[Adopted 2-12-1998 by Ord. No. 98-2]
A.
This article sets forth uniform requirements for contributors
to the sanitary sewage facilities of Upper Frederick Township and
enables the Township to comply with all applicable state and federal
laws, including the Clean Water Act of 1977 and the general pretreatment
regulations (40 CFR, Part 403). The objectives of this article are:
(1)
To prevent introduction of pollutants into the sanitary
sewer facilities of Upper Frederick Township which will interfere,
through inhibition and/or enhancement, with the operation of the Upper
Frederick Township sanitary sewage facilities (hereinafter referred
to as "Township facilities") or contaminate the resulting sludge.
(2)
To prevent introduction of pollutants into the Township
facilities which will pass through or cause to pass through the Township
facilities inadequately treated wastes into receiving waters or the
atmosphere, or otherwise be incompatible with the Township facilities.
(3)
To improve the opportunity to recycle and reclaim
wastewaters and sludges from the Township facilities.
(4)
To provide for equitable distribution of the cost
of the Township facilities.
(5)
To protect the environment, the general public and
the Township personnel against the hazards associated with discharges
of toxic or otherwise incompatible pollutants into the Township facilities.
(6)
To help insure Township compliance with its National
Pollutant Discharge Elimination System (NPDES) permit, biosolids use
and disposal requirements and regulations, the Clean Water Act, the
general pretreatment regulations and any other state or federal laws
with which the Township must comply.
(7)
To prevent or reduce stormwater, groundwater, roof
runoff, subsurface drainage or cooling water from entering into the
Township facilities.
(8)
To allow the Township to operate and maintain its
Township facilities in a safe and effective manner.
B.
This article provides for the regulation of contributors
to the Township facilities through enforcement of specific requirements
for users; authorizes monitoring and enforcement activities; requires
user reporting; assumes that existing customer's capacity will not
be preempted; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
C.
This article shall apply to the Township of Upper
Frederick and any persons outside the Township who are, or become,
users of the Township facilities. Except as otherwise provided herein,
the Township shall administer, implement and enforce the provisions
of this article.
As used in this article, the following terms
shall have the meanings indicated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The regional administrator of EPA.
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]).
The applicable International Plumbing Code.[1]
[Amended 2-9-2012 by Ord. No. 2012-01]
Any structure having a roof or other covering and designed,
used or intended for supporting or sheltering any use or occupancy.
For the purposes of this article, each portion of a building which
is completely separated for occupancy purposes from other portions
by fire walls, dividing walls or any type of wall or separation structure
shall be considered as a separate building.
All facilities owned, operated and/or constructed by the
building owner which are used to convey wastewater from the building
to the Township's sanitary sewer main. The building sanitary drainage
system includes all piping, laterals and lateral connection points
to the Township sanitary sewer main from public or private premises
and shall exclude storm, surface and groundwater.
A premanufactured single component device (not an assembly
of fittings) installed as part of the building sanitary drainage system
to prevent circulation of air between the wastewater piping within
a building and the building lateral.
A large volume of waste originating from holding tanks, which
has not had its characteristics altered through treatment.
An access opening in the building sanitary drainage system
utilized for the removal of obstructions.
A nonresidential establishment which discharges strictly
domestic sewage.
The water discharge from any use, such as air conditioning,
cooling or refrigeration, to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
into the waters of the Commonwealth of Pennsylvania.
The normal water borne waste from a household, as well as
toilet wastes from residences, business buildings, institutions, commercial
and industrial establishments.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by persons living
alone.
Equivalent dwelling unit with the following wastewater characteristics:
Residential user.
Flow rates: 75 gpd/cap to 100 gpd/cap. (Note:
specific gpd/EDU flows will be defined in approved planning modules
for each development.)
Ammonia-nitrogen: 40 mg/l as N.
BOD5: 0.20 lbs/day/cap.
(Note: specific wastewater concentrations for BOD5 will be calculated using the following formula: BOD5 = (0.20 lbs/day/cap)/(Flow Rate gpd/cap x 1x10-6 mgd x 8.34 pounds/gal) = mg/l.)
Total suspended solids: 0.22 pounds/day/cap.
(Note: Specific wastewater concentrations for TSS will be calculated
using the following formula: TSS = (0.22 pound/day/cap)/Flow Rate
gpd/cap x 1x10-6 mgd/gpd x 8.34 pounds/gal)
= mg/l.)
TKN: 40 mg/l as N.
Phosphate: 10 mg/l as P.
The US 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 over a period
of time not to exceed 15 minutes with no regard to the flow of the
waste stream.
The part of precipitation that infiltrates the ground and
creates the zone of saturation.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure domestic sewage shall be or may
be discharged.
