[Adopted 5-17-2021 by Ord. No. 2021-01]
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A-General Provisions
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A.
Notwithstanding any words, terms or provisions set forth herein to
the contrary, this article sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
systems from the affected areas and enables the Authority which serves
Warwick Township to comply with all applicable state and federal laws,
as well as assist in assuring a well-operated sewerage system and
treatment process. The objectives of this article, limited to the
affected areas only, are:
(1)
To prevent the introduction of pollutants into the municipal wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge;
(2)
To prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system, inadequately treated, into
receiving waters or the atmosphere or otherwise be incompatible with
the system;
(3)
To prevent the introduction of pollutants into the municipal wastewater
system that will harm the collection system, physical facilities,
or the health and well-being of the operating personnel;
(4)
To provide for equitable distribution of the cost of the municipal
wastewater system.
B.
This article shall apply to the Authority solely as to properties
within the Township of Warwick served by Warminster Municipal Authority.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act as amended, 33 U.S.C. § 1251
et seq.
Those properties within Warwick Township provided with sanitary
sewer service by the Authority which conveys its wastewater for treatment
to Warminster Municipal Authority.
The Authority responsible for the treatment of the discharged
wastewater in the area in question.
The appropriate regional Administrator of the United States
Environmental Protection Agency.
The Warwick Township Water and Sewer Authority.
The general manager of the Authority who is the person designated
by each Authority to supervise the operation of the publicly owned
treatment works and who is charged with certain duties and responsibilities
by this article, as it pertains to the areas served by each of the
Authorities, including the administration of the article, with respect
to the control of pollutants.
An authorized representative of a user may be:
A principal executive officer of at least the level of vice
president, if the user is a corporation;
A general partner or proprietor if the user is a partnership
or proprietorship, respectively;
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the waste discharge originates.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment
requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of weight and concentration [milligrams
per liter (mg/L)].
A sewer conveying wastewater from the premises of a user
to the POTW.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307 (b) and (c) of the Act (33
U.S.C. § 1317) that apply to a specific category of users
and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
Refers to the authority responsible for collection of wastewater
in the area of Warwick Township in which collections are occurring:
either the Warwick Township Water and Sewer Authority or the Warminster
Municipal Authority.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The normal waterborne waste from a residential household,
as well as toilet wastes from residences, business buildings, institutions,
commercial, and industrial establishments.
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.
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 over a period
of time not to exceed 15 minutes.
Any structure used for or intended to be used, wholly or
in part, for the manufacturing, fabricating, warehousing, processing,
cleaning, or assembling of any product, commodity, or article.
Any solids, liquid, or gaseous substances or form of energy
rejected or escaping from an industrial establishment other than domestic
waste.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, causes an inhibition or disruption
of the POTW, its treatment processes or operations, or its sludge
processes, or disposal and which results in a reduction in the effectiveness
of the treatment facilities, and which causes or contributes to a
violation of any requirement of the POTW's NPDES permit (including
any increase in the magnitude or duration of a violation), the prevention
of sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued thereunder
(or more stringent state or local regulations):
Section 405 of the Clean Water Act;[1]
The Solid Waste Disposal Act (SWDA) [including Title II, more
commonly referred to as the "Resource Conservation and Recovery Act
(RCRA)"[2] as well as state regulations contained in a state SWDA];
The Clean Air Act;[3]
The Toxic Substances Control Act;[4] and
The Marine Protection, Research and Sanctuaries Act.[5]
Is permissive.
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
Any regulation developed under the authority of Section 307
(b) of the Act and 40 CFR 403.5.
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307 (c) of the Act which are applicable to such source
if such standards were enacted in accordance with that section. Where
EPA pretreatment standards do not apply, a new source shall mean a
discharge that commenced after the adoption of this article.
A discharge which exits the POTW into waters of the United
States and/or the Commonwealth of Pennsylvania in quantities or concentrations
which, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the
POTW's NPDES permit (including any increase in the magnitude
or duration of a violation).
Any individual, partnership, 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 the
singular shall include the plural where indicated by the context.
A measure of the acidity or alkalinity of a solution expressed
in standard units.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, chemical wastes, biological materials, radioactive
materials, heat, rock, sand, cellar dirt, and industrial, municipal,
and agricultural waste discharged into water.
The man-made or man-induced negative alteration of the chemical,
physical, biological, and radiological integrity of water, including
but not limited to the addition of material that reduces its usefulness.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical, or biological
processes, process changes by the person producing the pollutant,
or by other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment
as mandated by the Authority and contained in this article. These
requirements are in addition to any categorical pretreatment standard,
and they shall take precedence over the categorical pretreatment standard
when this article pretreatment requirements are more restrictive.
A treatment works is defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned, in this instance, by one
of the Authorities. This definition includes any devices and systems
used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial waste of a liquid nature. This definition also
includes all sewers owned by one of the Authorities that convey wastewater
to a POTW treatment plant. The term also means the municipality as
defined in Section 502 (foreclosed) of the Act, which has jurisdiction
over the indirect discharges to and the discharges from such a treatment
works.
