West Rockhill Township, PA Article I Public Sewer Use

§ 414-1 General provisions.

A. The purpose and policy of this article to set forth uniform requirements for direct and indirect contributors into the wastewater collection systems owned and operated by East Rockhill Township, Sellersville Borough, Telford Borough Authority, and Pennridge Regional Authority located in West Rockhill Township from which sewage flows and is treated by the Pennridge Wastewater Treatment Plant (PWTP), or any other publicly owned wastewater treatment works (POTW) serving West Rockhill Township to effect compliance with applicable state and federal laws required by the Clean Water Act of 1977[1] and subsequent amendments and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this article are:

(1) To prevent the introduction of pollutants into any wastewater collection and treatment system (sewer system) serving West Rockhill Township (Township) that will interfere with the operation, contaminate the biosolids generated at a POTW, or will otherwise be incompatible with the sewer system;

(2) To prevent the introduction of pollutants into any sewer system serving the Township that will be inadequately treated and thus will pass through the sewer system into the receiving waters or the atmosphere;

(3) To protect the environment, the general public, the Township and any POTW personnel against the hazards associated with discharges of toxic or otherwise incompatible pollutants into the sewer system;

(4) To improve the opportunity to recycle and reclaim industrial wastewaters and biosolids from the sewer system;

(5) To provide for equitable distribution of the cost for the development and implementation of a POTW's industrial pretreatment program and other improvements to the sewer system;

(6) To help assure compliance with a POTW's National Pollutant Discharge Elimination System (NPDES) permit, biosolids use and disposal requirements, the Clean Water Act, the general pretreatment regulations, and any other state or federal laws with which the Township or a POTW must comply.

[1] Editor's Note: See 33 U.S.C. § 1251 et seq.

B. Except as otherwise provided herein, the provisions of this article will be implemented and enforced by the Township and the appropriate POTW officials through issuance of wastewater contribution permits to those industrial/commercial users meeting the EPA's definition of a significant industrial user (SIU); through monitoring, reporting, and enforcement of this article with these significant industrial users and all other users. This article also assumes that the capacity of the sewer system allocated to existing customers will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from development and implementation of the program established herein.

§ 414-2 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases as used in this article shall have the meanings hereinafter designated:

ACT or THE ACT

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

APPROVAL AUTHORITY

The United States Environmental Protection Agency (EPA).

AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT USER

A. A principal executive officer of at least the level of vice president, if the user is a corporation.

B. A general partner or proprietor, if the user is a partnership or proprietorship, respectively.

C. A director or highest official appointed or designated to oversee operations and performance, if the user is a federal, state or local governmental facility.

D. The manager of one or more manufacturing, production or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations; and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

E. A duly authorized representative of the individual identified in Subsections A through D of the definition of "authorized representative of a significant user," if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates and a written request for designation of an alternate representative is approved by the POTW.

BEST MANAGEMENT PRACTICES (BMPs)

Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and § 414-4A of this article. 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.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen consumed in the biochemical oxidation of organic matter under the standard five-day laboratory procedure, at 20° C., expressed in terms of weight and concentration, [milligrams per liter (mg/l)].

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limitations promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act[1] and appearing in 40 CFR Chapter I, Subchapter N, Parts 401 through 471.

COMPATIBLE POLLUTANT

A pollutant for which any POTW was specifically designed to treat and remove, such as biochemical oxygen demand (BOD), total suspended solids (TSS), ammonia nitrogen (NH3-N), Total phosphorus (P), and, to a lesser degree, oil and grease.

CONTROL AUTHORITY

Refers to the manager or any other authorized official of any POTW having an approved pretreatment program under the provisions of 40 CFR 403.11.

DEP

The Pennsylvania Department of Environmental Protection or, where appropriate, the term may also be used as a designation for the Secretary or other duly authorized official of said agency.

ENFORCEMENT RESPONSE PLAN (ERP)

A plan developed by a POTW which details the responses that will be taken by the POTW for various violations of this article, a categorical pretreatment standard, or any other pretreatment requirement. The ERP is a supplement to this article and is available through the Township or POTW.

ENVIRONMENTAL PROTECTION AGENCY (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.

EQUIVALENT DWELLING UNIT (EDU)

Any source of wastewater into the sewer system within the Township which has the following typical wastewater characteristics:

Flow	275 gpd
Ammonia-nitrogen, as N (NH3-N)	25 mg/l
Biochemical oxygen demand (BOD5)	250 mg/l
Phosphorous, as P	10 mg/l
Total suspended solids (TSS)	250 mg/l
Total Kjeldahl nitrogen (TKN)	40 mg/l

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.[2]

GRAB SAMPLE

A sample that is taken from a waste stream on a one-time basis over a period of time not to exceed 15 minutes, with no regard to the flow in the waste stream. To fulfill EPA's general pretreatment regulations, all grab samples taken pursuant to this article shall consist of a minimum of four samples taken individually and flow composited in the laboratory, or analyzed separately and averaged.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants into the sewer system, including holding tank waste discharged into the system as outlined in 40 CFR 403.31(g) and Sections 307(b), (c), and (d) of the Act.[3]

INDUSTRIAL USER

Any nondomestic source of indirect discharge to any sewer system serving the Township.

INTERFERENCE

A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the sewer system treatment processes, operations, or its biosolids processes, use or disposal; and therefore is a cause of a violation of any requirement of a POTW NPDES permit. The term includes prevention of biosolids use, processing, and disposal by the receiving treatment facility in accordance with Section 405 of the Act, (33 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA),[4] the Clean Air Act,[5] the Toxic Substances Control Act,[6] or more stringent state criteria, including those contained in any state biosolids management plan prepared pursuant to Title IV of SWDA and applicable to the method of disposal or use employed by the receiving treatment facility.