A source which discharges wastewater that does not meet the
definition of domestic sewage.
Material and/or chemicals that kill or restrict the abilities
of organisms to treat waste.
The inhibition, enhancement or disruption of Township facilities,
treatment processes of operations or its sludge processes, use or
disposal which alone, or in conjunction with a discharge or discharges
from other sources, causes a violation of any requirements of the
Township's NPDES permit (including an increase in the magnitude or
duration of a violation). The term includes prevention of sewage sludge
use or disposal by the Township facilities in accordance with § 405
of the Act, 33 U.S.C. § 1345, or any criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act and Toxic Substances Control Act, the Marine
Protection, Research and Sanctuaries Act or more stringent state criteria,
including those contained in the state sludge management plan prepared
pursuant to Title IV of SWDA applicable to the method of disposal
or use employed by the Township facilities.
A part of the building sanitary drainage system owned, operated
and/or constructed by the building owner used to convey wastewater
from the building to the Township's sanitary sewer main. The lateral
includes all piping, vent, cleanouts, traps and connection points
to the Township sanitary sewer main from public or private premises
and shall exclude storm, surface and ground water.
The rate of discharge of a pollutant expressed as weight
per unit of time, usually as pounds of kilograms per day.
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any building, structure, facility or installation, or any
other qualifier found in 40 CFR § 403.3(k), from which there
is or may be a discharge of pollutants, the construction of which
commenced after publication of proposed treatment standards under
§ 307(c) of the Act.
Any person vested with ownership, legal or equitable, sole
or partial, of any property and/or building located in the Township.
A discharge, alone or in connection with a discharge or discharges
from other sources which exits the Township facilities into waters
of the in quantities which may serve to cause a violation of the
Township's NPDES permit or cause an increase in magnitude or duration
of a violation of the Township's NPDES permit.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity and any other legal entity or their legal representative, agents
or assigns. The masculine gender shall include the feminine (the singular
shall include the plural where indicated by context).
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in standard units of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, industrial, municipal and agricultural waste and
certain wastewater containing pollutants such as pH, temperature,
BOD and so forth, discharged into the water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant property
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the Township facilities.
The reduction or alteration can be obtained by physical, chemical
or biological processes, or process changes by other means, except
as prohibited by 40 CFR § 403.6(d).
Any substantive or procedural requirements related to pretreatment
other than a national pretreatment standard imposed on an industrial
user.
Any water that has become wastewater due to the chemical
or physical nature of the water; water used to manufacture or produce
any product.
Absolute prohibitions against the discharge of certain substances.
Groundwater or surface water that has become polluted and
must be treated to standards as set forth by the Clean Water Act,
Act 403.
A pipe or conduit owned by Upper Frederick Township which
carries wastewater and to which storm, surface and ground waters are
not intentionally admitted. The Township sanitary sewer main does
not include lateral connection points from public or private premises.
Any substance that contains any of the waste products of
excrement or other discharge from the bodies of human beings and any
noxious or deleterious substance being harmful to public health or
to animal or aquatic life, or to the use of water from domestic water
supply or for recreation, specifically excludes wastewater of industrial
origins.
The material collected from an onsite sanitary wastewater
treatment system.
Any pipe or conduit constituting a part of the sewer system(s)
and used for collection of domestic sewage.
All sewage collection, transportation, disposal and treatment
facilities, pumping stations, interceptor lines, meter pits and appurtenant
structures to be acquired and/or constructed, owned and operated by
the Township for the purpose of receiving, conveying, treating and
disposing of domestic sewage in and for the Township.
Any discharge of a nonroutine, episodic nature or at a flow
rate or concentration which could cause a violation of the prohibited
discharge standard set forth in this article.
Any flow incurring during or following any form of natural
precipitation and resulting therefrom.
Precipitation that does not enter the ground through infiltration
nor is returned to the atmosphere by evaporation; flow over the ground
surface, includes man-made supplies of water.
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquids and which is removable
by laboratory filtering.
Treatment works as defined by § 212 of the Act
(33 U.S.C. § 1292), which includes the sanitary sewer mains,
conduits, pipe lines, force mains, metering stations, interceptor
sewers, pumping stations, lift stations, wastewater treatment facilities,
disposal systems and other plants, structures, equipment, vessels,
conveyances and works owned by the Township.
The Township's standard technical specifications and requirements
for the construction of sanitary sewers, sewer force mains, water
mains and appurtenances.
Upper Frederick Township, Obelisk, Montgomery County, Pennsylvania,
and/or its duly authorized representatives.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the administrator of the EPA under the
provisions of Clean Water Act, § 307(a), or other Acts.
