and facilities located in Ephrata Township, owned by Ephrata Authority, and operated by Ephrata Borough, together with any capital additions thereto.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, biosolids, munitions, filter backwash, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste and certain characteristics of wastewater (e.g., pH, temperature, SS, turbidity, color, BOD, COD, toxicity, or odor).

POLLUTION

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

POTW

See "publicly-owned treatment works."

POTW TREATMENT PLANT

Portion of the POTW designed to provide treatment of wastewater.

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into the facilities and/or a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENTS

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

PRETREATMENT STANDARDS or STANDARDS

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

PUBLICLY OWNED TREATMENT WORKS or POTW

A "treatment works" as defined by § 212 of the Act, 33 U.S.C. § 1292, which are owned by the Ephrata Borough or the Ephrata Borough Authority or a municipal owner. This definition includes any devices and systems used in the collection, transfer, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature. It also includes pipes, sewers, and other conveyances only if they convey wastewater to a POTW treatment plant.

REQUIREMENT(S)

Any and all local, State and Federal laws, case law, statutes, regulations (including, but not limited to, this Part 3B), rules, guidelines, policies, permits, approvals, and other standards or requirements of control agencies, as amended and/or changed.

SANITARY SEWER

A sewer which carries sanitary wastewater and/or authorized industrial/commercial wastes and to which storm, surface, and ground waters are not intentionally admitted.

SANITARY WASTEWATER

All normal water-carried household and toilet waste from kitchens, water closets, lavatories, laundries and bathrooms, especially, but not limited to, wastes typical to households, from sanitary conveniences wherever located or existing.

SEPTIC TANK WASTE

Waste from a settling tank in which settled sludge is in immediate contact with the wastewater flowing through the tank and the organic solids are decomposed by anaerobic bacterial action.

SEWAGE

All water-carried waste defined as sewage in Act 537, including sanitary wastewater and industrial wastewater.

SEWER

A pipe or conduit for carrying sanitary wastewater, or authorized industrial wastewater.

SEWER SERVICE AGREEMENT (or the "AGREEMENT")

The intermunicipal agreement dated November 1, 1995, setting forth the provisions for providing conveyance and treatment of sanitary wastewater and industrial wastewater by the Borough of Ephrata and providing for the sharing of costs and responsibilities of the municipal owners, including the Borough of Ephrata and Ephrata Borough Authority for this conveyance and treatment.

SIGNIFICANT INDUSTRIAL USER (SIU)

A user subject to categorical pretreatment standards.

A user that:

(1)

Discharges an average of 25,000 gallons per day or more of process wastewater to the facilities and/or POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater).

(2)

Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of any individual POTW treatment plant.

(3)

Has in its wastes toxic pollutants as defined pursuant to § 307 of the Act or Pennsylvania statutes and rules.

(4)

Is designated as such by the enforcement authority, DEP, or the EPA on the basis that it has a reasonable potential for adversely affecting the Facilities operation and/or the POTW's operation or for violating any pretreatment standard or requirement.

Upon a finding that a user meeting the criteria in Subparagraph (2) has no reasonable potential for adversely affecting the facilities; and/or the POTW's operation or for violating any pretreatment standard or requirement, the enforcement authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

SIGNIFICANT NONCOMPLIANCE or SNC

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the wastewater measurements including laboratory analyses taken during a six-month period exceed the daily maximum limit or the average limit for the same pollutant parameter by any amount.

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the wastewater measurements including laboratory analyses for each pollutant parameter taken during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable factors listed herein. The TRC factors are listed as follows: 1.4 for BOD, SS, and fats, oils and grease, and 1.2 for all other pollutants except pH.

Any other discharge violation that the enforcement authority determines has caused, alone or in combination with other discharges, interference or pass through, or has endangered the health of POTW personnel or the general public.

Any discharge of a pollutant that has caused an imminent endangerment to the public or to the environment or has resulted in the enforcement authority's exercise of its emergency authority to halt or prevent such a discharge.

Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in an industrial waste discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.

Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules.

Failure to accurately report noncompliance.

Any other violation or group of violations which the enforcement authority determines will adversely affect the operation of the wastewater system or the implementation of the enforcement authority's pretreatment program.

SLUDGE

The accumulated solids separated from liquids, such as wastewater, during processing, and/or the precipitate resulting from coagulation or sedimentation of wastewater.

SLUG or SLUG LOAD

A discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards, including, but not limited to, an accidental spill or non-customary batch discharge.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the United States, Office of Management and Budget.

STANDARD METHODS

STATE

Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snow melt.

SUPERINTENDENT

The person(s) designated by the enforcement authority to supervise the operation of the facilities and who is charged with certain duties and responsibilities by this Part 3B, or his duly authorized representative.

SUSPENDED SOLIDS (SS)

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

TOTAL SOLIDS

The sum of dissolved and undissolved constituents in water or wastewater as determined by laboratory analysis in accordance with Standard Methods.

TOXIC SUBSTANCES

Any substance or combination of substances that: (1) is listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of § 307(a) of the Act, or other Acts, or (2) is present in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with the operation of the POTW including any wastewater treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in the POTW or in the receiving waters of the POTW.

UNAUTHORIZED WASTE

Any waste which is not in compliance with the provisions of this Part 3B, or which is discharged into the POTW by a person in violation of any provision contained in this Part 3B.

USER

A source of indirect discharge or wastewater into the POTW and/or any person who contributes, causes or permits contribution of discharge or wastewater into the POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER SYSTEM

The wastewater collection systems, pumping stations, interceptor systems and treatment plants, operated by the municipalities and/or their Authorities and which directs flow to the Ephrata Wastewater Treatment Plants.

WATERS OF THE COMMONWEALTH

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

Whenever the term "shall" is used in this Part 3B, it is mandatory; "may" is permissive.

Any other term used herein shall be defined by the definitions established in the following documents:

The West Cocalico Township Authority General Sewer Rates, Rules and Regulations, and if none appear there.

The Sewer Service Agreement, dated November 1, 1995, and if none appear there.

The Department of Environmental Protection of the Commonwealth of Pennsylvania Regulations and, if none appear there.

The U.S. Environmental Protection Agency Regulations.

Interpretations.

The words "hereof," "herein," "hereto," "hereby," and "hereunder" refer to this Part 3B.

Every "request," "requisition," "order," "demand," "application," "notice," "statement," "certification," "consent" or similar action hereunder shall, unless the form thereof is specifically provided, be in writing signed by a duly authorized officer of the person making, sending, issuing or publishing the item.

Words importing persons include firms, associations, corporations, and all parties hereto and all words imparting the singular number include the plural number and vice-versa.

Abbreviations. The following abbreviations shall have the designated meanings:

BOD

Biochemical oxygen demand.

CFR

United States Code of Federal Regulations.

COD

Chemical oxygen demand.

DEP

Department of Environmental Protection.

EPA

United States Environmental Protection Agency.

GPD

Gallons per day.

liter.

milligrams.

mg/l

milligrams per liter.

MGD

million gallons per day.

NPDES

National Pollutant Discharge Elimination System.

POTW

Publicly owned treatment works.

SIC

Standard Industrial Classification.

suspended solids.

SWDA

Solid Waste Disposal Act, 42 U.S.C. § 6091 et seq.