MANAGER

The person designated by any POTW to supervise the overall operation of the treatment system and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

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

NEW SOURCE

Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act[7] which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

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

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

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

NONCONTACT COOLING WATER

Water used for cooling purposes which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

PASS-THROUGH

A discharge that exits the POTW into 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 the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

pH

A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, biosolids, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharge into any sewer system serving the Township.

PRETREATMENT or TREATMENT

The reduction of the quantity of pollutants, the elimination of pollutants, the alteration of the nature 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 any sewer system serving the Township. The reduction or alteration can be obtained by physical, chemical, or biological processes, or by process changes, or by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment including those promulgated by the EPA under the Act, and those established by any POTW.

PRETREATMENT STANDARDS

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

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works (serving the Township, such as the Pennridge Wastewater Treatment Authority plant and the Telford Borough Authority plant) as defined by Section 212 of the Act (33 U.S.C. § 1292). This definition includes any sewers that convey wastewater to a POTW plant, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment.

SIGNIFICANT INDUSTRIAL USER

Any nondomestic user of any sewer system serving the Township who:

A. Is subject to categorical pretreatment standards;

B. Discharges an average of 25,000 gallons per day process wastewater to any sewer system serving the Township;

C. Contributes a process waste stream that makes up a 5% or more of the average dry weather hydraulic or organic capacity of a POTW;

D. Is designated as such by the Township on the basis that the user has a reasonable potential for adversely affecting the operation of any POTW, the quality of the biosolids generated at any POTW, or for violating any pretreatment standard or requirement.

SIGNIFICANT INDUSTRIAL USER PERMIT

A permit issued by any POTW to an industrial/commercial user in accordance with § 414-6D of this article.

SIGNIFICANT NONCOMPLIANCE (SNC)

An industrial user or user is in significant noncompliance if its violation meets one or more of the specific criteria set forth in 40 CFR 403.8(f)(2)(viii). For purposes of this definition, a user is in significant noncompliance if its violations meet one or more of the following criteria:

A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1).

B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C. 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 municipal personnel or the general public);

D. Any discharge of pollutants that has caused imminent endangerment to the public health and welfare or to the environment, or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;

E. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater contribution permit or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violation(s), which may include violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG CONTROL PLAN

All significant industrial users are required to submit to the appropriate POTW a slug control plan that meets the criteria set forth in § 414-4F of this article.

SLUG DISCHARGE/SLUG LOAD

Any pollutant released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) or § 414-4A of this article and/or any discharge of nonroutine nature, episodic nature, including but not limited to accidental spills or noncustomary batch discharges, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's prohibited discharge standards, local limits, NPDES permit conditions or any other condition of its rules and regulations.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting exclusively therefrom.

TOTAL SUSPENDED SOLIDS (TSS)

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

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the Clean Water Act, or other acts promulgated by the federal or state governments.

USER

Any person who contributes, causes, or permits the contribution of wastewater into any sewer system serving the Township.

WASTEWATER

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

WASTEWATER COLLECTION AND TREATMENT (SEWER) SYSTEM

All collection and transportation lines and/or facilities of the Telford Borough Authority, Sellersville Borough and/or any other duly authorized provider of sewer service located within the geographic boundaries of West Rockhill Township.

WATERS OF THE STATE

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

[1] Editor's Note: See 33 U.S.C. § 1317(b) and (c).

[2] Editor's Note: See 33 U.S.C. § 1317.

[3] Editor's Note: See 33 U.S.C. § 1317(b), (c) and (d).

[4] Editor's Note: See 42 U.S.C. § 6901 et seq.

[5] Editor's Note: See 42 U.S.C. § 7401 et seq.

[6] Editor's Note: See 15 U.S.C. § 2601 et seq.

[7] Editor's Note: See 33 U.S.C. § 1317(c).

§ 414-3 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD	Biochemical Oxygen Demand
CFR	Code of Federal Regulations
COD	Chemical Oxygen Demand
CWA	Clean Water Act
DEP	Department of Environmental Protection
EPA	U.S. Environmental Protection Agency
mg/l	Milligrams per liter
NH3-N	Ammonia nitrogen, as N
NPDES	National Pollutant Discharge Elimination System
O&M	Operation and maintenance
POTW	Publicly owned treatment works
PWTA	Pennridge Wastewater Treatment Authority
SIC	Standard industrial classification
SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TKN	Total Kjeldahl nitrogen
TSS	Total suspended solids
USC	United States Code

§ 414-4 Regulations.

[Amended 3-19-2025 by Ord. No. 250]

A. General.

(1) No user or significant industrial user may contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater that will cause a pass-through or interference in any sewer system serving the Township, will create a hazard to the environment, the general public, any POTW or Township personnel, or will cause any POTW to violate any general pretreatment regulation, NPDES permit or biosolids requirement. These general prohibitions apply to all such users of a sewer system, whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards for requirements.

(2) A user or significant industrial user may not contribute the following substances to any sewer system serving the Township:

(a) Any liquids, solids, or gases that, 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 sewer system or will disrupt the operation of the sewer system. 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). Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, hydrides, sulfides, aldehydes, peroxides, chlorates, perchlorates, bromates and carbates, and any other substance that presents a fire hazard or other hazard to the sewer system, including any material or waste stream exhibiting a closed cup flashpoint of less than 140° F. (i.e., waste streams whose vapors ignite or burn at temperatures below 140° F.).

(b) Solid or viscous substances (which may cause obstruction to the flow in a sewer system, cause interference with the operation of the wastewater treatment facilities or cause pass-through at any POTW) such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, mud, glass grinding, polishing wastes, petroleum oil, and nonbiodegradable cutting oil or mineral oil products.