Any person who contributes, causes or permits the contribution
of wastewater into the Township facilities.
The liquid and water-carried wastes from dwellings, commercial
buildings, industrial facilities and institutions, whether treated
or untreated, which is contributed into or permitted to enter the
Township facilities.
That portion of the Township's facilities designed to provide
treatment to wastewater.
A.
General regulations.
(1)
No user or industrial user shall contribute or cause to be contributed, directly or indirectly, stormwater, groundwater, roof runoff, subsurface drainage or cooling water to the Township facilities or any pollutant or wastewater which will interfere with the operation or performance of the Township facilities. This shall be deemed to include any interference or pass through as above defined in § 210-12 of this article. These general prohibitions apply to all such users of the Township facilities, whether the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user or industrial user may not contribute the following substances into Township facilities:
(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 Township facilities or to
the operation of the Township facilities, 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. At no time shall the effluent wastewater have a closed dup
flash point of less than 140° F. Such pollutants includes, but
are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, keytones, hydrides, sulfides and any other
substance with a fire, explosive or a health hazard.
(b)
Solid or viscous substances which may cause
obstruction of the flow in a sanitary sewer or other interference
with the operation or the wastewater treatment facilities, 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, spent lime, stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains, spent hops, wastepaper,
wood, plastics, tar, asphalt residues, residues from refining or processing
of fuel or lubricating oil, mud, glass grinding or polishing wastes.
(c)
Any wastewater having a pH less than 6.0 or
greater than 9.0, or wastewater having any other corrosive property
capable or causing damage or hazard to structures, equipment and/or
personnel of the Township facilities.
(d)
Any wastewater containing toxic pollutants in
sufficient quantity, either singly or by interaction with other pollutants,
to injure, to interfere with any wastewater treatment process, constitute
a hazard to humans or animals, create a toxic effect in the receiving
waters of the Township facilities or to exceed the limitation set
forth in a categorical pretreatment standard. A toxic pollutant shall
include, but not be limited to, any pollutant identified pursuant
to § 307(a) of the Act.
(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 sanitary sewers for maintenance and repair.
(f)
Any substance which may cause the effluent or
any other product of the Township facilities, such as residues, sludge
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 Township facilities cause the Township facilities to be in
noncompliance with sludge use or disposal criteria, guidelines or
regulations developed under § 405 of the Act; any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substance Control Act, 40 CFR, Part 503, regulations or state criteria
applicable to the sludge management method being used.
(g)
Any substance which will cause the pass through to interference of the Township facilities, such as, but not limited to, oils and greases as specified in § 210-12 of this article and pollutants which will result in the presence of toxic gases, vapors or fumes, within the Township facilities in a quantity that may cause acute worker health and safety problems.
(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 which will
inhibit biological activity in the treatment plant resulting in interference,
but in no case wastewater with a temperature at the introduction into
the Township facilities which exceeds 40° C. (104° F.).
(j)
Any pollutants, including oxygen demanding pollutants
(BOD, etc.) released as a flow rate and/or pollutant concentration
which will cause interference to the Township facilities. In no case
shall a slug load have a flow rate or contain concentration or qualities
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 concentration.
(k)
Any wastewater containing any radioactive wastes
or isotopes of such half-life or concentration as may exceed limits
established by the Township in compliance with applicable state or
federal regulations.
(l)
Any wastewater which causes a hazard to human
life or creates a public nuisance.
(m)
Stormwater, groundwater (except groundwater
resulting from Pennsylvania Department of Environmental Protection
or Environmental Protection Agency directed remediation that is determined
not to be harmful to the treatment plant), roof runoff, subsurface
drainage or cooling water.
(n)
Inhibitory substances, as defined in this article.
(2)
Grease, oil and sand interceptors or traps shall be
provided at a new or existing facility where, in the opinion of the
Township, they are necessary to prevent obstructions of flow in Township
sanitary sewer mains, interference with operation of wastewater treatment
facilities of for the proper handling of liquid wastes containing
grease in excessive amounts, flammable wastes or any other harmful
ingredients. All interceptors or traps shall be of the type and capacity
acceptable to the Township, shall be so located as to be readily and
easily accessible for cleaning and inspection and shall be cleaned
as needed to maintain operating efficiency.
B.
Building sanitary drainage systems and connections.
(1)
All sanitary sewage facilities and all related appurtenances
to be constructed in Upper Frederick Township must be constructed
in accordance with the standard construction specifications adopted
by resolution of the Upper Frederick Township Board of Supervisors,
the building and plumbing codes and any other applicable rules and
regulations of the Township.