Is mandatory.
One or more of the following:
Chronic violations of wastewater discharge limits which for
this purpose are defined as those in which 66% or more of all of the
measurements taken during a six-month period exceed (by any magnitude)
the daily maximum limit or the average limit for the same pollutant
parameter;
Technical review criteria (TRC) violations 33% or more of measurements
for each pollutant parameter taken during a six-month period equal
or exceed the product of the applicable maximum limit or the average
limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats,
oil, and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1)(daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW determines has caused,
alone or in combination with other discharges, interference or pass
through (including endangering the health of POTW personnel or the
general public);
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare, or the environment or which required the
POTW to use its emergency authorities under 40 CFR 403.8(f)(l)(vi)(B);
Violations of a compliance schedule milestone by 90 days;
Violations of report submittal deadlines by 30 days;
Failure to accurately report noncompliance; and
Any other violation deemed significant by the Control Authority.
All users subject to categorical pretreatment standards under
40 CFR 403.6 and 40 CFR Chapter I, sub-chapter N; and
Any other user that discharges an average of 25,000 gallons
per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewater); contributes a
process waste stream which makes up 5% or more of the capacity of
the POTW treatment plant; or is designated as such by the Control
Authority as defined in 40 CFR 403.12(a) on the basis that the user
has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 153-45 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
A classification (categorization) of kinds of industrial
activities pursuant to the Standard Industrial Classification Manual,
issued by the Executive Office of the President, Office of Management
and Budget, 1972.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
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.
Warwick Township, Bucks County, Pennsylvania.
Any person who contributes, causes, or permits the contribution
of wastewater into the Control Authority's POTW.
The liquid- and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial establishments, and
institutions, together with any groundwater, surface water, and stormwater
that may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
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Abbreviation
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Meaning
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Authorities
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Warwick Township Water and Sewer Authority and Municipal Authority
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BOD
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Biochemical oxygen demand
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CFR
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Code of Federal Regulations
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COD
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Chemical oxygen demand
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EPA
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Environmental Protection Agency
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L
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Liter
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mg
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Milligrams
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mg/L
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Milligrams per liter
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NPDES
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National Pollutant Discharge Elimination System
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POTW
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Publicly owned treatment works
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SIC
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Standard Industrial Classification
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SWDA
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Solid Waste Disposal Act, 42 USC 6901 et seq.
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USC
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United States Code
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TSS
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Total suspended solids
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TTO
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Total toxic organics
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B-Regulations
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No user shall contribute or cause to be contributed, directly
or indirectly, any pollutant or wastewater which will cause pass through
or interference with the operation or performance of the POTW. These
general prohibitions apply to all such users of a POTW whether or
not the user is subject to categorical pretreatment standards or any
other national, state, or local pretreatment standards or requirements.
A user shall not contribute the following substances to the POTW:
A.
Any liquids, solids, or gases which by reason of their nature or
quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the POTW or to the operation of the POTW. At no time
shall two successive readings on an explosion hazard meter at the
point of discharge into the system (or at any point in the system)
be more than 5% nor any single reading over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromides, carbides, hydrides, and sulfides. Waste streams with a closed-cup
flash point of less than 140° F. or 60° C. using the test
methods specified in 40 CFR 261.21 are also prohibited.
B.
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities such as, but not limited to, grease, garbage
with particles greater than 1/2 inch in any dimension, animal guts,
animal tissues or wastes, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, waste paper, wood, plastics, tar,
asphalt residues, residues from glass grinding or polishing wastes.
C.
Any wastewater having a pH less than 5.5 s.u. or more than 9.0 s.u.
or wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment, and/or personnel of the
POTW.
D.
Any wastewater:
(1)
Containing toxic pollutants in sufficient quantity, either singly
or by interaction with other pollutants, to injure or interfere with
any wastewater treatment process, constitute a hazard to humans or
animals, pass through the POTW and degrade the receiving stream; or
(2)
Containing substances in amounts that exceed any limitations set
forth in a categorical pretreatment standard or any limitation in
Part B of this article.
E.
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
F.
Any substance which may cause the POTW's effluent or any other
product of the POTW such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines,
or regulations developed under Section 405 of the Act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act,[1] the Clean Air Act,[2] the Toxic Substances Control Act,[3] or state criteria applicable to the sludge management
method being used.
G.
Any substance which will cause the POTW to violate its NPDES and/or
Pennsylvania DEP stream discharge permit or cause a violation of the
water quality standards of the receiving stream.
H.
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
I.
Any wastewater as it enters the Authorities' sewer with a temperature
greater than 50° C. (122° F.) or, when in combination with
other wastewaters, will increase the temperature of the influent to
the POTW treatment plant above 40° C. (104° F.); or which
heat will inhibit biological activity in the POTW resulting in interference.
J.
Any pollutants, including oxygen-demanding pollutants (BOD, etc.)
released at a flow rate and/or pollutant concentration which will
cause interference to the POTW. In no case shall a slug load have
a flow rate five times the average operating flow rate nor contain
concentrations or quantities of pollutants that exceed at any moment
in time four times the average operating values.