(c) Any wastewater having a pH less than 5.0 or greater than 11.0 standard units, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the sewer system or POTW.

(d) Any wastewater containing toxic pollutants in sufficient quantity, either alone or in conjunction with other pollutants, that will cause a pass-through or interference in any sewer system serving the Township, will create a hazard to the environment, the general public, Township or any POTW personnel, or will cause any POTW to violate any general pretreatment regulation, NPDES permit or biosolids requirement. These general prohibitions apply to all such users of a sewer system, whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.[1]

[1] Editor's Note: See 33 U.S.C. § 1317(a).

(e) Any noxious or malodorous liquids, gases, vapors, solids, or fumes that, either alone or in conjunction with other wastes, are sufficient to create a public nuisance or hazard to life, cause health and safety problems, or are sufficient to prevent entry into the sewers for maintenance and repair.

(f) Any substance that may cause any POTW's effluent or any other product of any sewer system serving the Township, such as residues, biosolids, or scums, to be unsuitable for reclamation and reuse, or which will interfere with the reclamation process. In no case shall a substance discharged to any sewer system serving the Township cause any POTW to be in noncompliance with its biosolids use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act;[2] or developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the biosolids management method being used.

[2] Editor's Note: See 33 U.S.C. § 1345.

(g) Any substance that will cause any POTW to violate its NPDES permit or the receiving stream water quality standards.

(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 having a temperature that will inhibit biological activity in the sewer system or POTW resulting in interference, but in no case wastewater with a temperature at the introduction into the sewer system that will result in a POTW influent flow exhibiting a temperature which exceeds 40° C. (104° F.).

(j) Any pollutants, including oxygen demanding pollutants (BOD, COD, etc.), released at a flow rate and/or pollutant concentrations that cause interference to the sewer system. In no case shall wastewater be discharged at a flow rate or containing concentrations or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities, or flow during normal operation of that particular industry.

(k) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by any POTW in compliance with applicable state or federal regulations.

(l) Any wastewater that causes a hazard to human life or creates a public nuisance.

(m) Stormwater, groundwater, roof runoff, subsurface drainage, or cooling water.

(n) Trucked or hauled wastes except at a point of discharge indicated by the POTW manager or his duly authorized agent.

(o) Wastewater having an oil and grease concentration greater than 100 mg/l.

(3) When the Township or any POTW determines that a user or significant industrial user is contributing to any sewer system serving the Township any of the above prohibited substances, that POTW manager may advise the user of the impact of such contributions on the sewer system and develop effluent limitations and compliance schedules which the user must meet to correct the violation.

(4) The POTW or the Township may take enforcement actions(s) against the noncomplying user or significant industrial user regardless of whether the user or significant industrial user was given prior notification of the violation by the POTW.

B. Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. Each user or significant industrial user shall be responsible to notify the Township and the appropriate POTW of changes to his status under the federal, state, or local regulations. The categorical pretreatment standards found in 40 CFR Chapter 1 Subchapter N Part 405-471 are also hereby incorporated into this article.

(1) Where a categorical pretreatment standard is expressed only in terms of the mass or the concentration of a pollutant in wastewater, the appropriate POTW manager may impose equivalent concentration or mass limits in accordance with 40 CFR part 403.6(c).

(2) Where process wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the appropriate POTW manager shall impose an alternate limit using the combined waste stream formula in 40 CFR part 403.6(e).

(3) A user may obtain a variance from EPA from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR Part 403.13, that factors relating to his facility's discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.

(4) A user may obtain a net gross adjustment to a categorical pretreatment standard in accordance with 40 CFR part 403.15.

C. Modification of federal categorical pretreatment standards. Where any POTW achieves consistent removal of pollutants limited by federal categorical pretreatment standards, that POTW may apply to the approval authority for modifications of specific limits in the federal categorical pretreatment standards. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the sewer system to a less toxic or harmless state in the effluent, which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403 - "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The POTW may then modify the pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7, are fulfilled, and prior approval from the approval authority is obtained.

D. Specific pollutant limitations.

(1) All wastewater entering the sanitary sewer system shall be pretreated to typical domestic levels unless otherwise stated in writing by the POTW by way of the significant industrial user permit. Typical domestic levels and specific pollutant limitations may require periodic change because of changing NPDES requirements, required reevaluations of the local limits analysis, or other reasons. At the time when such change becomes necessary, modified local limits will be established and formally adopted by the POTW after modifications have been approved by the approval authority (USEPA). Upon recommendation and approval by the POTW, industrial pretreatment limitations shall be established and revised by West Rockhill Township by amendment of the this article. All existing limitations shall apply, even after recommendation and approval of modifications by the POTW, until such time that the amendment of this article is lawfully adopted and effective.

(2) Typical domestic levels for compatible pollutants shall be:

Parameter	Maximum Concentration (mg/l)
Biochemical oxygen demand (BOD5)	2501
Total suspended solids (TSS)	2501
Phosphorus (total as P)	101
Total Kjeldahl nitrogen (TKN)	40 as N1

NOTE:
1	Users may exceed the maximum concentrations listed for these parameters, but will be surcharged according to the POTW's high-strength surcharge formula. Copies of this formula can be obtained from the Manager.

(3) No user shall contribute toxic pollutants to the PWTA sewer collection system in excess of the local limits identified in the PWTA's most recent USEPA-approved local limits evaluation. The approved local limits evaluation is available for public inspection at the offices of the Authority, 180 Maple Avenue, Sellersville, Pennsylvania, during the regular business hours of the PWTA. At its discretion, the PWTA may establish alternate mass limits for specific toxic pollutants in individual wastewater contribution permits, but only in accordance with regulatory requirements. At no time shall the total loading allocated to the users in their permits for a specific pollutant be greater than the allowable wastewater treatment plant industrial loading as determined in the PWTA's most recent USEPA-approved local limits evaluation. The local limits, if more stringent than the national categorical standards, shall supersede the national categorical standards.