(2)
Every owner of property situated within the Township
abutting on or adjoining any street or alley in which there is a Township
sanitary sewer main shall connect the buildings erected upon such
property to the said sanitary sewer main at the proper cost, expense
and liability of the owner within a reasonable amount of time as specified
by the Township after notice so to do and, upon failure to make such
connection, the Township may make the same and collect the cost thereof
from the owner by municipal claim or in an action of assumpsit as
provided by law.
(3)
No unauthorized persons shall uncover, make any connections
with or opening into, use, alter or disturb any Township sanitary
sewer main or appurtenances thereof without first obtaining a written
permit from the Township.
(4)
Permit classes.
(b)
In either case, the owner or his agent shall make application on a special form furnished by the Township. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Township. A permit and inspection fee for a residential or commercial building sanitary drainage system permit shall be paid to the Township at the time the application is filed. All building sanitary drainage system permit applications under Subsection B(4)(a)[2], above, shall be reviewed and approved in writing by the Township prior to permit issuance. Permit and inspection fees for permits shall be in such amounts as may be established from time to time by the Township. All permits shall be subject to the right of the Township to require the installation and maintenance of inspection and sampling facilities.
(5)
It shall be the owner's responsibility to maintain,
repair and/or replace building sanitary drainage systems if the Township
determines that they do not meet the requirements of this article.
All costs and expenses incidental to the maintenance, repair, replacement,
installation and connection of the building shall be borne by the
owner. In the case where damages to the Township sanitary sewer main
occur due to a building sanitary drainage system, it shall be the
responsibility of the building sanitary system owner to replace or
repair (as directed by the Township) the length of pipe to which the
building sanitary drainage system is connected. The owner shall indemnify
the Township from any loss or damage that may, directly or indirectly,
be occasioned by the installation of the building sanitary drainage
system.
(6)
A separate and independent building sanitary drainage
system shall be provided for every building.
(7)
Where existing building sanitary drainage systems
connected to the Township sanitary sewer main are to be abandoned
by reason of demolition of buildings and structures, or for any other
reason, they shall be disconnected and permanently sealed at the Township
sanitary sewer main. All costs and expenses incidental to this work
shall be borne by the owner. Existing building sanitary drainage systems
may be used in connection with new buildings only when they are found,
after examination and testing as directed by the Township, to meet
all requirements of this article.
(8)
The size, slope, alignment, materials or construction
of a building sanitary drainage system and the methods to be used
in excavating, placing of the pipe, joint testing and backfilling
the trench shall all conform to the requirements of the building and
plumbing codes and other applicable rules and regulations of the Township.
(9)
Sanitary drainage system.
(a)
The building sanitary drainage system shall
be brought to the building at an elevation below either the basement
floor or the floor of the lowest level in the building to provide
sewer service to either the basement or lowest level. In instances
where gravity flow, in the building sanitary drainage system to the
Township sanitary sewer main, is not possible or it is not possible
to serve the basement or lowest level by gravity flow, the sanitary
wastewater shall be lifted and discharged to the Township sanitary
sewer main by means approved by the Township in accordance with the
requirements of the building and plumbing codes, with all costs being
borne by the owner.
(b)
Floor drains in any new building shall not be
connected to the building sanitary drainage system.
(c)
When an existing building sanitary drainage
system is connected to the Township's sanitary sewer main, all floor
drains, area drains or similar drains shall be disconnected from the
building sanitary drainage system.
(10)
No person shall make or provide for the connection
of sump pumps, roof downspouts, foundation drains, areaway drains,
floor drains or other sources of surface runoff or groundwater to
a building sanitary drainage system or building drain which in turn
is connected, directly or indirectly, to a Township sanitary sewer
main, unless such connection is approved, in writing, by the Township
for purposes of disposal or polluted surface drainage or for the prevention
of potentially hazardous conditions. Such water or other unpolluted
drainage shall be discharged to facilities that are specifically designed
as storm sewers or to natural outlets approved by the Township and
in accordance with the applicable regulations of the Pennsylvania
Department of Environmental Protection.
[Amended 8-11-2011 by Ord. No. 2011-05]
(11)
Connections.
(a)
The connection of the building sanitary drainage
system into the Township sanitary sewer main shall be made with either
a wye type fitting or as directed by the Township and must conform
to the requirements of the Township's standard construction specifications,
the building and plumbing codes and other applicable rules and regulations
of the Township. All such connections shall be made gas tight, water
tight and must be inspected by the Township. Hydrostatic pressure
testing of all new or replacement building sanitary drainage systems
shall be required and testing procedures must conform to the requirements
of the Township's standard construction specifications and the building
and plumbing codes. Any deviation from the procedures and/or materials
must be approved by the Township before installation.