K.
Any wastewater containing any radioactive wastes or isotopes.
L.
Any wastewater which causes a hazard to human life or creates a public
nuisance.
M.
Any wastewater containing any organic chemical from the list hereafter
in any amount whatsoever:
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Phenols and Cresols
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Monocyclic Aromatics
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Phenol
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(EXCLUDING PHENOLS, CRESOLS AN PHTHALATES)
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Phenol, 2-chloro
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Benzene
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Phenol, 2,4,-dichloro
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Benzene, chloro
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Phenol, 2,4,6,-trichloro
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Benzene, 1,2-dichloro
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Phenol, pentachloro
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Benzene, 1,3-dichloro
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Phenol, 2-nitro
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Benzene, 1,4-dichloro
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Phenol, 4-nitro
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Benzene, 1,2,4-trichloro
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Phenol, 2,4-dinitro
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Benzene, hexachloro
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Phenol, 2,4-dimethyl
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Benzene, ethyl
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m-Cresol, p-chloro
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Benzene, nitro
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o-Cresol,4, 6-dinitro
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Toluene
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PCBs and Related Compounds
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Toluene, 2,4-dinitro
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PCB-1016
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Toluene, 2,6-dinitro
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PCB-1221
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Ethane, 1,2-dichloro
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PCB-1232
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Ethane, 1, 1, 1-trichloro
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PCB-1242
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Ethane, 1, 1, 2-trichloro
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PCB-1248
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Ethane, 1, 1, 2-tetrachloro
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PCB-1254
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Ethane, hexachloro
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PCB-1260
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Ethane, chloro
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2-Chloronapthalene
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Ethene, 1, 1-dichloro
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Ethers
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Ethane, trans-dichloro
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Ether, bis (chloromethyl)
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Ethane, trichloro
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Ether, bis (2-chloroethyl)
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Ethane, tetrachloro
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Ether, bis (2-chloropropyl)
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Propane, 1, 2-dichloro
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Ether, 2-chloroethyl vinyl
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Propane, 2,4 dichloro
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Ether, 4-bromophenyl phenyl
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Butadiene, hexachloro
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Ether, 4-chlorophenyl phenyl
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Bis (2-chloroethoxy) methane
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Phthalate Esthers
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Nitrosamines and Other
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Phthalate, di-c-methyl
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Nitrogen-Containing
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Phthalate, di-n-ethyl
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Nitrosamine, dimethyl
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Phthalate, di-n-butyl
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Nitrosamine, diphenyl
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Phthalate, di-n-octyl
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Nitrosamine, di-n-propyl
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Phthalate, bis (2-ethylhexyl)
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Benzidine
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Phthalate, butyl benzyl
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Benzidine, 3,3-dichloro
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Polycyclic Aromatic
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Hydrazine, 1,2-diphenyl
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Hydrocarbons
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Acrylonitrile
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Acenaphthene
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Halogenated Aliphatics
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Acenaphthy lene
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Methane, bromo
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Anthracene
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Methane, chloro
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Benzo (a) anthracene
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Methane, dichloro
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Benzo (b) fluoranthene
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Methane, chlorodibromo
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Benzo (k) fluoranthene
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Methane, dichlorobromo
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Benzo (ghi) perylene
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Methane, tribromo
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Benzo (a) pyrene
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Methane, trichloro
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Chrysene
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Methane, tetrachloro
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Dibenzo (a.h.) anthracene
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Methane, trichlorofluoro
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Fluoranthene
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Methane, dichlorodifluoro
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Fluorene
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Ethane, 1, 1-dichloro
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Indeno (1,2,3-cd) pyrene
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Pesticides
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Napthalene
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Acrolein
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Phenanthrene
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Aldrin
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Pyrene
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BHC (Alpha)
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Endosulfan (Alpha)
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BHC (Gamma) or Lindane
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Endosulfan (Beta)
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BHC (Delta)
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Endosulfan Sulfate
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Chlordane
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Endrin
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DDD
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Endrin Aldehyde
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DDE
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Heptachlor
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DDT
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Isophorone
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Dieldrin
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Heptachlor epoxide
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TCDD (or Dioxin)
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Toxaphene
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N.
Any hauled or trucked pollutants discharged at points other than
those designated by the POTW.
O.
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause interference or pass through.
P.
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.
A.
Clean water discharges into the POTW unnecessarily consume sewer
and treatment plant capacities as well as reduce the effectiveness
of the wastewater treatment processes and, therefore, the discharge
of clean water is unacceptable to the affected Authority.
B.
Specifically, no person shall discharge or cause to be discharged
any unpolluted waters such as water from sump pumps, floor drains,
stormwater, groundwater, roof runoff, subsurface drainage, foundation
drainage, or cooling water into the POTW. Stormwater and all other
unpolluted drainage shall be discharged to such sewers that are specifically
designed as storm sewer or to a natural outlet. Industrial cooling
water or unpolluted process waters may be discharged to a storm sewer
or natural outlet upon the issuance of a permit to do so from the
U.S. EPA or the Pennsylvania Department of Environmental Protection.