(4) The POTW, at its sole discretion, may develop best management practices (BMPs) to comply with 40 CFR 403.5(c)(1). Such BMPs shall be considered local limits and pretreatment standards for the purposes of 40 CFR 403 and Section 307(d) of the Clean Water Act.[3] The POTW, also at its sole discretion, may allow a user to implement BMPs to meet the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and § 414-4A of this article. BMPs may also be implemented in addition to an approved limit or prohibition. If BMPs are allowed, they will be implemented through user permits. Authorization of BMPs, in place of or in addition to approved limits or prohibitions, does not relieve the user of responsibility to comply with approved limits or prohibitions.

[3] Editor's Note: See 33 U.S.C. § 1317(d).

(5) The Manager or his duly authorized representative shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all compliance requirements are being met. Persons or occupants of premises connected to the POTW's wastewater collection and treatment system shall allow the Manager or his representative ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination and/or copying of same, or in the performance of any of his duties. The POTW (or its designated agent) has the right to set upon a user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations. Where a user has security measures in force that require proper identification and clearance before entry into his premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, personnel from the Authority or the POTW will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

E. Dilution. No user or significant 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 the limitations contained in the federal categorical pretreatment standards, or with any other pollutant-specific limitation developed by the Township, the appropriate POTW, state, or federal agencies.

F. Slug discharge.

(1) Each user shall provide protection from slug discharge of prohibited materials or other substances regulated by this article. To prevent the discharge of prohibited materials, facilities shall be provided and maintained at the user's or significant industrial user's own cost and expense. In the case of a slug discharge which has the potential to violate any of the specific provisions contained in 40 CFR 403.5, or to pass-through or interfere with the POTW, it is the responsibility of the user to immediately telephone and notify the Township and appropriate POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions taken to minimize and eliminate the violation.

(2) Also, within five days following a slug discharge, the user shall submit to the Township and the appropriate POTW a detailed written report that shall contain the following information:

(a) The cause of the noncompliance;

(b) The approximate time that this condition occurred and whether it has been corrected;

(c) The steps taken by the user to reduce and minimize the impact of the noncompliance;

(d) The steps taken by the user to prevent a reoccurrence of the conditions that caused or let to the accidental or slug loading.

(3) Submission of such a report shall not relieve the user or significant industrial user of any fines, civil penalties, or other liability that may be imposed as described in this article, the appropriate POTW enforcement response plan, or any other applicable law.

(4) In addition, each POTW will evaluate at least once per year whether a significant industrial user needs to develop or update a slug control plan. Detailed slug control plans showing facilities and operating procedures to provide slug control protection shall be submitted to the appropriate POTW for review and approval prior to implementation. A slug control plan shall contain, at a minimum, the following information:

(a) A description of discharge practices, including routine or nonroutine batch discharges;

(b) A description of new and spent chemical storage procedures;

(c) Procedures for immediately notifying the appropriate POTW of any accidental or slug discharge, including personnel responsible for such notifications;

(d) Procedures to prevent adverse impact from an accidental or slug discharge. Such procedures shall include, but are not limited to, inspection and maintenance of chemical storage areas, handling and transferring of raw and finished products and chemicals, control of site runoff, worker training, building of containment structures, available containment equipment, and contacted environmental services that assist the user to fulfill these plans.

(5) A significant industrial user who commences contribution to the sewer system after the effective date of this article shall not be permitted to introduce pollutants into the system until a slug control plan has been approved by the appropriate POTW. Review and approval of such plans and operating procedures shall not relieve the significant industrial user from the responsibility to modify his facility, as necessary, to meet the requirements of this article.

(6) All users are required to notify the POTW immediately of any changes at their facilities affecting the potential for an accidental discharge and/or slug discharge to the POTW.

G. Discharge monitoring equipment. The appropriate POTW and Township are given the right to require any user of the wastewater collection and treatment system serving the Township to install permanent sampling equipment in order to determine compliance with this article. The type of sampling equipment and installation location must be reviewed and approved by the appropriate POTW.

H. Notice to employees. A notice shall be permanently posted on the significant industrial user's bulletin board or other prominent place advising employees whom to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who may be involved with hazardous materials are aware of such emergency notification procedures.

§ 414-5 Fees.

A. Purpose. It is the purpose of this section to provide for the recovery of costs from users and significant industrial users of any wastewater collection and treatment system serving the Township for the implementation of the program established herein. The applicable charges or fees shall be set forth by each POTW and the Township's Schedule of Charges and Fees.

B. Charges and fees.

(1) The Township and/or each POTW may adopt charges and fees by separate written resolution that may include:

(a) Fees for reimbursement of the costs of developing and implementing an industrial pretreatment program;

(b) Annual permit fees for recovering costs associated with monitoring, inspection, and sampling activities essential to implementation of an industrial pretreatment program;

(c) Fees for reviewing accidental discharge procedures and construction plans;

(d) Fees for review of permit applications;

(e) Fees associated with the review of permit appeals;

(f) Fees for consistent removal by a POTW of pollutants otherwise subject to federal pretreatment categorical standards;

(g) Surcharge fees for all sewerage discharged into the sewer system which exhibit concentrations of certain compatible pollutants in excess of the limitations established in § 414-4D;

(h) Other fees a POTW and/or the Township may deem necessary to carry out the requirements contained herein.

(2) These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Township and/or a POTW.