(b)
Upon determination by the Township that a new
or existing building sanitary drainage system connection is not properly
discharging wastewater flow into the Township sanitary sewer main,
the owner shall be required to repair or replace the existing sanitary
sewer connection system. In the instance where the owner is not connected
directly and separately to the Township sanitary sewer main, it shall
be required, upon determination of improper discharge, that the owner
connect separately to the Township sanitary sewer main. All costs
and expenses incidental to this work shall be borne by the owner.
(12)
The applicant for the building sanitary drainage
system permit shall notify the Township when the building sanitary
drainage system is ready for inspection and connection to the Township
sanitary sewer main. The connection to the Township sanitary sewer
main and testing shall be made under the supervision of the Township
or its representative.
(13)
All excavations for building sanitary drainage
system installation shall be adequately guarded with barricades and
lights so as to protect the public from hazard. Streets, sidewalks,
parkways and other public property disturbed in the course of the
work shall be restored in a manner satisfactory to the Township.
(14)
No excavation shall be commenced to open any
portion of a street until the owner, its agents and/or independent
contractor shall have first obtained a permit from the Township Secretary
as required by law.
(15)
No excavation, construction or connection work
shall be commenced within the Township right-of-way until the owner,
its agents and/or independent contractor shall have first filed either
a bond or certified check in double the amount of the cost of the
work to be performed as determined by the Township, agreeing to indemnify
and save harmless the Township against any and all loss, damages,
costs and expenses which the Township may thereafter suffer, incur,
be put to or pay by reason of the failure to complete properly any
of the aforesaid excavation, construction or connection work. The
term "owner," as used herein, shall be deemed to include the owner
or owners, in fee simple, lessees of the premises, occupiers of the
premises and all other parties having a beneficial use or interest
in the premises and occupying the same without the consent and permission
of the owner of the fee title.
(16)
The Township shall have the power to close streets
to traffic for the purpose of making connections, with due regard
to the convenience of the public. The Township shall also have power
to specify the time when the work in any block or district shall begin
and when the same shall be suspended. Contractors and owners having
begun the work of making connections will be required to complete
the same expeditiously. All excess material shall be cared for by
the owner or contractor.
(17)
From and after the effective date of this article,
all sewers and building drainage systems of every kind, nature and
description proposed to be constructed in building developments within
the Township shall be completely constructed, built and installed
at the sole cost, expense and liability of the person or persons,
firm, association or corporation promoting, sponsoring, managing,
constructing, developing or erecting such building development and/or
the owners of property abutting on and benefitted by the line as installed,
provided that the actual work of construction and installation may,
at the option and discretion of the Township, be done either by the
owners and developers under proper agreement and supervision or by
the Township at the entire cost of the owner.
(18)
Any and all sewers or sections thereof hereafter
constructed and installed in such building developments within the
Township shall not be accepted, connected with or emptied into the
Township facilities, nor become part of the Township facilities, until
the shall have been completed, inspected, pressure tested, televised
and approved and found to be in accordance with the provisions of
this article and with all regulations and requirements of the Township,
and shall have been certified by the Township.
(19)
The same formalities shall be required in cases
of repairs, replacement, alterations and additions, as are required
in making original connections. In the instance where an existing
building sanitary drainage system is repaired, it shall be modified
to conform with the requirements of the current building and plumbing
codes and other applicable rules and regulations of the Township.
(20)
Vent systems associated with new and existing
building sanitary drainage systems shall conform to the requirements
of the building and plumbing codes.
(21)
Building traps shall not be permitted on construction
of new or existing building sanitary drainage systems. In the case
of repairs of existing building sanitary drainage systems, no trap
of any type will be allowed on the portion of the building sanitary
drainage system which is located on the exterior of the building.
If building traps cannot be eliminated as directed by the Township,
they shall be relocated to the interior of the building and vented
properly through the wall of the building.
(22)
Existing building sanitary drainage systems
with curb vents shall have these vents either permanently sealed,
as approved by the Township, or raised at least six inches above finished
grade and capped with approved cap or relocated as directed by the
Township. In the instance where an existing building sanitary drainage
system is repaired, curb vents shall be eliminated or permanently
sealed or relocated, as directed by the Township.
(23)
Cleanouts in building sanitary drainage systems
shall be constructed in accordance with the Township's building and
plumbing codes.
C.
Specific pollutant limitations. No industrial or commercial user of the Township facilities shall contribute or cause to be contributed, directly or indirectly, wastewater containing pollutant levels in excess of the wastewater characteristics levels specified in the definition for "EDU" in § 210-12 of this article.
D.
State requirements. 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.
E.