A.
Upon the promulgation of the categorical pretreatment standards for
a particular industrial subcategory, the National Standard (located
in 40 CFR Chapter I, Sub-chapter N, Parts 405-471), if more stringent
than limitations imposed under this article for sources in the subcategory,
shall immediately supersede the limitations imposed under this article
and shall be incorporated herein by reference. The Authorities shall
notify all affected users of the applicable reporting requirements
under 40 CFR 403.12.
B.
The Authorities may also require, if deemed necessary by the affected
Authority, that the pollutants discharged by the user be segregated
from sanitary sewage. This will require the installation of a separate
drainage system sewer line exclusively for such pollutants, and that
system shall remain segregated until passage through a sampling and/or
monitoring facility, at which time it may join the building's
sanitary drain for continuation and connection to the affected Authority's
sewer lateral.
A.
The following limits of concentration are given for guidance to all
existing and proposed users to the POTW. The tabulation represents
the maximum permissible concentration of each specific parameter acceptable
in a discharge when averaged over any twenty-four-hour operating period.
The acceptable peak concentration of any substance at any given moment
shall not exceed the concentration limits listed herein. Lower concentrations
may be required of a pollutant if, in the judgment of the affected
Authority, it is necessary to do so in order to protect the POTW processes,
its sludge quality, and its effluent quality.
B.
The Authorities may take, at their sole discretion, materials that
are generally considered compatible with the sewage treatment plant
and its processes, that is, materials that are commonly associated
with domestic waste, at concentrations greater than those listed under
the daily maximum limit; however, a surcharge will be applied for
the treatment and/or handling of the unusually strong pollutants in
accordance with the formula and rate schedule on file at the affected
Authority's administration office. Pollutants having all characteristics
at or below the twenty-four-hour limits will not be subject to a surcharge.
C.
Pollutants having any characteristic beyond any limit value, as shown
in the following table, shall be rejected.
D.
Extra-strong pollutants, with surcharge, shall be applicable to BOD,
COD, total dissolved solids, total suspended solids, phosphates, chlorides,
sulfates, ammonia nitrogen, nitrate nitrogen, organic nitrogen, iron,
aluminum, and oil and grease. Additional and more specific limitations
may be contained within the user's Wastewater Discharge Permit,
which shall be binding control values.
E.
The following list is subject to additions and modifications as required
of the Authorities by regulatory agencies or as technical revelations
may dictate to the Authority that it is prudent to revise the values
tabulated. As tens of thousands of various pollutants exist, the list
is not a tabulation of all substances that are or may be restricted
by the Authorities.
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Parameter
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Daily Maximum Limit
(mg/L)
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|---|---|
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Aluminum
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10
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Arsenic
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0.037
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Barium
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2.00
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Beryllium
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0.51
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BOD (5-day)
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2000
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BOD (20-day)
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3000
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Bromides
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25.0
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Cadmium
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0.08
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COD
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5000
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Chlorides
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5000
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Chromium, hexavalent
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0.10
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Chromium, total
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2.77
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Cobalt
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2.00
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Copper
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0.70
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Cyanide
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0.13
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Fluorides
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20.0
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Hydrogen Sulfide
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0.10
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Iron
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10.0
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Lead
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0.21
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Manganese
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2.00
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Mercury
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0.0006
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Nickel
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0.50
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Ammonia Nitrogen
|
60
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Nitrate Nitrogen
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20
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TKN
|
100
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Phenol
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0.5
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Total Phosphorus
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64
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Selenium
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0.01
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Silver
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0.43
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Sulfates
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5000
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Sulfides
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1.00
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Total Suspended Solids
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2000
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Tin
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2.00
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Total Dissolved Solids
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10,000
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Zinc
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0.5
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Oil and Grease:
| |
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Animal/vegetable origin
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200
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Petroleum origin
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100
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Mixture of oils/grease
|
100
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Boron
|
0.5
|
|
Potassium
|
2500
|
|
Calcium
|
2500
|
|
Magnesium
|
1000
|
State requirements and limitations on discharges shall apply
in any case where they are more stringent than federal requirements
and limitations or those in this article.
The Township reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 153-42 of this article.
No user shall ever increase the use of process water or in any
way attempt to dilute a discharge as a partial or complete substitute
for adequate waste treatment or waste control to achieve compliance
with the limitations contained in this article or in any categorical
pretreatment standard, or in any other pollutant-specific limitation
developed by the Township or state.
A.
The user shall provide protection from accidental discharge to the
sewer of prohibited or controlled materials or other substances regulated
by this article. In the application for a Wastewater Discharge Permit,
the applicant shall provide a narrative detailing what facilities
and/or operating procedures are, or shall be, employed to preclude
an accidental discharge. The issuance of a Wastewater Discharge Permit
shall be contingent upon the submission of an acceptable spill control
plan.
B.
In case of an accidental discharge, the user shall immediately telephone
and notify the affected Authority of the incident. During normal working
hours the user shall notify the Authority Manager, or his assistant
at 215-675-3301 and during non-office hours notify the Chief Operator
at the sewage treatment plant, telephone number 215-675-6113.