§ 414-6 Administration.

A. Wastewater discharges.

(1) It shall be unlawful for any user to discharge any wastewater to any sewer system serving the Township, or within the service area of any POTW, except as authorized in writing by the appropriate POTW in accordance with the provisions of this article. The Township or the appropriate POTW may require any unpermitted or permitted users of the sewer system to provide any information needed to determine compliance with this article or other applicable local, state, or federal laws, rules, or regulations. These requirements include, but are not limited to:

(a) Wastewater discharge peak rate and volume records over a specified time period;

(b) Information on raw materials, processes, and products affecting wastewater volume and quality;

(c) Quantity and disposition of specific liquid, biosolids, oil, solvent, or other materials that may impact the operation of any sewer system serving the Township and/or any POTW;

(d) A plot plan of all sewer facilities on the user's property, including the number and location of all sewer lateral connections to any sewer system serving the Township;

(e) Details of control measures taken by the user to prevent and control stormwater, drainage, roof runoff, from entering any sewer system serving the Township.

(2) In addition, all users are required to provide details of any significant changes to the nature or quantity of their discharge, including increased flows of 25% or more or the promulgation of a categorical pretreatment standard that applies to their discharge, at least 90 days prior to commencing the "changed" discharge.

(3) Costs incurred for developing the information described above shall be paid by the user and are in addition to all other sewer use permit, and surcharge fees charged by a POTW or Township.

(4) The user shall be responsible for obtaining and submitting all applicable Authority, municipal, county, regional, state, or federal permits or planning documents required for approval of a sewer connection. It is also the responsibility of each user to notify the Township and the POTW of wastewater discharges containing materials which would be considered hazardous if disposed of in any other manner.

B. Significant industrial user permits. All users proposing to connect into, or already connected into any sewer system serving the Township who are deemed a significant industrial user through POTW review of the waste questionnaire or permit application, must obtain a wastewater contribution permit from the appropriate POTW 90 days prior to commencing discharge. In addition, whenever an existing insignificant industrial user becomes subject to a new categorical pretreatment standard, the user must reapply to the POTW for a significant industrial user wastewater contribution permit within 180 days of the promulgation of the categorical standard. Based on the review of this data, the POTW may reissue the wastewater contribution permit for this significant industrial user as soon as possible after incorporating the applicable standards.

(1) Permit application.

(a) Any user required to obtain a significant industrial user permit shall complete and file with the appropriate POTW an application in the form prescribed by the POTW, accompanied by the required permit filing fee. In support of the application, the significant industrial user shall submit in units and terms appropriate for evaluation, all items required in 40 CFR 403.12(b), including the following information:

[1] Name, address, and location of the facility (if it is different from the address);

[2] SIC number, according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

[3] Wastewater constituents and characteristics, including but not limited to those parameters listed in § 414-4 of this article, as determined by an approved analytical laboratory. This sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act,[1] and contained in 40 CFR, Part 136, as amended;

[1] Editor's Note: See 33 U.S.C. § 1314(g).

[4] Time and duration of wastewater contribution;

[5] Average daily and thirty-minute peak wastewater flow rates, including daily, monthly, and seasonal variation, if any;

[6] Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation;

[7] Description of activities, facilities, and production processes on the premises, including all materials that have a potential for entering the sewer system either accidentally or by purpose;

[8] The nature and concentration of any pollutants in the discharge which are limited by any Township, state, or federal categorical pretreatment standards; and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M), source reduction efforts and/or additional pretreatment is required for the significant industrial user to meet applicable pretreatment standards.

[9] If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the schedule by which the significant industrial user will provide such additional pretreatment. For significant industrial users subject to federal categorical pretreatment standards, the completion date in this schedule can be no later than the compliance date established by the EPA for the applicable pretreatment standard. The following shall also apply to this schedule:

[a] The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment facilities required for the significant industrial user to meet the applicable pretreatment standards. This may include dates for installing a sampling manhole, hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc;

[b] No increments referred to in Subsection B(1)(a)[9][a] shall exceed nine months;

[c] No later than 14 days following each date in the schedule and the final date for compliance, the significant user shall submit a progress report to the appropriate POTW, including, as a minimum, whether or not he has complied with the increment of progress to be met on such date, and, if not, the date on which he expects to comply with this increment of progress; the reason for delay; and the steps he is taking to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the POTW.

[d] Each product produced by type, amount, process or processes and rate of production;

[e] Type and amount of raw materials processed (average and maximum per day);

[f] Number and type of employees, the hours of plant operation, and the proposed or actual hours of pretreatment system operation;

[g] Any other information as may be deemed by the POTW necessary to aid in evaluating the permit application.

[10] A list of any environmental control permits held by or for the facility.

(b) The POTW will evaluate the data furnished by the significant industrial user and will notify the user of any additional information necessary to complete the application review process. After evaluation and acceptance of the data supplied, the POTW may approve the issuance of a signification industrial user permit subject to terms and conditions provided herein.

(2) Permit conditions. Significant industrial user permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges, and fees established by the Township or any POTW by way of separate resolution. The permit may contain, but is not limited to, the following requirements:

(a) Statement of duration;

(b) Statement on nontransferability;

(c) All applicable pretreatment standards for the discharge of pollutants;

(d) Limits on average and maximum flow rate and time discharge, or requirements for flow regulations and equalization;

(e) Requirements for installation and maintenance of inspection and sampling facilities;

(f) Specifications for monitoring programs that may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule;

(g) A schedule for achieving compliance with this article or any other pretreatment requirement;

(h) Requirements for submission of technical reports or discharge reports [see Subsection B(3) of this section];

(i) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the appropriate POTW; and allowing the POTW access thereto;

(j) Requirements for ninety-day prior notification of the POTW and Township of the introduction of any new wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the sewer system;

(k) Requirements for:

[1] Immediate notification of slug discharges to the POTW in accordance with § 414-4F of this article;

[2] Immediate notification of any changes by the user at their facility affecting the potential for an accidental discharge and/or slug discharge to the POTW; and/or

[3] Development and implementation of slug control measures.