Township's right of revision. The Township reserves the right to establish, by ordinance, more stringent limitations, numeric limitations for additional parameters or additional requirements on discharges to the Township facilities if deemed necessary to comply with the objectives presented in § 210-11 of this article.
F.
Excessive discharge. No user or industrial user shall
ever increase the use or 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 or state.
G.
Accidental discharge. As directed by the Township,
users may be required to provide protection from accidental discharge
of prohibited materials or other substances regulated by this article
into the Township's facilities. Facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the user's
cost and expense. If necessary, the Township will evaluate, at least
once every two years, if the user requires spill prevent and sludge
discharge measures to be implemented. If the Township deems it necessary,
a slug discharge control plan may be required. The plan must contain
certain minimal elements, such as a description of the user's chemical
storage and discharge practices, procedures for notifying the Township
of slug loading, measures of preventing and containing spills and
emergency response and follow-up procedures as required by this article.
No user who commences contribution to the Township facilities after
the effective date of this section shall be permitted to introduce
pollutants into the system until the accidental discharge procedures
have been approved by the Township. Review and approval of such plans
and operating procedures shall not relieve the user from the responsibility
to modify its facility, as necessary, to meet the discharge; it is
the responsibility of the user to immediately telephone and notify
the Township of the incident. The notification shall include location
of the discharge, type of waste, concentration and volume and corrective
actions.
(1)
Written report. Within five days following an accidental
discharge, the user shall submit to the Township a detailed written
report describing the cause of the discharge and the measures to be
taken to mitigate any expenses, loss, damage or other liability which
may be incurred as a result of damage to the Township facilities or
aquatic life or any other damage to person or property. Such report
shall not relieve the user of any fines, civil penalties or other
liability which may be imposed by this article or other applicable
law.
(2)
Notice to employees. A notice shall be permanently
posted on the user's bulletin board or other prominent place advising
employees whom to call in the event of a dangerous discharge. Employers
shall ensure that all employees who may cause or suffer such a dangerous
discharge to occur advised of the emergency notification procedures.
H.
Township's right of entry. The owner of any building
with its sanitary drainage system connected to the Township facilities,
after disclosure or proper credentials and identification, shall allow
the Township to:
(1)
Enter, at reasonable times, all properties and facilities
for the purpose of inspection, observation, measurement, sampling
and testing to determine compliance with the provisions of these regulations
and for the performance of other functions relating to service rendered
by the Township in regard to the Township facilities.
(2)
Examine and copy any and all records required to be
maintained by the owner for the purpose of determining compliance
with the provisions of these regulations and any and all state or
federal pretreatment standards and regulations.
I.
Inspection;
compliant.
[Added 8-11-2011 by Ord. No. 2011-05]
(1)
To insure compliance with the provisions described in this § 210-13, the Township shall establish a program of periodic and systematic inspections of all properties, including laterals, connected to a sanitary sewage collection system operated by the Township.
(2)
All
property owners will be notified of the Township’s request to
inspect their property and laterals by letter. Within 20 calendar
days of receipt of the aforementioned notice, the property owner shall
contact the Township office to schedule an appointment for the inspection.
Said inspection shall be performed at no expense to the property owner.
(3)
The
Township shall issue a report to the property owner with respect to
the conclusions of said inspection. Any repairs or modifications to
the connections of the property to the sanitary sewer lateral or to
the laterals connecting to the main indicated therein shall be completed
within 60 calendar days following said notice.
(4)
Property owners who fail to schedule an inspection within 30 calendar
days, or make repairs or modifications within the appropriate time
frames, as above outlined, will be subject to a surcharge of $100
for the first billing quarter thereafter as a surcharge on their sewer
bill for the property. For each quarter or part thereof, thereafter
that the property owner does not respond to the request for inspection,
or make the required repairs or modifications, said surcharge shall
increase by $25 per quarter. Said surcharge will continue from quarter
to quarter until proper inspections have been done and/or all required
work performed.
[Amended 5-12-2016 by Ord. No. 2016-04]
(5)
In
the event that a property owner does not cooperate with the scheduling
of an inspection and/or perform the required corrective measures within
a maximum 90 calendar days, the Township, may take all appropriate
measures necessary to insure compliance, including seeking injunctive
relief or other appropriate relief from the Court of Common Pleas
of Montgomery County. In the event the Township incurs any costs to
insure compliance with the terms of this subsection, the property
owner shall be responsible for all costs of said proceedings, including
reasonable attorney’s fees and engineering fees. Any costs incurred
by the Township may be filed as a lien against the property, in accordance
with the provisions of the Pennsylvania Municipal Claims Act.[1]
[1]
Editor’s Note: See 53 P.S. § 7101 et seq.