C.
When requested by the affected Authority, a user shall develop a
slug control plan which outlines discharge practices (including nonroutine
batch discharges), describes stored chemicals and which contains procedures
both to notify the POTW immediately of slug discharges or of any changes
at its facility affecting the potential for a slug discharge and to
prevent adverse impacts from accidental spills. The plan must be posted
within the building in such a manner that all employees can see the
plan. Furthermore, the plan must list the following information:
(1)
Names and telephone numbers of people to be contacted within the
company;
(2)
Names and addresses of people outside the company who may need to
be contacted;
(3)
All emergency equipment on hand, the location of such emergency equipment
and the names and telephone numbers of people who can handle such
emergency equipment;
(4)
Procedures to follow in case of a chemical spill; and
(5)
The location of the material safety data sheets (SDS) which must
be on-site for all chemicals and products used in the company's
business.
D.
Written notice. Within five days following an accidental discharge,
the user shall submit to the Authority Manager a detailed written
report describing the cause of the discharge and the measures to be
taken by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the POTW,
fish kills, or any other damage to person or property; nor shall such
notification relieve the user of any fines, civil penalties, or other
liability which may be imposed by this article or other applicable
law.
E.
Notice to employees. A notice shall be permanently posted on the
user's bulletin board or at the place of operations or other
prominent place, advising employees whom to call in the event of a
dangerous discharge. Employers shall ensure that all employees who
are aware of or may cause such a dangerous discharge to occur are
advised of the emergency notification procedures.
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C-Fees
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It is the purpose of this article to provide for the recovery
of costs from users of the Authorities' wastewater disposal system
for the implementation of the program established herein. The applicable
charges or fees shall be set forth in the Authorities' rate schedule
as contained in their rules and regulations, on file in each business
office.
A.
The Authorities may adopt charges and fees which may include:
(1)
Fees for reimbursement of costs of setting up and operating the Authorities'
pretreatment program;
(2)
Fees for monitoring, inspection, and surveillance procedures;
(3)
Fees for reviewing accidental discharge procedures and construction;
(4)
Fees for permit application;
(5)
Fees for filing appeals;
(6)
Fees for consistent removal (by the Authorities) of pollutants otherwise
subject to pretreatment standards;
(7)
Fees for the handling of unusually strong pollutants;
(8)
Other fees as the Authorities may deem necessary to carry out the
requirements contained herein.
B.
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by each of the Authorities.
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D-Administration
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It shall be unlawful to discharge to the POTW any pollutants
except as authorized by the affected Authority in accordance with
the provisions of this article. Each of the Authorities may, at a
frequency of once per year, or more often if conditions indicate a
need, require a user, regardless of whether or not the user possesses
a valid Wastewater Discharge Permit, to complete and submit a certification
of wastewater status report. In it, the user shall state whether or
not the user's wastewater discharge contains proscribed pollutants
and whether the discharge complies with this article. If the discharge
does not comply with this article, the user shall state how and when
compliance will be achieved.
A.
General. Any user proposing to connect to or contribute pollutants
to the POTW shall obtain a Wastewater Discharge Permit before connecting
to or contributing to the POTW. Those nonresidential users not defined
as significant users shall apply for a wastewater discharge permit
within 60 days of being notified to do so by the Authority Manager.
All users, whether permitted or not, must notify the affected Authority
prior to changing their discharges.
B.
Permit application. Users required to obtain a Wastewater Discharge
Permit shall complete and file with the affected Authority an application
in the form prescribed by the affected Authority, which form shall
require all relevant information required by 40 CFR 403.12(6), and
be accompanied by a fee of $250 where no pretreatment facilities are
proposed and $500 when pretreatment facilities are included. Application
forms shall be obtained from the administration office of each of
the Authorities. The Authorities will evaluate the data furnished
by the user and may require additional information. After evaluation
and acceptance of the data furnished, the affected Authority may issue
a Wastewater Discharge Permit subject to terms and conditions provided
herein.
C.
Permit modifications as the result of federal regulations. As soon as possible (e.g., within 90 days) following the promulgation of a categorical pretreatment standard, the Wastewater Discharge Permit of existing users subject to such standard shall be revised by the Authorities to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a categorical pretreatment standard, has not previously submitted an application for a Wastewater Discharge Permit as required by § 153-56B, the user shall apply for a Wastewater Discharge Permit within a period stipulated by the Authorities, but in no case beyond 180 days after the promulgation of the applicable categorical pretreatment standard. In addition, the user with an existing Wastewater Discharge Permit shall submit to the affected Authority Manager within 90 days after the promulgation of the applicable categorical pretreatment standard a certification of wastewater status report on a form available at the administrative office of the Authority.
D.