(l) Specification of type and amount of raw materials and finished products processed (average and maximum per day);

(m) Statement of all applicable civil or criminal penalties for noncompliance;

(n) Other conditions as deemed necessary by the Township or the POTW to ensure compliance with this article;

(o) Requirements for development and implementation of best management practices (BMPs) and recordkeeping and reporting for BMPs.

(3) Reporting requirements in permits.

(a) Compliance data report. 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 sewer system, any significant industrial user subject to federal categorical pretreatment standards shall submit to the POTW a report indicating the nature and concentration of all pollutants in the discharge from the regulated process that are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis, and, if not, what additional O&M and/or pretreatment is necessary to bring the significant industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the significant industrial user and certified by a qualified professional engineer.

(b) Periodic compliance reports.

[1] Every significant industrial user shall have his wastewater sampled and analyzed at a frequency specified in the wastewater contribution permit, but in no case less than two times per year. The frequency and number of pollutants analyzed for will be specific for each industry. The sampling must be representative of the user's typical discharge during that reporting period. The POTW may at any time require the significant industrial user to perform additional sampling if it believes the conditions of this article are not being met. The significant industrial user must submit to the POTW during the months of June and December, unless required more frequently by the POTW, an update report indicating any process, production, or flow rate changes that have occurred during the previous six-month period and all sampling requirements specified above. This report will also include a record of all daily flow that, during the reporting period, exceeded the average daily flow allowed in the contract. At the discretion of the POTW and in consideration of such factors as local high- or low-flow rates, holiday, budget cycles, etc., the POTW may agree to alter the months during which the above reports are to be submitted.

[2] The POTW may impose mass limitations on significant industrial users that combine nonregulated waste streams with categorical process waste streams prior to the sampling point or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(3)(b)[1] of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass of pollutants contained therein that are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established pursuant to Section 304(g) of the Act,[2] and contained in 40 CFR Part 136 and amendments thereto, or with any other EPA-approved test procedures. Sampling shall be performed in accordance with approved techniques.

[2] Editor's Note: See 33 U.S.C. § 1314(g).

[3] When the results of this sampling indicate noncompliance with any requirement of this article, the User must notify the POTW within 24 hours after becoming aware of the violation(s). The user must also resample their discharge and submit these results to the POTW within 30 days. Additionally, all wastewater discharge sampling results obtained by the user, whether or not required specifically by their wastewater contribution permit, must be submitted to the POTW.

[4] All measurements, tests, and analyses required for determining the characteristics of waters and wastewaters to which reference is made in this article shall be performed in accordance with 40 CFR Part 136. Sampling methods, locations, times, durations, and frequencies are to be determined on an individual basis and will be specified in the individual wastewater contribution permits issued to the significant industrial users.

[5] If the POTW performs the required monitoring of the user's wastewater discharge, the POTW will either perform any required repeat sampling and analysis within 30 days of becoming aware of a violation or direct the user to perform any required repeat sampling and analysis within 30 days of becoming aware of a violation.

(c) BMP compliance information. If a user must implement a BMP to comply with federal pretreatment standards or requirements, the POTW's prohibited discharge standards, local limits, or any other condition of this part, the user shall submit any and all documentation required by the POTW or the pretreatment standard at the frequency specified by the POTW or pretreatment standard to evaluate compliance. The user must include information on compliance with any applicable BMPs in baseline monitoring reports, ninety-day compliance reports and periodic compliance reports. The POTW may also require any user to submit additional BMP related information or data at any frequency it deems necessary to determine compliance with federal pretreatment standards or requirements or the authority's rules and regulations.

(4) Permit duration. Permits shall be issued by the POTW for a specified time period, not to exceed five years. Each significant industrial user shall apply for a reissuance of his wastewater contribution permit a minimum of 180 days prior to the expiration of his existing permit. The terms and conditions of the permit may be subject to modification by the POTW during the term of the period, as limitations or requirements as identified in § 414-4 are modified or other just cause exists. A significant industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Where necessary, a schedule for complying with these changes or new conditions may also be issued by the POTW.

(5) Permit modifications. Upon the promulgation of a categorical pretreatment standard, a significant industrial user subject to such standards shall have his wastewater contribution permit revised to require compliance with such standards.

(6) Permit transfer. Wastewater contribution permits are issued to a specific significant industrial user for a specific operation. These permits shall not be reassigned, transferred, or sold to a new owner, used for different premises, or used for a new or changed operation.

(7) Signatory requirement. All reports, applications, or other information required to be submitted under this article shall be signed by an authorized representative of the user and shall contain the following certification:

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 ensure 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 civil and criminal penalties.

C. Monitoring facilities. The appropriate POTW Manager or his duly authorized representative shall inspect the facilities of any user to ascertain whether the purpose of this article are being met and all compliance with requirements are being met. Persons or occupants of premises where wastewater is created or discharged shall allow the POTW Manager or his representative ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination and/or copying of same, or in the performance of any of his duties. The POTW has the right to set upon a user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations. Where a user has security measures in force that require proper identification and clearance before entry into his premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, personnel from the POTW will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

D. Pretreatment. Users and significant industrial users shall provide necessary wastewater treatment as required to comply with this article and any applicable federal categorical pretreatment standards within the time limitations as specified by their POTW or in the federal pretreatment regulations. Any equipment or facilities required by the user to pretreat wastewater to a level acceptable to their POTW shall be provided, operated, and maintained at the user's expense. The POTW may require that detailed plans showing the pretreatment facilities and operating procedures to be submitted for review and be deemed acceptable to the POTW before construction of the facility. The review of such plans and operating procedures will in no way relieve a user from the responsibility of modifying his facility as necessary to produce an effluent acceptable to the POTW under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation, or any change that may result in a new or increased discharge of pollutants, shall be reported to and be accepted by the POTW prior to the initiation of the changes.