[Amended 8-13-1998 by Ord. No. 98-4; 11-12-1998 by Ord. No.
98-6; 12-30-1998 by Ord. No. 98-8; 12-30-1999 by Ord. No. 99-4; 1-10-2002 by Ord. No. 02-2; 8-12-2004 by Ord. No. 04-13; 2-10-2005 by Ord. No.
05-01]
A.
Rates. Sewer rentals are fixed and imposed upon and
shall be collected from the owner of each improved property which
shall be connected to and/or served by the sewer system(s), for use
of the sewer system(s), whether such use shall be direct or indirect,
and for services rendered by this Township in connection therewith,
which sewer rentals shall be payable at the times and in the amounts
as provided by this article, in accordance with the following schedule
of rates and classifications:
(1)
Residential. Rates charged for residential service
shall be established by resolution which may be duly adopted and amended
by the Board of Supervisors from time to time.
(2)
Each dwelling unit in double house, in a row of connecting
houses, in an apartment building or in any other multiple dwelling
unit shall be billed as a separate entity. If two or more families
use separate cooking and/or toilet facilities in an improved property,
the sewer rentals payable hereunder shall be computed as though each
such family was a separate user with a separate connection to a sewer.
(3)
If two or more dwelling units shall be connected to
the sewer system(s) through a single lateral, or if two or more types
of use are made of the same improved property, the sewer rentals payable
hereunder shall be computed as though each such dwelling unit and
each such type of use were a separate improved property or user with
a separate connection to the sewer.
(4)
Additional classifications and sewer rentals or modifications
of the fore going schedule of sewer rentals may be established by
this Township, from time to time, as deemed necessary.
(5)
Except for the dwelling units in the Perkiomen Crossing
Development where there shall be no charge imposed for connection
to the system(s), a connection charge is imposed upon and shall be
collected from the owner of each improved property which physically
shall connect such improved property to the sewer system(s) for the
use of the sewer system(s), whether such use shall be direct or indirect,
which connection charge shall be due and payable in a lump sum, as
of the date such physical connection of such improved property shall
be made to the sewer system(s). Such connection charge shall be in
an amount as established from time to time by resolution of the Board
of Supervisors.
B.
Times and methods of payment.
(1)
All bills for sewer rentals shall be rendered monthly
on the first day of each month, or for such other period of time or
other dates in such month as the Supervisors, by resolution, shall
specify, and shall cover a month in advance of a completed month.
[Amended 3-13-2008 by Ord. No. 2008-04]
(3)
Sewer rentals shall be due and payable upon the applicable billing date as provided for in Subsection B(1), above, and the appropriate amount, computed in accordance with this article, shall constitute the net bill. If sewer rentals are not paid within 30 calendar days after each billing date, an additional sum of $5 shall be added to such net bill for every thirty-day period that the bill remains due, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-calendar-day period shall constitute payment within such period. If the end of such thirty-calendar-day period shall fall on a legal holiday or Sunday, payment made or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period. Any bill not paid within a thirty-calendar-day period shall be deemed delinquent.
(4)
Each owner of an improved property which is connected
to the sewer system(s) initially shall provide this Township with,
and thereafter shall keep this Township advised of, his correct address.
Failure of any person to receive any bill for sewer rentals and other
charges shall not be considered an excuse for nonpayment, nor shall
such failure result in an extension of the period of time during which
the net bill, as appropriate, shall be payable.
(5)
Any and all receipts and payments made to Upper Frederick Township shall be applied first as against penalties, then as against interest accrued to date and lastly as against outstanding sewer rental charges until such payment is exhausted. In the event that such payment or receipt does not satisfy first any penalties, then any interest accrued to date and then finally the sewer rental charge as identified in Subsection B(3) hereof, then the remaining unsatisfied portion of said penalties, interest accrued or sewer rental shall be subject to additional penalties for late payment as provided in Subsection B(3), hereof.
(6)
Notwithstanding the provisions of this section imposing
penalties or interest upon delinquent accounts, no delinquent account
owing less than $6 shall be subject to any interest or penalty authorized
by this section, but such outstanding amount shall be added to the
following bill.
[Amended 3-12-2009 by Ord. No. 2009-03]
C.
Enforcement of collection of sewer rentals and other
charges: liens: filing and collection of liens.
(1)
Sewer rentals and other charges imposed by this article
shall be a lien to the extent permitted by the laws of the commonwealth,
on the improved property connected to and/or served by the sewer system(s);
and any such sewer rentals and other charges which shall be delinquent
shall be filed as a lien, to the extent permitted by the laws of the
commonwealth, against the improved property so connected to and served
by the sewer system(s), which lien shall be filed in the office of
the Prothonotary of Montgomery County, Pennsylvania, and shall be
collected in the manner and to the extent permitted by the laws of
the commonwealth for the collection of municipal claims. In addition,
any costs and/or reasonable attorneys' fees incurred by the Township,
or its agent, shall be added to the unpaid sewer charges, along with
penalties and interest, as set forth above, and the aggregate of the
same shall be entered as a lien on the property served. The delinquent
sewer charges, costs and reasonable legal fees incurred, as well as
the penalty and interest, shall be collected by the designated agent
of the Township.
(2)
Sewer rentals and other charges imposed by this article
may be enforced or collected by this Township in any other manner
which shall be appropriate, from time to time, pursuant to the laws
of the commonwealth. The Township hereby approves the following schedule
of attorneys' fees for services in connection with the collection
of accounts, which is hereby determined to be fair and reasonable
compensation for the services set forth below, all in accordance with
the principles set forth in § 3 of the Municipal Claims
Law, as amended by Act No. 1 of 1996:
[Amended 3-13-2008 by Ord. No. 2008-04; 5-16-2013 by Ord. No. 2013-01]
|
Legal Services
|
Fee for Services
| |
|---|---|---|
|
Filing of lien
|
$250
| |
|
Title search
|
$250
| |
|
Preparation and service of writ of scire facias
|
$600
| |
|
Alternative service of legal pleadings
|
$250
| |
|
Entry of judgment
|
$150
| |
|
Preparation of writ of execution and attendance
at initial Sheriff's sale
|
$750
| |
|
Preparation of documents and attendance at second
Sheriff's sale
|
$600
| |
|
Review schedule of distribution and resolve
distribution issues
|
$250
| |
|
Installment of payment agreement at taxpayer's
request
|
$100
| |
|
Preparation and filing of civil complaint with District Justice
|
$125
| |
|
Attendance and representation at District Justice hearing
|
$250
| |
|
Preparation and filing of notice of execution/notice to defendant
|
$80
| |
|
Order and filing of notice of judgment/transcript of civil case
|
$80
| |
|
Services not covered above
|
Prevailing hourly rate of Township Solicitor
|
D.
Adoption of additional rentals and charges, districts,
rules and regulations. The Township reserves the right to adopt by
resolution, from time to time, such additional rentals and other charges,
districts, rules and/or regulations as it shall deem necessary and
proper in connection with use and operation of the sewer system(s),
which additional rentals and other charges, districts, rules and/or
regulations shall be, shall become and shall be construed as part
of this article.
It shall be unlawful to discharge or connect
into any sanitary sewer within the Township without a Township permit,
or in any area under the jurisdiction of said Township or to the Township
facilities, any wastewater except as authorized in writing by the
Township in accordance with the provisions of this article.
[Amended 8-12-2004 by Ord. No. 04-13; 5-12-2005 by Ord. No.
05-05]
A.
Actions against users.
(1)
Upon the procedures established by resolution adopted
by the Board of Supervisors, which may be amended from time to time,
for the compliance and enforcement of this article, the Township may
discontinue potable water service to any building serviced by public
sewers. The Township may perform inspections to ensure all work is
completed in a manner which is satisfactory to the Township.
(2)
If the owner further refused to complete the required
actions, the Township may cause to be made such maintenance or repairs
as may be necessary to meet the requirements of this article and charge
the owner for the costs thereof. If the owner does not meet the payment
terms and conditions for such charges, a lien against the owner's
building will be sought for unpaid charges. If any person discharges
wastewater, stormwater or other wastes into the Township's facilities,
contrary to the provisions of this article, federal or state requirements
or any order of the Township, or is in violation of any other treatment
standards and requirements of this article, the Township Solicitor
may commence an action for appropriate legal and/or equitable relief
in the Court of Common Pleas of Montgomery County.
B.
The water usage shall be due and payable upon the applicable billing date as provided for in Subsection A of this section, and the appropriate amount, computed in accordance with this article, shall constitute the net bill. If the bills are not paid within 30 calendar days after each billing date, an additional sum of 1.50% of the principal due shall be added to such net bill every 30 days after the due date, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-calendar-day period shall constitute payment within such period. If the end of such thirty-calendar-day period shall fall on a legal holiday or a Sunday, payment made on or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period. Any bill not paid within said 30 calendar days shall be deemed delinquent. Notwithstanding the provisions of this section, no penalties or interest shall be added to any delinquent account owing less than $1, but such delinquent amount shall be added to the following bill.
[Amended 8-13-1998 by Ord. No. 98-4]
Any user who shall violate any provision of
this article, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