Permit conditions. Wastewater Discharge Permits shall be expressly
subject to all provisions of this article, and all other applicable
regulations, user charges and fees established by the Authorities'
Permits may contain the following:
(1)
The unit charge or schedule of user charges and fees for the Authorities'
handling of wastewater discharged into its facilities and to offset
the cost of the wastewater control program;
(2)
Limits on the maximum wastewater constituents and characteristics;
(3)
Limits on maximum rate and time of discharge or requirements for
flow regulation equalization;
(4)
Requirements for installation and maintenance of inspection and sampling
facilities;
(5)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number of samples, sample types,
testing methods and a reporting schedule;
(6)
Schedule to attain compliance with the subject ordinance and/or conditions
contained in the permit;
(7)
Requirements for submission of technical reports or discharge reports
(see 4.3); and requirements for signed data accuracy certifications
for all baseline monitoring reports, ninety-day compliance reports
and periodic reports;
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the affected Authority, and
affording affected Authority access thereto;
(9)
Requirements for notification of the affected Authority of any new
introduction of wastewater constituents into the wastewater treatment
system;
(11)
With respect to categorical users, limitations on all parameters
regulated by the applicable categorical standard, including TTO requirements
(monitoring and/or certification and solvent management planning);
(12)
Requirements for retaining records of monitoring activities
and results for a minimum of three years, or longer in the case of
unresolved litigation or when requested by the Authority;
(13)
Other conditions as deemed appropriate by the Authorities to
ensure compliance with this article.
E.
Permits' duration. Permits shall be issued for a specified time
period, not to exceed five years or may be written to expire on a
specific date. The user shall apply for permit reissuance a minimum
of 90 days prior to the expiration of the user's existing permit.
The terms and conditions of the permit may be subject to modification
by the Authorities during the term of the permit as limitations or
requirements as identified in Part B are modified or other just cause
exists. The user shall be informed of any proposed changes in his
permit by the Authority Manager, and any changes or new conditions
in the permit shall include a reasonable time schedule for compliance.
F.
Permit transfer. Wastewater Discharge Permits are issued to a specific
user for a specific operation. A Wastewater Discharge Permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the approval
of the affected Authority. Any succeeding owner or user shall be obligated
to secure his own permit as prescribed herein.
A.
Compliance date report and baseline monitoring report. Within 90
days following the established date for a baseline monitoring report
or for final compliance with an Authority-accepted schedule to attain
compliance with the wastewater control ordinance or applicable pretreatment
standards or, in the case of a new source, following commencement
of the introduction of wastewater into the POTW, the user shall submit
to the Authority Manager a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by this article or the user's permit and the average
and maximum daily flow. The report shall state whether applicable
pretreatment standards or article requirements are being met on a
consistent basis and, if not, what additional O&M and/or pretreatment
is necessary to bring the user into compliance with the applicable
standards or requirements. The reports shall include information on
compliance with any applicable best management practices (BMPs). The
statement shall be signed by an authorized representative of the user
and certified by a qualified professional.
B.
Periodic compliance reports.
(1)
For a user subject to a pretreatment standard, after the compliance
date of such pretreatment standard, or, in the case of a new source,
after commencement of the discharge into the POTW, the user shall
submit to the Authority Manager during the months of June and December,
unless required more frequently in the pretreatment standard or by
the Authority, a report indicating the nature and concentration of
pollutants in the effluent which are limited by such pretreatment
standard. In addition, this report shall include a record of the measured
or estimated average daily flow during the reporting period, together
with every daily flow that exceeds the permitted flow and the maximum
daily flow.
(2)
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Authority Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of the sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Authority Manager, or pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard.
(4)
In the event the user fails to provide reports on his discharge as specified in Subsection B(1), (2) or (3) above, the failure will constitute a violation of the permit requirements, and the affected Authority will initiate enforcement proceedings in accordance with Part E, to protect the POTW; the affected Authority may conduct or cause to have conducted measurements and analyses of the discharge and charge the costs against the user's account.
(5)
All reports are subject to the requirements specified in 40 CFR 403.12.
A.
The Authorities shall require monitoring facilities to be provided
and operated at the user's own expense to allow inspection, sampling,
and flow measurement of the building sewer and/or internal drainage
system. The monitoring facility should normally be situated on the
user's premises, but the Authorities may, when such a location
would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked
vehicles.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling, and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user. Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in accordance
with the Authority's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification by the affected Authority.
A.
The Authority shall inspect the facilities of any user to ascertain
whether the purpose of this article is being met and all requirements
are being complied with.
B.
Persons or occupants of premises where wastewater is created or discharged
shall allow the affected Authority or its representative ready access
at all reasonable times to all parts of the premises for the purposes
of inspection, sampling, records examination or in the performance
of any of their duties. The affected Authority and the Approval Authority
shall have the right to set up on the user's property such devices
as are necessary to conduct sampling inspection, compliance monitoring
and/or metering operations.
C.
When the sampling, inspection, monitoring, testing, etc., is being
conducted because the Authorities have reason to believe that the
user is in noncompliance, the Authorities shall charge its costs to
the user. Furthermore, after notification to the discharger of his
noncompliance, the Authorities may resample, retest, reinvestigate
and do whatever is necessary to evaluate each day's discharge,
charging all costs to the user, until compliance is obtained.
D.