E. Record keeping requirements.

(1) Users subject to the reporting requirements of this article shall maintain, and make available for inspection and copying by the POTW, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and records associated with implementation of BMPs. 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 and any other information or data deemed necessary by the POTW. 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 POTW, or where the user has been specifically notified of a longer retention period by the POTW.

(2) All records relating to compliance with pretreatment standards shall be made available to the Township, the POTW, the DEP or EPA upon request.

F. Confidential information.

(1) Information and data on a user or significant industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections, shall be made available to the public or governmental agencies without restrictions unless the user or significant industrial user specifically requests and is able to demonstrate to the satisfaction of the POTW that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user or significant industrial user.

(2) When requested by the person furnishing a report, those portions of a report that might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available, upon written request, to governmental agencies for uses related to this article, the NPDES permit, biosolids disposal/reuse forms, and/or the general pretreatment regulations. Any such portions of a report shall also be available for use by any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(3) Information accepted by the POTW as confidential shall not be transmitted to the general public by the POTW until after a ten-day notification is given to the user or significant industrial user.

G. Falsifying information. Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article or user or significant industrial user permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall be punished as provided by law and shall be subject to the fines set forth in § 414-7.

H. Sampling requirements. Wastewater samples collected to comply with any provision of this article shall meet the following requirements:

(1) Samples shall be collected using twenty-four-hour flow proportional composite collection techniques. In the event that flow proportional composite sampling is not warranted in the opinion of the POTW, the POTW may authorize the use of time proportional composite sampling or grab sampling. Where time proportional composite sampling or grab sampling are authorized by the POTW, the samples must be representative of the discharge and the POTW will solely determine the number of grab samples required.

(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using standard grab collection techniques.

(3) The POTW may allow multiple grab samples collected during a twenty-four-hour time period for certain parameters to be composited in the field or in the laboratory prior to analysis if proper protocols specified in 40 CFR Part 136 and appropriate EPA guidance documents are followed. For cyanide, total phenols and sulfides, the samples may be composited in the laboratory or in the field. For volatile organics and oil and grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the POTW, as appropriate.

(4) Sampling techniques prescribed in 40 CFR Part 136, as amended, shall be followed.

(5) The POTW shall be notified a minimum of 48 hours prior to the collection of a sample(s) by a user and may observe the collection of any sample.

(6) If a user does not follow proper sample collection protocols and/or techniques, all samples collected inappropriately shall be discarded and recollected at the sole expense of the user.

(7) Sampling facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its sampling location or facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(8) All sampling locations utilized to meet the discharge monitoring provisions of this article shall be approved by the POTW.

(9) All samples collected to meet the provisions of the federal pretreatment regulations or this article shall be representative of the user's wastewater discharge.

I. Analytical requirements. Wastewater pollutant analyses completed to comply with any provision of this article shall meet the following requirements:

(1) All pollutant analyses shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical standard. If 40 CFR Part 136 does not contain analytical techniques for the pollutant in question, analyses must be performed in accordance with procedures approved by the Administrator.

(2) The user shall provide the POTW with the name, address and telephone number of any contract laboratory intended to be utilized for pollutant analyses at least 48 hours prior to the collection of any samples. The POTW may recommend the use of an alternate contract laboratory.

(3) Copies of laboratory analysis results shall be forwarded to the user and the POTW simultaneously.

(4) Laboratory analysis results obtained by a user following improper protocols or deemed technically deficient by the POTW shall be discarded and samples shall be reanalyzed at the sole expense of the user.

§ 414-7 Enforcement.

A. Notification of violation. Whenever the Township or the POTW finds that any user has violated or is violating this article, his wastewater contribution permit, or the general pretreatment regulations, the Township or the POTW shall serve upon the user a written notice of violation (NOV). Within 15 days of the certified receipt of the NOV, the User must submit to the POTW and the Township, a written response that contains the following information:

(1) Cause of noncompliance;

(2) Anticipated duration of the noncompliance and the time by which the violation will be corrected;

(3) Steps taken by the user to reduce and eliminate the noncomplying discharge;

(4) Steps taken by the user to prevent reoccurrence of the condition(s) leading to the noncompliance;

(5) The signature of an authorized representative of the user that certifies to the validity of the report.

B. Show-cause hearing. When a response given by the user to a previous NOV is inadequate, or when a violation results in conditions that could cause a POTW to violate its NPDES permit or biosolids quality requirements, or results in a hazardous situation within the POTW sewer system, the POTW will notify a user by certified mail of the requirement that the user attend a show-cause hearing. A show-cause hearing is an official meeting between the POTW and a user to resolve conditions of continued violations. The hearing may result in the POTW issuing an administrative order to the user, or if conditions warrant, civil penalties in accordance with § 414-8 of this article.

C. Administrative order. An administrative order is an official enforcement document that directs a user or significant industrial user to undertake or to cease specific activities and that carries specific legal actions to be enforced when addressing continued noncompliance. The order may contain a compliance schedule specifying the time frame by which the user must perform certain activities that will ultimately result in compliance with all requirements contained in the order. The order may also contain the requirement that the user pay civil penalties of up to $25,000 per day per violation.