USC

United States Code.

§ 18-313 Regulations.

[Ord. 90, 5/7/1998, § 3; as amended by Ord. 93, 9/13/1999, §§ 1, 2]

General Prohibitions.

No user shall introduce or cause to be introduced, directly or indirectly, into the POTW any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW. These general prohibitions apply to all users of the POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other National, State, or local pretreatment standards or requirements.

No user shall introduce or cause to be introduced, directly or indirectly, any stormwater, surface water, spring water, ground water, roof runoff, subsurface drainage, building foundation drainage, or cellar drainage, into the POTW.

No user shall introduce or cause to be introduced, directly or indirectly, into the POTW any of the following pollutants, substances, or wastewater:

(1)

Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or their operating personnel, or to the operation of the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR § 261.21. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading be over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to: gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, paint products, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substances which the enforcement authority, the State or EPA has notified the user is a fire hazard or a hazard to the POTW.

(2)

Wastewater having a stabilized pH, as defined in Subsection 3.D, Table 18-3B-1, or wastewater having any other corrosive or scale forming property capable of causing damage or hazard to structures, equipment, biological and/or bacterial action or, damages to processes, and/or injury to personnel of the POTW.

(3)

Any solids or viscous substances which may cause obstruction to the flow in a sewer or collection system or other interference with the operation of the POTW such as, but not limited to, fats, oils and grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, cotton, wool, plastics, gasoline, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, glass grinding or polishing wastes, bentonite, lye, building materials, rubber, leather, porcelain, china, ceramic wastes, polishing wastes, or other solid or viscous substances capable of causing obstruction or other interference with the operation of the POTW.

(4)

Pollutants, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

(5)

Wastewater having a temperature at the point of user discharge higher than 150° F., or any wastewater which will inhibit biological activity at the POTW(s) but in no case may wastewater which causes the temperature at the influent of the POTW to exceed 104° F. (40° C.), or is less than 32° F. (0° C.).

(6)

Containing any petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.

(7)

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(8)

Trucked or hauled pollutants, except at discharge points and except using procedures as approved by the enforcement authority, in accordance with this Part 3B.

(9)

Noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance, or to prevent entry into the POTW for maintenance and repair, or that may cause acute worker health and safety problems.

(10)

Liquids, gases or solids which impart color which cannot be removed by normal methods or the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the POTW's effluent, thereby violating the NPDES permit. Color (in combination with turbidity) shall not cause the POTW effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10% from the seasonably established norm for aquatic life.

(11)

Any radioactive materials or isotopes of such half-life or concentration as may exceed applicable local, State or Federal regulations.

(12)

Stormwater, surface water, spring water, contaminated or uncontaminated ground water, artesian well water, remediated contaminated groundwater, roof runoff, subsurface drainage, building foundation drainage, or cellar drainage.

(13)

Any toxic substances in sufficient quantity which, either singly or by interaction with other wastewater or pollutants, may injure or interfere with any wastewater treatment process, may constitute a hazard to humans or animals, or may create a toxic effect in the receiving waters of the POTW.

(14)

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludge, biosolids, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge and/or biosolids recycling or disposal criteria 40 CFR § 503, guidelines or regulations developed under § 405 of The Act; any criteria, guidelines or regulations affecting sludge and/or biosolids use or disposal developed pursuant to the SWDA, the Clean Air Act, the Toxic Substance Control Act or State criteria applicable to the sludge and/or biosolids management method being used.

(15)

Any substance which will pass through and as a result cause the POTW(s) to violate its NPDES permit or its DEP permit or the receiving stream's water quality standards.

(16)

Any lagoon wastes.

(17)

Wastewater of such character and quantity that unusual attention or expense is required to handle such materials in the POTW, as determined by the enforcement authority, or in the case of the portions of the POTW owned by municipal owners or as determined by the municipal owner of an applicable collection system.

(18)

Any wastewater of such character and quantity that unusual attention or expense is required to handle it at the facilities, except as may be subject to a "surcharge" and approved by the enforcement authority.

(19)

Any waste listed as hazardous or having the characteristics of hazardous waste as listed in 40 CFR § 261.

No user shall introduce or cause to be introduced, whole blood directly or indirectly, into the POTW unless specifically authorized by the enforcement authority.

Such authorization shall be limited to a maximum of 12 gallons per day allowable flow from any user.

Such authorization shall be by way of a permit condition for those users that require industrial waste discharge permits (i.e., major or minor industrial users) or by way of written letter of authorization for permit exempt industrial users.

No user shall introduce or cause to be introduced boiler blow-down directly or indirectly, into the POTW unless specifically authorized by the enforcement authority. Such authorization shall be limited to only those users that can demonstrate to the enforcement authority that their boiler blow-down will not cause a violation of any discharge criteria listed in this Part 3B, including, but not limited to, temperature and pH criteria. Such authorization shall be by way of permit conditions for those users that require industrial waste discharge permits (i.e., major or minor industrial users) or by way of written letter of authorization for permit exempt industrial users.

No user shall introduce or cause to be introduced noncontaminated and/or noncontact cooling or process water and/or condensate into the POTW unless specifically authorized by the enforcement authority. Such authorization shall be limited to a maximum of 1/4 gallon per minute or 360 gallons per day allowable flow from any user. Such authorization shall be by way of a permit condition for those users that require industrial waste discharge permits (i.e., major or minor industrial users) or by way of written letter of authorization for permit exempt industrial users.

National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR, Chapter I, Subchapter N, Parts 405-471, are hereby incorporated.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the enforcement authority may impose equivalent concentration or mass limits in accordance with 40 CFR § 403.6(c).

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the enforcement authority shall impose an alternate limit using the combined wastestream formula in 40 CFR § 403.6(e).

A user may obtain an EPA variance from a categorical pretreatment standard if the industrial user can prove, pursuant to the procedural and substantive provisions in 40 CFR § 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

An industrial user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR § 403.15.

Local Limits.

Local limits on the concentration of special pollutants are hereby established for all industrial users as listed in Table 18-3B-1 in this section. These limits are established in accordance with 40 CFR § 403.5(C).

The enforcement authority reserves the right to establish alternate special pollutant discharge limitations in individual industrial waste discharge permits, but only in accordance with regulatory requirements. At no time will the summation of the industrial users' discharges be greater than the allowable industrial headworks loading as defined in 40 CFR Part 403. The specific pollutant discharge limitations, if more stringent than the National Categorical Pretreatment Standard shall immediately supersede that National Categorical Pretreatment Standard. To the extent that any Federal or State requirements and limitations on discharges are more stringent than the local limits, the most stringent requirement and limitations shall apply.

The pollutant concentrations shall be measured in a representative sample collected at the point of discharge of the industrial user to a public collection system. The concentrations shall be based on a twenty-four-hour composite wastewater sample, except however, for certain pollutants the industrial user may request and the enforcement authority may allow that this concentration be determined by analyses of grab sample. Certain pollutants such as temperature and grease must be determined on the basis of a grab sample (see § 18-316.10). Any sampling criteria shall be described in the industrial waste discharge permit.

Table 18-3B-1 Maximum Allowable Monthly Average Concentration** Local Limit (mg/l)
	Service Area
Pollutant (Total)	WWTP #1	WWTP #2
Arsenic	0.03	0.007
Cadmium	0.02	0.08
Chromium (Hex)	0.03	0.97
Chromium (Total)	1.75	—
Copper	0.46	1.94
Lead	0.13	0.56
Mercury	0.0003	0.0015
Molybdenum	0.093	0.31
Nickel	0.57	2.12
Oil and Grease	100	100
Selenium	0.03	0.27
Silver	0.67	—
Zinc	0.85	3.63
pH*	Standard Units 6.0-9.0
*pH is expressed as an upper and lower limit-not a maximum allowable concentration.
**Daily maximum limit is two times the monthly average limit.

If the pollutant concentrations or loads in excess of those specified in this Part 3B are discharged, or are proposed to be discharged to the POTW, or which in the judgment of the enforcement authority, pollutant concentrations and/or loads may have a deleterious effect upon the POTW, the enforcement authority may do any or all of the following and/or take additional actions as may be provided herein upon giving notice to the industrial user and/or discharger:

(1)

Require, by way of informal notice, by telephone, to the industrial user, immediate discontinuance of the waste discharge until such time as it meets the requirements.

(2)

Reject the waste.

(3)

Require pretreatment to reduce characteristics to maximum limits permitted by this Part 3B.

(4)

Require control over the quantities and rates discharge.

In no circumstance shall an industrial user discharge or cause to be discharged into the POTW, any of the substances listed in Paragraph D above, without first filing an industrial waste discharge permit application and receiving written approval by the enforcement authority, as described in § 18-314, herein.

Whenever a person has received written authorization from the enforcement authority to discharge any polluted water, wastewater or industrial waste containing any of the substances or possessing any of the characteristics referred to in Subsection 2 and/or this subsection of this section, such discharge shall be subject to the continuing approval, inspection and review of the enforcement authority. The industrial user is also subject to the regulations of the Authority. If, in the opinion of the enforcement authority or if applicable, the Authority, such discharges are causing or will cause damage to the POTW, the enforcement authority, or if applicable, the Authority shall order the person causing such discharge to cease doing so forthwith, or take other appropriate action, as may be required by the enforcement authority or if applicable, the Authority, to eliminate the harmful discharge.

No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The enforcement authority may impose mass limitations on industrial users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

Pretreatment Requirements.

Industrial users shall design, construct, operate and maintain pretreatment facilities whenever necessary to reduce pollutant concentrations and/or amounts or industrial users shall modify their wastewater to achieve compliance with this Part 3B. The review or approval of pretreatment facility plans, specifications and operating procedures by the enforcement authority and its consulting engineer shall not excuse, mitigate or provide any defense to any violations by the industrial user, of this Part 3B or any Federal, State or local requirements.

The construction of required pretreatment facilities shall be accomplished in accordance with a responsible completion schedule prepared by the industrial user and approved by the enforcement authority. If, in the opinion of the enforcement authority, the schedule prepared by the industrial user is not reasonable, a completion schedule shall be established by the enforcement authority.

Any industrial user required by the enforcement authority to provide pretreatment facilities, or desiring to, or required to modify existing pretreatment facilities shall not commence construction or modifications of such pretreatment facilities until:

(1)

Construction drawings, specifications, completion schedule and other pertinent information relating to the proposed facilities have been submitted to the enforcement authority.

(2)

The enforcement authority provides written approval for the construction of the proposed facilities.

When approved in writing by the enforcement authority and placed in operation, pretreatment facilities shall be continuously maintained in satisfactory and effective operation by the industrial user, at his sole expense. The enforcement authority shall have the right to inspect said pretreatment facilities at any reasonable time to insure such are being properly maintained and operated.

Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

Accidental Discharge/Slug Load Control Plans. At least once every two years, the enforcement authority shall evaluate which industrial waste discharge permit holders need an accidental discharge/slug control plan. The enforcement authority may require any industrial user to develop, submit for approval, and implement such a plan. Alternatively, the enforcement authority may develop such a plan for any industrial user. An accidental discharge/slug control plan shall address, at a minimum, the following:

Description of discharge practices, including non-routine batch discharges.

Description of stored chemicals.

Procedures for immediately notifying the enforcement authority of any accidental or slug discharge.

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

Miscellaneous Regulations.

Drainage of Swimming Pools. Filter backwash lines shall be discharged to the POTW as follows:

(1)

Sand filter backwash may be discharged directly to the POTW.

(2)

Diatomaceous earth filter backwash shall be prohibited from discharge to the POTW.

Fats, Grease, Oil or Sand Traps. Fats, grease, oil, or sand traps shall be installed by the industrial user when, in the opinion of the enforcement authority, and/or in the opinion of Authority they are necessary for the proper handling of liquid wastes containing floatable grease in such amounts as are likely to cause obstruction to the flow in a sewer or collection system or other interference with the operation of the POTW, or are necessary for the proper handling of any flammable waste, sand, or other harmful ingredients. Such traps shall not be required for private living quarters or dwelling units. All such traps shall be of a type and capacity acceptable to the enforcement authority and/or the Authority and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining the fats, grease, oil or sand traps, the industrial user and the owner(s) (if different persons) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the enforcement authority and/or the Authority. Any removal and hauling of the collected materials not performed by industrial user's and/or owner's personnel must be performed by currently licensed waste disposal firms.

Garbage Grinders. The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water shall be discouraged but may be permitted. However, no such mechanical garbage grinder to serve premises used for nonresidential purposes shall be installed until permission for such installation is obtained from the enforcement authority and the Authority. No garbage grinder shall be connected so as to discharge through a grease trap. Use of mechanical garbage grinders to serve commercial purposes may result in surcharges as described in § 18-315.

Flow Equalization. The enforcement authority and the Authority shall have the right to require industrial users having large variations in the rate or strength of waste discharged to install suitable regulating devices for equalizing flows and/or loads to the POTW.

Hauled Wastewater.

(1)

Septic tank waste may be introduced into a POTW only at locations designated by the enforcement authority, and at such times as are established by the enforcement authority. Such waste shall not violate this Part 3B, requirements, or any other rules established by the enforcement authority. The enforcement authority shall require septic tank waste haulers to obtain industrial waste discharge permits.

(2)

The enforcement authority shall require haulers of industrial waste to obtain industrial waste discharge permits and the enforcement authority may require generators of hauled industrial waste to obtain industrial waste discharge permits. The enforcement authority also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements and this Part 3B.

(3)

No load may be discharged without prior consent of the enforcement authority. Industrial waste haulers may discharge loads only at locations designated by the enforcement authority. The enforcement authority may collect samples of each hauled load to ensure compliance with applicable standards. The enforcement authority may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(4)

Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

§ 18-314 Administration.

[Ord. 90, 5/7/1998, § 4; as amended by Ord. 93, 9/13/1999, §§ 3, 4]

Industrial Waste Discharge Permit.

General.

(1)

All industrial users connected to and using the POTW or proposing to connect to and use the POTW including new users and new sources (as defined herein) shall apply to the enforcement authority for an industrial waste discharge permit. The industrial user is required to check with the Authority to make sure the Authority's general regulations are also followed.

(2)

Certain industrial users will be required to obtain industrial waste discharge permits. Certain small industrial users will be eligible for permit exemptions, as specifically set forth herein.

Permit Application. All industrial users or proposed industrial users shall complete and file with the enforcement authority, an application in the form prescribed, and accompanied by a permit application fee as may be established by the enforcement authority by resolution. Existing industrial users shall apply for an industrial waste discharge permit within 60 days after the effective date of this Part 3B. New users shall apply at least 90 days prior to the anticipated date for connecting to and/or using a collection system served by the facilities. In support of the application, the user shall submit the following information:

(1)

Name and address of industrial user and location of discharge, and (if different) the name and address of the owner of the improved property being served.

(2)

The name of the municipal owner proposed for the initial receipt of the proposed discharge of wastes.

(3)

Wastewater characteristics and their relationship to National Categorical Pretreatment Standards, and the local limits established by regulation. Sampling and analysis for this information shall be performed in accordance with techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or applicable techniques for the pollutant in question, sampling and analysis shall be performed in accordance with procedures approved by E.P.A.

(4)

Standard Industrial Classification (SIC) codes of wastewater characteristics.

(5)

Time and duration of industrial waste discharge.

(6)

Average daily and peak flow rates (including daily, monthly and seasonal variations if appropriate).

(7)

Site plans, floor plans, mechanical and plumbing plans, and details to show all Sewers, Sewer connections and appurtenances by size, location and elevation.

(8)

Description of process producing industrial waste.

(9)

Description of product and approximate rate of production.

(10)

Description of raw materials processed.

(11)

Number of employees, hours of operation, and projected hours of operation of pretreatment system (if applicable).

(12)

Additional information required by the enforcement authority as necessary to evaluate the permit application.

Application Signatories and Certification. All industrial waste discharge permit applications and industrial user reports must be signed by an authorized representative of the industrial user and contain the following certification 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 qualified 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."

Procedures. The procedure to be followed by the enforcement authority in acting on industrial waste discharge permit applications shall be as follows. Within 30 days of receipt of the application, the enforcement authority shall notify the applicant in writing by first class mail to the address appearing on the application.

(1)

The wastewater proposed to be discharged is acceptable and a permit will be issued by the enforcement authority upon receipt of a permit issuance fee as may be established by resolution.

(2)

Based upon the current facts as set forth in the application and accompanying data the applicant is currently exempt from permit and reporting requirements.

(3)

The wastewater proposed to be discharged is unacceptable.

(4)

The wastewater proposed to be discharged will be acceptable and a permit will be issued by the enforcement authority, provided certain action is taken and maintained by the applicant, specifying the terms and conditions thereof and upon receipt of a permit issuance fee as may be established by resolution.

(5)

The enforcement authority requires further information, studies or tests, specifying the requirements thereof, before it can determine whether the proposed discharge is or is not acceptable.

Permit Classification and Permit Waivers.

(1)

Industrial users shall be classified for the purposes of this Part 3B into one of three categories, as follows: major industrial user, minor industrial user, permit exempt industrial user.

(2)

Major industrial users are those industrial users that meet any of the following conditions:

(a)

Are significant industrial users (see definition).

(b)

Discharges more than 25,000 gpd of industrial wastewater.

(c)

Discharges more than 50 pounds per day of BOD.

(d)

Discharges more than 50 pounds per day of suspended solids.

(e)

Discharges more than 20 pounds per day of fats, oil, or grease.

(f)

Discharges more than three pounds per day of total phosphorus (P).

(g)

Discharges more than 10 pounds per day of ammonia nitrogen.

(3)

Minor industrial users are those industrial users that do not meet the criteria to be classified as either a "major industrial user" or a "permit exempt industrial user."

(4)

Permit exempt industrial users are those industrial users that meet all of the following criteria:

(a)

Discharges less than 2,500 gpd.

(b)

Discharges less than five pounds per day of BOD.

(c)

Discharges less than five pounds per day of SS.

(d)

Discharges less than two pounds per day of fats, oils and/or grease.

(e)

Discharges less than 0.3 pounds per day of total phosphorus (P).

(f)

Discharges less than one pound per day of ammonia nitrogen.

(5)

The enforcement authority will determine the classification of the industrial user based upon the information provided by the industrial waste discharge permit application and any other information available to the enforcement authority.

(6)

If the industrial user is determined by the enforcement authority to be a permit exempt industrial user, the industrial user shall be exempt only from the permit and annual or quarterly reporting requirements (Subsection 2), inspection manhole requirements (Subsection 3) and the surcharge payment requirements (§ 18-315) of this Part 3B. Permit exempt industrial users shall not be exempt from any other requirements.

(7)

If the industrial user is determined by the enforcement authority to be a minor industrial user, the industrial user shall be allowed to utilize the reduced reporting requirements specified in Subsection 2 herein.

(8)

If upon information received from the industrial users and/or available to the enforcement authority based upon on-site inspection, flow tests or wastewater sampling and testing, and/or available to the enforcement authority from other reliable sources, including, but not limited to, the Authority, the enforcement authority determines that an industrial user's classification should change then (in that event) the enforcement authority shall serve notice upon the industrial user of the proposed change(s), at least 30 days prior to the effective date of that change(s) and the industrial user, thereafter, shall be required to comply with all requirements imposed upon that revised classification of industrial user.

(9)

The flow and loading criteria set forth in this section shall be based on peak day conditions as estimated or measured.

Permit Conditions. Industrial waste discharge permits shall be issued subject to all provisions of this Part 3B and all other applicable requirements, user charges and surcharges (if applicable) and fees established. Permits shall include any or all of the following:

(1)

A statement that indicates industrial waste discharge permit duration, which in no event shall exceed five years.

(2)

A statement that the industrial waste discharge permit is nontransferable without prior notification to enforcement authority and municipal owner in accordance with Paragraph H of this section, and provisions for furnishing the new owner or operator with a copy of the existing industrial waste discharge permit.

(3)

The unit charge or schedule of user charges and/or surcharges for the wastewater to be discharged to the POTW.

(4)

Limits on the average and maximum wastewater characteristics.

(5)

Limits on average and maximum rates and time of discharge or requirements for flow regulation and equalization.

(6)

Requirements for installation and maintenance of inspection and sampling facilities.

(7)

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

(8)

Compliance schedules.

(9)

Requirements for submission of discharge reports.

(10)

Requirements for maintaining operating records relating to wastewater discharge and affording the enforcement authority and the Authority access thereto.

(11)

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW.

(12)

Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges.

(13)

Requirements for the development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

(14)

A statement that compliance with the industrial waste discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the industrial waste discharge permit.

(15)

Other conditions as deemed appropriate by the enforcement authority for individual permittees to ensure compliance with requirements.

(16)

A statement that the conditions of the permit incorporate this Part 3B, as amended from time to time, and a copy of this Part 3B, as of the date of the permit issuance shall be delivered with the permit, but the lack of delivery or receipt of this Part 3B shall not be considered a defect in the permit. The users and permittees have the availability of this Part 3B and amendment thereto at the enforcement authority and/or the Authority.

Permit Duration. An industrial waste discharge permit shall be issued for a specified time period, not to exceed five years or it may be issued to expire on a specific date. The industrial user shall apply in writing for permit reissuance a minimum of 180 days prior to the expiration of an existing permit. The terms and conditions of the permit shall be subject to modification by the enforcement authority during the term of the permit as limitations or requirements are modified or other just cause exists. The enforcement authority shall serve notice on the industrial user of that proposed change(s) at least 30 days prior to the effective date of that change(s). Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Permit Transfer. Industrial waste discharge permits are issued to a specific user for a specific operation. A permit may not be reassigned, transferred or sold to a new owner, new user, different premises or a new or changed operation, such as a new user, without the previous written approval of the enforcement authority. Any application for a permit transfer must include a written certification that the new user (or new owner, as applicable):

(1)

States that the user (or owner) has no immediate intent to change the facility's operations and processes.

(2)

Identifies the specific date on which the transfer is to occur.

(3)

Acknowledges full responsibility for complying with the existing industrial waste discharge permit.

Waste Characteristic Change. Any user or owner who is discharging industrial waste into the POTW and who contemplates a change in the method of operation or in the pretreatment facilities which will alter the type of industrial waste then being discharged into the POTW shall apply for a new industrial waste discharge permit at least 30 days prior to such change. The revised industrial waste discharge permit will be subject to a permit modification issuance fee as may be established by resolution. Approval or disapproval of a modified permit shall be regulated by the procedures established hereunder for the issuance of an original permit.

Separation of Wastes. Where the user can prove to the satisfaction of the enforcement authority that there is a complete separation of sanitary wastewaters from industrial wastes within an industrial establishment, with only the sanitary wastewater discharged to the POTW and submits a written certification thereof pursuant to Subsection 1.C, herein, no industrial waste discharge permit will be required.

Public Notification. The enforcement authority, at the expense of the applicant for an industrial waste discharge permit, shall publish a notice of intent to issue any initial or major modifications to an industrial waste discharge permit in a newspaper of general circulation, at least 14 days prior to issuance. The notice shall indicate a location where the application for the permit may be reviewed and an address where written comments may be submitted.

Permit Appeals. Upon receipt by the enforcement authority of written request from an interested party, the enforcement authority will provide the interested party with written notice of a final permit decision by first-class mail to the address provided by that party. Any person so notified, including the permittee, may appeal the terms of the industrial waste discharge permit, in writing, to the enforcement authority within 30 days of the date of notice of its issuance, subject to the following:

(1)

No appeal shall be considered complete unless accompanied by the appeal fee established by resolution.

(2)

Failure to submit a timely appeal shall be deemed to be a complete waiver of all rights which could have been included in the appeal.

(3)

The effectiveness of the industrial waste discharge permit shall not be stayed pending final decision on the appeal.

(4)

The appeal must be in writing and the person so appealing must state the grounds for their appeal. If the appellant is the permittee, the permittee shall indicate the provisions of the permit to which objection is made, the reasons for the objection, and the alternative conditions, if any, permittee seeks to be placed in the permit.

(5)

If the appellant desires a hearing on the appeal, the appellant must request a hearing in their appeal notice. Any hearing will be conducted in accordance with the provisions of Local Agency Law, 2 Pa.C.S.A. § 551 et seq.

(6)

The enforcement authority shall issue a written decision granting or denying the appeal, as appropriate. If, after reviewing the appeal and any evidence which may be presented, the enforcement authority determines that the appeal should be granted, the enforcement authority shall reissue the permit, as modified, or revoke the permit if the appeal requested revocation.

Appeals from all final determinations of the enforcement authority shall be made to Lancaster County Court of Common Pleas in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 751 et seq.

Industrial Waste Discharge Permit Modifications by the Enforcement Authority. The enforcement authority may modify an industrial waste discharge permit for good cause, including, but not limited to, the following reasons:

(1)

To incorporate any new or revised Federal, State, or local pretreatment standards or requirements.

(2)

To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of industrial waste discharge permit issuance.

(3)

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

(4)

Information indicating that the permitted discharge poses a threat to POTW, personnel, or the receiving waters.

(5)

Violation of any terms or conditions of the industrial waste discharge permit or this Part 3B.

(6)

Misrepresentations or failure to fully disclose all relevant facts in the industrial waste discharge permit application or in any required reporting.

(7)

Revision of, or a grant of, variance from categorical pretreatment standards pursuant to 40 CFR § 403.13.

(8)

To correct typographical or other errors in the industrial waste discharge permit.

(9)

To reflect a transfer of the facility ownership or operation to a new owner or operator, pursuant to Paragraph H hereof.

Industrial Waste Discharge Permit Revocation. The enforcement authority may revoke an industrial waste discharge permit for good cause, including, but not limited to, the following reasons:

(1)

Failure to notify the enforcement authority of significant changes to the wastewater prior to the changed discharge.

(2)

Failure to provide prior notification to the enforcement authority of changed conditions pursuant to § 18-316.5 hereof.

(3)

Misrepresentation or failure to fully disclose all relevant facts in the industrial waste discharge permit application.

(4)

Falsifying self-monitoring reports.

(5)

Tampering with monitoring equipment.

(6)

Refusing to allow the enforcement authority and/or the Authority timely access to the facility premises and records.

(7)

Failure to meet effluent limitations.

(8)

Failure to pay fines.

(9)

Failure to pay sewer charges and costs.

(10)

Failure to meet compliance schedules.

(11)

Failure to complete a wastewater survey or the industrial waste discharge permit application.

(12)

Failure to provide a completed application for a permit transfer in accordance with Paragraph H hereof, for a new user or owner.

(13)

Violation of any pretreatment standard or requirement, or any terms of the industrial waste discharge permit or this Part 3B.

Industrial waste discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All industrial waste discharge permits issued to a particular user are void upon the issuance of a new industrial waste discharge permit to that industrial user.

General Reporting Requirements for Permittee.

Each major industrial user permittee shall submit to the enforcement authority, 10 days prior to the first day of March, June, September and December, an industrial waste contribution report.

Each minor industrial user permittee shall submit such a report only once per year, prior to the anniversary date of its permit. The enforcement authority may require more than one report per year, however, as a permit condition.

The industrial waste contribution report shall be on a form provided by the enforcement authority and shall indicate the nature and concentration of pollutants in the industrial waste effluent. The waste characteristics shall be based on the results of analysis of the waste performed by a qualified laboratory acceptable to the enforcement authority. Upon specific approval of the enforcement authority the permittee may elect to employ laboratories owned by the industrial user or owner for the analysis of certain parameters being monitored. However, at least once per year, a split sample shall be analyzed for all parameters being monitored in-house by both the in-house laboratory and a qualified independent laboratory. The results of both laboratories shall then be submitted to the enforcement authority for review. The enforcement authority may deny and/or withdraw the approval for the use of laboratories owned by the industrial user or owner at any time. This report shall also include the average daily flow for the reporting period.

At the discretion of the enforcement authority and in consideration of such factors as production schedules, budget cycles, etc., the enforcement authority may agree to alter the months during which the above reports are to be submitted.

Significant industrial users shall also be subject to the reporting requirements of § 18-316 herein.

Sampling, Flow Measurement, Testing and Inspection.

All major industrial users and minor industrial users shall install at their expense a suitable control manhole, (together with meters if required by the enforcement authority as a condition of the permit) and other appurtenances in the private connecting sewer lateral to provide for inspection, sampling and measurement of the waste. The control manhole should normally be situated on the user's premises, but the enforcement authority may, when such a location would be impractical or cause undue hardship on the user, allow the control manhole to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near the control manhole to allow accurate sampling and preparation of samples for analysis. The control manhole, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Construction of the control manhole shall be completed within 90 days following the date of written notice by the enforcement authority.

In the event that no control manhole has been constructed, the control manhole shall be considered to be the nearest downstream manhole in the POTW to the point at which the building sewer is connected.

Users discharging industrial waste to the POTW shall provide the enforcement authority and its representatives the opportunity of access at any time, upon reasonable notice, to any improved property served by the POTW as shall be required for purposes of inspection, measurement, sampling, testing and records examination to ascertain whether the purpose of this Part 3B is being met and all requirements are being complied with, and for performance of other functions relating to service rendered by the enforcement authority. The enforcement authority shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations.

All measurements, samplings, tests, and analysis of the characteristics of waters and wastes to which reference is made in this Part 3B shall be performed in accordance with the techniques prescribed in 40 CFR, Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR, Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by EPA.

Twenty-four-hour composite wastewater samples shall be considered the standard for all sampling performed in accordance with the regulation, except where grab samples are required in § 18-316.10 hereof. However, other appropriate sampling procedures may be acceptable at the discretion of the enforcement authority, if previously approved and included as part of the permit conditions.

The costs of all measurement, sampling, testing, inspection and other monitoring activities incurred by the enforcement authority while enforcing the provisions of this Part 3B shall be the sole responsibility of and paid by the applicable industrial user. Such costs shall be additional user charges and shall be charged directly to the industrial user using the same procedures for billing and collection as used for the billing and collection of surcharges, as described in § 18-315 hereof.

§ 18-315 Pretreatment Charges, Fees and Surcharges.

[Ord. 90, 5/7/1998, § 5; as amended by Ord. 93, 9/13/1999, §§ 5, 6]

Pretreatment Charges and Fees. The Authority may adopt by resolution from time to time charges and fees which may include, but are not limited to, the following:

Fees for reimbursement of costs of setting up and operating the enforcement authority's pretreatment program, including, but not limited to, legal and engineering costs.

Fees for industrial waste discharge permit application.

Fees for monitoring, inspections and surveillance procedures; including the cost of collecting and analyzing an industrial user's discharge and reviewing monitoring reports submitted by industrial users.

Fees for filing appeals.

Fees for consistent removal by the enforcement authority of pollutants otherwise subject to Federal categorical pretreatment standards.

Other fees as the enforcement authority and/or the Authority may deem necessary to carry out the requirements of this Part 3B.

These fees relate solely to matters covered by this Part 3B and are separate from other fees, fines and penalties chargeable by the enforcement authority, and/or any municipal owner.

Surcharges.

Certain portions of the facilities have been designed to accommodate treatment of wastewater BOD, suspended solids, phosphorus and ammonia nitrogen. Certain costs of operations of the facilities are incurred by the enforcement authority for the removal of BOD, suspended solids, phosphorus and ammonia nitrogen from the wastewater flows. If all users discharged wastewater with similar concentration of BOD, suspended solids, phosphorus and ammonia nitrogen, then the imposition of user rates on the flow basis would be fair and equitable. Certain users of the facilities, however, discharge wastewater with concentrations of BOD, suspended solids, phosphorus and ammonia nitrogen that are significantly greater than average concentrations of these pollution parameters. Since the enforcement authority has provided certain equipment and expends certain operating costs that are provided to accommodate the treatment of BOD, suspended solids, phosphorus and ammonia nitrogen, it has been determined that those costs of equipment and operation should be allocated onto the users on a pro rata basis for those users that discharge their wastes with concentrations of BUD, suspended solids, phosphorus and ammonia nitrogen that exceed the average wasteload concentrations. This allocation is hereby imposed by surcharges as described by this Part 3B. Because of the high cost of analyzing BOD, suspended solids, phosphorus and ammonia nitrogen concentrations these surcharges will only be imposed upon users that generate large wastewater flows. These surcharges are imposed only on major and minor industrial users. Discharges generated by major industrial users and minor industrial users containing concentrations of BOD and/or suspended solids in excess of 250 mg/l shall be subject to a surcharge factor. Discharges generated by major industrial users and minor industrial users containing concentrations of phosphorus in excess of 15 mg/l and/or ammonia nitrogen concentrations in excess of 50 mg/l shall be subject to a surcharge factor. This surcharge factor shall be applied to the standard user fee.

For the purposes of this section, the term "standard user fee" shall be that fee that municipalities and/or municipal authorities pay to the enforcement authority for the pro rata cost of operation and the pro rata payment of total annual capital cost as established in accordance with the procedures described in §§ 6.01 and 6.02 of the Sewer Service Agreement.

The major industrial user and minor industrial user shall be charged their regular customer charge for wastewater directly by the Authority. This charge must be paid to the Authority in accordance with the rates, rules and regulations of the Authority.

The surcharges imposed by this Part 3B are separate charges that will be charged directly by the enforcement authority, on the major industrial user and minor industrial user and this separate charge will be payable directly to the enforcement authority. The surcharge factors shall be imposed on the standard user fees as described above in Paragraph B herein, and not on the regular customer charges described in Paragraph C herein.

The surcharge factors shall be imposed on the standard user fees as described above in Paragraph B herein, and not on any base minimum quarterly charge.

The surcharge factors shall be imposed on standard user fees calculated on existing industrial user flows and not projected or future flows and, and therefore, no surcharge shall be imposed upon any user reservation fee or tapping fee that may be required by other regulations.

Surcharge factors shall be computed on the basis of the measured or estimated concentration of pollutants for data as may be available to the enforcement authority. The basis for the calculation of these factors shall be average daily loading concentrations based upon thirty-day averages. If the data is available based upon an analysis of daily testing of twenty-four-hour composite wastewater samples, that data will be used to compute the surcharge factor. If less detailed data is available, the enforcement authority shall use its discretion to select the loading concentration based upon the best available information. This concentration data may, therefore, only be based upon an analysis of periodic grab samples. If the industrial user objects to the loading concentration used for the calculation of these factors the industrial user can provide the enforcement authority with more complete test data.

The establishment of concentration loads for billing purposes shall be made no more frequently than annually, unless otherwise established for major industrial users, as quarterly as a condition of the industrial waste discharge permit. That is, the enforcement authority shall establish the surcharge factor annually (except as noted) and bill for the following year using that factor.

Surcharge Factor.

(1)

For the major industrial user and/or minor industrial user whose discharge has a total BOD concentration in excess of 250 mg/l, and/or suspended solids concentration in excess of 250 mg/l, and/or phosphorus concentrations in excess of 15 mg/l and/or ammonia nitrogen concentrations in excess of 50 mg/l, a surcharge factor will be applied to the standard user fee to arrive at the industrial surcharge bill.

(2)

This surcharge is imposed upon major industrial users and minor industrial users to allow the recovery of the pro rata normal costs incurred by the enforcement authority to provide the facilities and facility operation and maintenance for removal of BOD, suspended solids, phosphorus and ammonia nitrogen when discharged into the POTW in a concentration higher than the concentration of those components in sanitary wastewater. The surcharge factor will be established by resolution of the enforcement authority.

Any and all charges, costs, fees, surcharges, expenses, etc., shall in addition to other methods provided herein or in other requirements be due and collectible by the enforcement authority in the same manner as sewer charges are due and collectible by the enforcement authority.

§ 18-316 Reporting Requirements for Significant Industrial Users.

[Ord. 90, 5/7/1998, § 6]

Baseline Monitoring Reports.

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 categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the enforcement authority a report which contains the information listed in Paragraph B, below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the enforcement authority a report which contains the information listed in Paragraph B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Industrial users described above shall submit the information set forth below:

(1)

Identifying Information. The name and address of the facility, including the name of the operator and owner.

(2)

Environmental Permits. A list of any environmental control permits held by or for the facility.

(3)

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 discharge to the POTW from the regulated processes.

(4)

Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR § 403.6(e).

(5)

Measurement of Pollutants.

(a)

The categorical pretreatment standards applicable to each regulated process.

(b)

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the enforcement authority, 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 Subsection 10 hereof.

(c)

Sampling must be performed in accordance with procedures set out in Subsection 10 hereof.

(6)

Certification. A statement, reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether 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 to meet the pretreatment standards and requirements.

(7)

Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. 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 section must meet the requirements set out in Subsection 2 hereof.

(8)

Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with § 18-314.1.C hereof.

Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required Subsection 1.B(7) hereof:

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 industrial user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).

No increment referred to above shall exceed nine months.

The industrial user shall submit a progress report to the enforcement authority no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule.

In no event shall more than nine months elapse between such progress reports to the enforcement authority.

Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the enforcement authority a report containing the information described in Subsection 1.B(4) — (6) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 18-314.1(C) hereof.

Periodic Compliance Reports.

All major industrial users shall, at a frequency determined by the enforcement authority but in no case less than four times per year (in March, June, September and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 18-314.1.C hereof.

All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. Wastewater meters shall be calibrated at least annually, water meters shall be calibrated at least once every 10 years. The failure of an industrial user to keep its monitoring facility(ies) in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.

If an industrial user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the enforcement authority, using the procedures prescribed in Subsection 11 hereof, the results of this monitoring shall be included in the report.

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

The enforcement authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an industrial waste discharge permit application under § 18-314.1.B hereof.

The enforcement authority may issue an industrial waste discharge permit under § 18-314.1.F hereof or modify an existing industrial waste discharge permit under § 18-314.11 hereof in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater, and the discharge of any previously unreported pollutants.

Reports of Potential Problems.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, a user shall immediately telephone and notify the enforcement authority of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

Within five days following such discharge, the user shall, unless waived by the enforcement authority, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this Part 3B.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Paragraph A, above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

Reports from Unpermitted Users. All industrial users not required to obtain an industrial waste discharge permit shall provide appropriate reports to the enforcement authority as the enforcement authority may require.

Notice of Violation/Repeat and Reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify by telephone the enforcement authority within 24 hours of becoming aware of the violation and shall provide written notice within five days. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the enforcement authority within 30 days after becoming aware of the violation. The industrial user is not required to resample if the enforcement authority monitors at the industrial user's facility at least once a month, or if the enforcement authority samples between the industrial user's initial sampling and when the industrial user receives the results of this sampling.

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of an industrial waste discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR, Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR, Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

10.

Sample Collection.

Except as indicated in Paragraph B, below, the industrial user must collect wastewater samples using flow proportional twenty-four-hour composite wastewater sample collection techniques. In the event flow proportional sampling is infeasible, the enforcement authority may authorize the use of time proportional sampling or a minimum of four grab samples where the industrial user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

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

11.

Timing. Unless otherwise indicated, written reports shall be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of actual receipt of the report shall govern.

12.

Record Keeping. Industrial users subject to the reporting requirements of this Part 3B shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part 3B and any additional records of information obtained pursuant to monitoring activities undertaken by the industrial user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the enforcement authority, or applicable municipal owner of a collection system used by the industrial user, or where the user has been specifically notified of a longer retention period by the enforcement authority.

§ 18-317 Compliance Monitoring.

[Ord. 90, 5/7/1998, § 7]

Right of Entry: Inspection and Sampling. The enforcement authority and/or the Authority shall have the right to enter the premises of any user to determine whether the user is complying with all requirements and any industrial waste discharge permit or order issued hereunder. Users shall allow the enforcement authority and/or the Authority access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the enforcement authority and/or the Authority will be permitted to enter without delay for the purposes of performing specific responsibilities.

The enforcement authority shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The enforcement authority may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the enforcement authority and/or the Authority and shall not be replaced. The costs of clearing such access shall be born by the user.

Unreasonable delays in allowing the enforcement authority and/or the Authority access to the user's premises shall be a violation of this Part 3B.

Search Warrants. If the enforcement authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Part 3B, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the enforcement authority designed to verify compliance with requirements, this Part 3B or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the enforcement authority may seek issuance of a search warrant from the Court of Common Pleas of Lancaster County.

§ 18-318 Confidential Information.

[Ord. 90, 5/7/1998, § 8]

Information and data on a user obtained from reports, surveys, industrial waste discharge permit applications, industrial waste discharge permits, and monitoring programs, and from the enforcement authority's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the enforcement authority, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted in writing 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 governmental agencies 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 will not be recognized as confidential information and will be available to the public without restriction.

§ 18-319 Publication of Users in Significant Noncompliance.

[Ord. 90, 5/7/1998, § 9]

The enforcement authority shall publish annually, in the largest daily newspaper published in Lancaster County, a list of the users which, during the previous 12 months, were in significant noncompliance (SNC) with applicable industrial waste pretreatment standards and/or requirements.

§ 18-320 Administrative Enforcement Remedies.

[Ord. 90, 5/7/1998, § 10]

Notification of Violation. When the enforcement authority finds that a user has violated, or continues to violate, any provision of this Part 3B, an industrial waste discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the enforcement authority may serve upon that user a written notice of violation pursuant to § 18-323 hereof. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted in writing by the user to the enforcement authority. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the enforcement authority to take any other action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent Orders. The enforcement authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections 4 and 5 hereof and shall be judicially enforceable. Issuance of a consent order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Show Cause Hearing.

The enforcement authority may order a user which has violated, or continues to violate, any provision of this Part 3B, an industrial waste discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Hearing Board as set forth in Paragraph B of this section and show cause why the 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, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

The Hearing Board shall conduct the hearing and is authorized to (1) issue notices of hearings requesting the attendance and testimony of witnesses and production of evidence relevant to any matter involved in such hearings; (2) take evidence; and (3) transmit a report of the evidence and hearing, including transcripts and other evidence together with recommendations to the enforcement authority for action thereon.

At any hearing pursuant to this section, testimony shall be under oath and recorded stenographically.

The transcript so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore.

After the Hearing Board has reviewed the evidence, it may issue an order to the user responsible for the violation, directing that following a specific time period, the sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives deemed necessary and appropriate may be issued by the Hearing Board, including the assessment of cost associated with the hearing.

The Hearing Board shall be appointed by the Intermunicipal Group. One member of the board shall be a member of the staff of the owner of the facilities; one member shall be a professional engineer skilled in practice of sanitary engineering; one member shall be a representative of industry or manufacturing enterprise; one member shall be a lawyer; and one member shall be selected at large for his or her interest in accomplishing the objectives of this Part 3B.

Terms on the Board shall be for a period of five years. The Intermunicipal Group shall appoint representatives to fill vacancies on the Board to complete unexpired terms. Interim appointments may be permitted to serve an additional full term on the Board.

Compliance Orders. When the enforcement authority finds that a user has violated, or continues to violate, any provision of this Part 3B, an industrial waste discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the enforcement authority may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided by installing and properly operating adequate treatment facilities, devices, or other related appurtenances, sewer service may be discontinued. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the POTW. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Cease and Desist Orders. When the enforcement authority finds that a user has violated, or continues to violate, any provision of this Part 3B, an industrial waste discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the enforcement authority may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements.

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Administrative Fines.

Notwithstanding any other provision in this Part 3B, when any user has violated or continues to violate any provision of this Part 3B, the industrial waste discharge permit, any order issued hereunder or any other pretreatment standard or requirement, said user shall be assessed an amount not to exceed $2,500 for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

In addition to the penalties provided herein, the enforcement authority may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Part 3B or the orders, rules, regulations and permits issued hereunder. Unpaid charges, fines and penalties shall constitute a lien against an individual user's property.

Users desiring to appeal such fines must file a written appeal along with payment in full of the fin assessed within 10 days of being notified of the fine. The enforcement authority shall e convene a hearing on the matter within 15 days of receiving the appeal and payment, in full, of the fine assessed from the user. Appeals under this provision shall be conducted in the same manner as set forth in Subsection 3.B hereof.

The enforcement authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

Emergency Suspensions. The enforcement authority may immediately suspend a user's discharge, after attempted telephone call to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The enforcement authority may also immediately suspend a user's discharge, after notice by telephone and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment, and/or cause or may cause a violation of the NPDES permit of the POTW.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the enforcement authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The enforcement authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the enforcement authority that the period of endangerment has passed, unless the termination proceedings in Subsection 8 hereof are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the enforcement authority prior to the date of any show cause or termination hearing under Subsection 3 or 8 hereof.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

Termination of Discharge. In addition to other provisions of this Part 3B, any user who violates the following conditions is subject to discharge termination:

Violation of the industrial waste discharge permit conditions.

Failure to accurately report the wastewater constituents and characteristics of its discharge.

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge.

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

Violation of the required pretreatment standards.

Failure to pay surcharges, or user charges, or applicable costs, penalties or fines.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection 3 hereof why the proposed action should not be taken. Exercise of this option by the enforcement authority shall not be a bar to, or a prerequisite for, taking any other action against the user.

§ 18-321 Judicial Enforcement Remedies.

[Ord. 90, 5/7/1998, § 11; as amended by Ord. 125B, 9/16/2014]

Injunctive Relief. When a user has violated, or continues to violate, any provision of this Part 3B, an industrial waste discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the enforcement authority may petition the Court of Common Pleas of Lancaster County through the enforcement authority's Attorney for the issuance of a preliminary or permanent injunction, or both, as appropriate, which restrains or compels the specific performance of the industrial waste discharge permit, order, or other requirements imposed on activities of the user. The enforcement authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

Civil Penalties.

In addition to proceeding under any other remedy available at law, or equity for violation of this Part 3B, the industrial waste discharge permit, any order issued hereunder or any other pretreatment standard or requirement, the enforcement authority may assess civil penalties against any user who has violated or continues to violate any of the provisions of this Part 3B, the industrial waste discharge permit, any order issued hereunder or any other pretreatment standard or requirement. Civil penalties may be assessed whether or not the violation was willful or negligent.

Any user who has violated or continues to violate any of the provisions of this Part 3B, the industrial waste discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the enforcement authority for a civil penalty not to exceed $25,000, plus actual damages incurred by the POTW per violation, per day as the violation continues. Each violation for each separate day shall constitute a separate and distinct offense under this section.

In addition to the above-described penalty and damages, the enforcement authority may recover reasonable attorneys fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses.

The enforcement authority shall petition the court to impose, assess and recover all such sums.

In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

Filing a suit for civil penalties shall not be a bar against nor a prerequisite for taking any other action against a user.

Criminal Prosecution.

A user who willfully or negligently violates any provision of this Part 3B, an industrial waste discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, thereof, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than one year, or both.

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Part 3B, an industrial waste discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Part 3B shall, 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.

As required by Article 7 of the Sewer Service Agreement, the enforcement authority will administer industrial waste penalties pursuant to this Part 3B and/or pursuant to the "Publicly-Owned Treatment Works Penalty Law" (POTW Penalty Law, 35 P.S. § 752.1 et seq.).

Remedies Nonexclusive. The remedies provided for in this Part 3B are not exclusive. The enforcement authority may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the enforcement authority's enforcement response plan. However, the enforcement authority may take other action against any user when the circumstances warrant. Further, the enforcement authority is empowered to take more than one enforcement action against any noncompliant user.

§ 18-322 Coordination with Wastewater Collection System Owner.

[Ord. 90, 5/7/1998, § 12]

All users and owners shall remain responsible to West Cocalico Township and/or the Authority for all costs and expenses incurred as a result of wastewater being either directly or indirectly discharged into the collection system, of such characteristics and/or quantity resulting in the need to repair, clean, replace and/or maintain the collection system.

All industrial users shall promptly provide to the Authority one copy of all notices, reports, test information and data required by this Part 3B to be submitted to the enforcement authority.

Verification of the transmittal of information to Authority shall be provided to the enforcement authority as part of the similar transmittal of information required by the enforcement authority in this Part 3B.

§ 18-323 Notice Provisions.

[Ord. 90, 5/7/1998, § 13]

Whenever the terms of this Part 3B provide for any action to be taken including notice and the service of documentation with respect to enforcement of the terms of this Part 3B including termination of discharge, said notices and opportunities to respond shall be provided in addition to the user, to the owner of the improved property served by the POTW, if the owner is different than the user.

Every "notice," "request," "requisition," "order," "demand," "application," "statement," "report," "certification," "consent," or similar action hereunder shall, unless the form thereof is specifically provided, be in writing signed by the user or the authorized representative of the user making, sending, issuing or publishing the item pursuant to § 18-314.1.C hereof, or in the case of the POTW signed by the superintendent or his duly authorized representative, and served by personal service or registered or certified mail (return receipt required), unless otherwise specifically indicated. Service upon any authorized representatives of a user as defined herein shall constitute service upon the user.

§ 18-324 Responsibility of Owners of Improved Property.

[Ord. 90, 5/7/1998, § 14]

The owner of each improved property connected to the wastewater system shall be responsible for all acts of tenants or other occupants of such improved property insofar as such acts shall be governed by provisions of this Part 3B and requirements.

§ 18-325 Waiver of Rights.

[Ord. 90, 5/7/1998, § 16]

The failure of the enforcement Authority and/or West Cocalico Township and/or the Authority to insist upon strict performance of this Part 3B or any of the terms or conditions thereof shall not be construed as a waiver of any of its rights hereunder.

§ 18-326 Amendments.

[Ord. 90, 5/7/1998, § 17]

West Cocalico Township reserves the right to adopt, from time to time, such additional ordinances it shall deem necessary and proper in connection with use and operation of the wastewater system, which ordinances shall become and shall be construed as part of this Part 3B.