Permanently installed automatic sampling devices shall be required
at the user's cost when in the opinion of the affected Authority
they are necessary to assure compliance with this article. Where a
user has security measures in force which require proper identification
and clearance before entry into the premises, the user shall make
the necessary arrangements with the user's security guards so
that, upon presentation of suitable identification, affected Authority
personnel shall be permitted to enter, without delay, for the purposes
of performing their specific responsibilities.
E.
Users must make the records of monitoring activities and results
available for copying by the affected Authority.
F.
All wastewater sampling and analysis must be conducted using the
methods and procedures set forth in 40 CFR Part 136 and adhere to
the provisions described in 40 CFR 403.12.
Users shall provide necessary wastewater treatment as required
to comply with this article and shall achieve compliance with all
categorical pretreatment standards within the time limitations as
specified in the permit conditions of the wastewater discharge permit.
Any facilities required to pretreat wastewater to a level acceptable
to the Authorities shall be provided, operated, and maintained at
the user's expense. Detailed plans showing the pretreatment facilities
and operating procedures shall be submitted to the affected Authority
before construction of the facility, in a form and in an orderly sequence
as prescribed by the affected Authority. The review of such plans
and operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to produce an
effluent acceptable to the affected Authority under the provisions
of this article. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported and acceptable to the affected
Authority prior to the user's initiation of the changes.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agencies without
restrictions unless the user specifically requests and is able to
demonstrate to the satisfaction of the affected Authority that the
release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets of the
user. However, the EPA has immediate and unlimited access to all information
collected by the Authorities as part of pretreatment programs.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public nor by anyone within
the affected Authority organization without the technical need to
know the information. If at some time it is deemed germane that the
regulatory agencies know that such information exists, they may be
advised that it exists but will be referred to the user to secure
information. Wastewater constituents and characteristics will not
be recognized as confidential information.
The Authority may require compliance schedules for installation
of technology required to meet a pretreatment standard from all users,
whether permitted or not.
All compliance schedules must contain milestone dates for implementing
necessary pretreatment required to meet the applicable pretreatment
standards. Within 14 days of a milestone in the compliance schedule
and within 14 days of the final date of compliance, the user must
submit a progress report to the POTW indicating whether or not the
milestone or final compliance date was met and, if not, when compliance
is expected.
All users, in writing, must notify the affected Authority, the
state and the EPA of any discharge which would be considered a hazardous
waste if disposed of in a different manner.
All wastewater sampling and analysis for the local pretreatment
program must be conducted using the test procedures and methods provided
for in 40 CFR Part 136.
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E-Enforcement
|
A.
The Township and the Authorities recognize there are many users that
have activities which, at times, cause discharges of pollutants to
the sewerage system resulting in violations of this article and of
the user's wastewater discharge permit. It is the intention of
the Authorities to secure compliance with this article as expeditiously
as reasonably possible and with minimal disruption to the user's
operation. The user should recognize, too, that the requirements of
this article and his permit are important to the proper operation
of the sewerage facilities. The Authorities, as agents of the Township
for the purpose of enforcing the provisions of this article, and as
a matter of policy, shall secure and assure wastewater discharge compliance
thereunder.
B.
The Authorities have the power to develop and implement an enforcement
response plan (ERP), indicating how a POTW will investigate and respond
to instances of user noncompliance, as required by 40 CFR Part 403.8(f)(5).
Enforcement responses include a variation of the following: notice
of violation, administrative orders, civil litigation, criminal prosecution,
and termination of sewer service.
If sampling by a user indicates a violation, the user must notify
the affected Authority within 24 hours of becoming aware of the violation.
The user must resample and submit results of this resampling to the
affected Authority within 30 days. Whenever the user becomes aware
that the user has violated or is violating this article and/or his
wastewater discharge permit, either through notice served by the Authority,
analytical reports, knowledge of normal plant activities or through
any other means, the user shall within 14 days submit to the affected
Authority a full explanation as to the reason for the violation and,
for the Authority's consideration, a plan for the satisfactory
correction thereof. Included with this submission shall be a completed
Authority's form "Proposed Schedule to Obtain Compliance with
the Wastewater Control Ordinance."
A.
The Authorities may, at their option, order any user who causes or
allows an unauthorized discharge to enter the POTW or has violated
a condition of this article or his wastewater discharge permit, to
show cause before the Hearing Board why enforcement action should
not be taken to end the violation, recover damages and/or assess penalties.
A notice shall have been served on the user, specifying the time and
place of the hearing, describing the alleged violation, and it may
contain a statement as to the enforcement action proposed. The notice
of the administrative hearing shall be served personally or by registered
or certified mail at least 10 days before the hearing. Service may
be made on any agent of the user or officer of the corporation.
B.
At any hearing held pursuant to this article, testimony taken shall
be under oath and recorded stenographically. A transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges therefor.
C.
The Hearing Board, within 14 days, shall review the evidence and
advise the Authority of its findings. If the Board has concluded that
a violation did or does exist, it shall recommend a course of action
consistent with this article to the Authority for administration.
The Hearing Board shall be comprised of the following:
As a result of the administrative hearing or in the Authority
General Manager's judgment, a user who violates the following
conditions of this article or state or federal regulations pertaining
to wastewater pretreatment is subject to suspension/revocation of
his discharge permit:
A.
Failure of a user to faithfully and factually report the wastewater
constituents and characteristics of his discharge;
B.
Failure of the user to report significant changes in operations;
or wastewater constituents and characteristics;
C.
Refusal to allow an Authority's employee or agent reasonable
access to the user's premises for the purpose of inspection or
monitoring;
D.
Violation of conditions of the wastewater discharge permit;
E.
Violation of Part B of this article, regulating materials that may
be discharged to the POTW;
A.
As a result of an administrative hearing or in the judgment of the
Authority's general manager when, in order to stop an actual
or threatened discharge which presents or may present an imminent
or substantial endangerment to the health and welfare of persons,
to the environment, to the receiving stream, or may cause interference
to the POTW or cause the Authority to violate any condition of its
state and/or NPDES Permit, the Authority Manager or his designated
agent may order the user to immediately cease and desist a discharge
and/or waste contribution and, to secure the termination of the discharge,
the Authority shall take such steps as deemed necessary, including
seeking injunctive relief and/or the immediate severance of water
and/or sewer service.
B.
The Authority shall reinstate the wastewater discharge permit and/or
wastewater treatment service upon proof of the elimination of the
noncomplying discharge. A detailed written statement submitted by
the user describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence shall be submitted
before reinstatement of service.
A.
If any person discharges proscribed pollutants into the Authority's
wastewater disposal system contrary to the provisions of this article,
federal or state pretreatment requirements, or any order of the Authority,
the affected Authority solicitor may commence an action for appropriate
legal and/or equitable relief in the Court of Common Pleas of Bucks
County.
B.
If any user violates any pretreatment standards or other nondischarge
requirements, the Authority solicitor may commence an action for injunctive
relief in the Court of Common Pleas of Bucks County.
A.
This article shall apply to the Township of Warwick and to persons,
municipalities and/or authorities outside of the Township that are,
by contract or agreement with the Authority, users of the publicly
owned treatment works (POTW).
B.
WTMA reserves the right to sample and to have the samples analyzed
from users beyond its geographical boundaries. Said users will be
responsible for all costs related thereto.
C.
Intermunicipal agreements shall be written or amended to contain
a provision to allow the Warwick Township Municipal Authority the
right to bring direct enforcement action against a user, as agent
for the user's municipality. The Authority will, if necessary,
bring action against the customer authority for failure of the authority
to enforce its municipal ordinance by appropriate legal and/or equitable
relief.
D.
Furthermore, intermunicipal agreements shall be written or amended
to indicate that the Authority is responsible for updating the industrial
waste surveys of intermunicipal users. All such intermunicipal agreements
must indicate that the Authority is responsible for permitting intermunicipal
users. If joint permits are issued, the agreement must indicate that
the Authority is responsible for preparing draft permits. Intermunicipal
agreements also must indicate that the WTMA will have the primary
duty to inspect the facilities of the user. The municipality must
acknowledge the Authority's ability to enter the facilities of
intermunicipal users periodically to verify compliance with applicable
pretreatment requirements. The municipality or customer authority
must agree to provide the Authority with access to all records compiled
as part of its pretreatment program activities.
E.
Under emergency or apparent emergency conditions, the Authority will
attempt to advise the customer authority of the nature of the emergency
and, whether or not contact is made, the Authority will take whatever
steps are necessary to eliminate the cause of the condition.
The Authorities must provide for annual public notification
in the largest daily newspaper circulated in Warwick Township the
names of those users in significant noncompliance with applicable
pretreatment requirements during the previous 12 months.
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F-Penalty Costs
|
A.
Any user who is found to have violated an order of the Authority
or who failed to comply with provisions of this article, and the orders,
rules, regulations and permits issued hereunder, shall be fined no
less than $300 nor more than $1,000 for each offense. Each day on
which a violation shall occur or continue shall be deemed a separate
and distinct offense. All fines and penalties shall be paid directly
to the Authority and are civil in nature. In addition to the penalties
provided herein, the Authority may recover any expenses it may have
incurred in determining that the user is a violator of this article,
including but not limited to costs related to investigating, sampling,
and analyzing the violation. Furthermore, the Authority is entitled
to recover expenses of litigation, including reasonable attorneys'
fees, court costs, court reporter's fees, fees of professionals
and experts and other expenses of litigation.
B.
In addition to the penalties in this article, the Authority has been
empowered by PA Act 9 of 1992 (35 P.S. § 752.4) to levy
civil penalties of up to $25,000 per day for each occurrence.
C.
Any user who is found to have willfully or negligently failed to
comply with a provision of this article may be subject to criminal
penalties of up to one year in prison, fines, or both.
Any person who knowingly makes any false statement, representation,
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article,
or its wastewater discharge permit, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required
under this article shall, upon conviction, be punished by a fine of
not more than $1,000 or by imprisonment for not more than 30 days
or by both and, at the discretion of the Authority, by permanent severance
of sewage service.