D. Public notification of noncompliance. The POTW shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.

E. Harmful contributions.

(1) The Township or the POTW may suspend the wastewater treatment service and/or wastewater contribution permit when such suspension is necessary, in the opinion of the Township or the POTW, in order to stop an actual or threatened discharge which presents, or may present, an imminent or substantial endangerment to the health or welfare of persons and/or the environment; which causes, or threatens to cause, interference to the POTW; or causes, or threatens to cause, the POTW to violate any condition of its NPDES permit.

(2) Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Township or the POTW shall take such steps deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Township or the POTW may reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted by the User to the Township and the POTW within 15 days of the date of occurrence.

F. Revocation of permit. Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of § 414-7 of this article:

(1) Failure of the 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; or

(4) Violation of conditions of the permit.

G. Right to appeal.

(1) Appeal. A user, upon receipt of notification of suspension or revocation of a user permit or significant industrial user permit, may appeal the decision in writing to the Township and the POTW with a statement of reasons therefor within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution under § 414-7E.

(2) Notice of hearing. Thereafter, upon notice in writing given to the permit holder or any agent or officer thereof at least five days prior to the time fixed, the Township shall convene and conduct a hearing on the propriety or lack thereof of the notice of suspension or revocation. The cost of the stenographic transcript of such a proceeding shall be borne by the appellant who shall pay a filing fee of $300, or such other amount as may be established by the Township by separate resolution.

(3) Method of decision. The findings and determinations of the Township shall be in writing and shall be mailed to the user's authorized representative within 48 hours of the hearing, with a certified copy thereof to be filed with the POTW official who originally served the notice of suspension or revocation. The determination and hearing shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. § 101 et seq.

(4) Action following appeal decision. If the decision of the Township sustains the notice of suspension or revocation of permit, the user shall be given 10 days' notice of the new date of suspension or revocation by the POTW.

§ 414-8 Civil penalty assessment/injunctive relief policy.

A. Civil penalty assessment.

(1) In addition to the other enforcement actions described within a POTW enforcement response plan (ERP), the POTW may also seek civil penalties and/or injunctive relief against any user who fails to comply with the requirements of this article or his wastewater contribution permit.

(2) Civil penalties vary from $500 up to $25,000 per day per violation depending on the severity of the violation and other factors. In civil penalty assessment, the POTW will consider all of the following factors:

(a) Damage to the POTW treatment plant or collection system, the environment, or sewer system personnel, resulting from the violation;

(b) The user's history of past violations;

(c) The level of cooperation obtained from the user;

(d) The economic benefit gained by the users as a result of the noncompliance;

(e) Other relevant factors;

(3) The general civil assessment policy of a POTW is given in their enforcement response plan. All fines were developed in accordance with the Publicly Owned Treatment Works Penalty Law (Pennsylvania Act 9)[1] and will be assessed on a per-day, per-violation basis. A POTW has the right to increase, reduce or waive the fines in certain circumstances.

[1] Editor's Note: See 35 P.S. § 752.1 et seq.

(4) All civil penalties collected pursuant to a POTW civil penalty assessment policy will be placed in a restricted account and shall only be used by the POTW for the repair of damage and any additional maintenance or other costs resulting from the violation(s) on which the penalty was imposed, to pay any penalties imposed on the POTW by a state or federal agency as a result of violating any pretreatment standards, for the costs incurred by the POTW to investigate and initiate enforcement actions against the noncomplying discharge (including legal and engineering fees), for additional monitoring costs associated with the noncomplying user, and for capital improvements to the treatment plant or collection system required by the pretreatment program. Any remaining funds may be used for capital improvements to the treatment plant or collection system not required by the industrial pretreatment program.

(5) The POTW's ability to seek civil penalties against noncomplying users shall apply to all users of that sewer system regardless of political boundary. The civil penalties may be assessed by the POTW for violations where the POTW is located, where the activity took place, or where the condition exists or the public was affected by the violations.

B. Injunctive relief.

(1) The Township and/or POTW shall be able to seek injunctive relief for noncompliance by users with pretreatment standards or requirements or related provisions. Injunctive relief is available for violations of pretreatment standards or requirements, any requirement stated in this article or user permits, including, but not limited to:

(a) A discharge from a user presents an imminent or substantial danger to the environment;

(b) A discharge from a user causes the respective POTW treatment plant to violate any condition of its NPDES permit, biosolids application standards, or other state federal requirement;

(c) A discharge from a user presents an imminent or substantial danger to the respective POTW treatment plant or collection system, Township or POTW personnel, or the general public;

(d) The user has shown a lack of ability or intention to comply with a pretreatment standard.

(2) Injunctive relief may also be issued against a noncomplying user if the court determines that other enforcement actions available to the Township and/or the POTW would not be adequate to affect prompt correction of the condition or violation. In addition to injunctive relief, the Township and/or the POTW may also be granted civil penalties according to § 414-8A of this article.

(3) The POTW's ability to seek injunctive relief against a noncomplying user shall apply to all users regardless of political boundary. The injunctive relief may be sought in the Court of Common Pleas where the POTW treatment plant is located, where the activity took place, where the condition exists or the public was affected, and to that end a jurisdiction is hereby conferred in law and equity upon such courts.

C. Right to appeal. Any user charged with any civil penalty shall have 30 days to pay the proposed penalty in full, or, if the user wishes to contest either the amount of the penalty or the fact of the violation, the user must file an appeal of the action to the West Rockhill Township Board of Supervisors within 30 days pursuant to the Local Agency Law, 2 Pa.C.S.A. § 101 et seq.

§ 414-9 Severability.

In any provision, paragraph, word, section, or article of this article are invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect.