Article IV Wastewater Pretreatment

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

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

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

AUTHORIZED REPRESENTATIVE OF SIGNIFICANT USER

To provide for equitable distribution of the cost for the implementation of the Municipal Authority's Municipal Industrial Pretreatment Program.

This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users; authorized monitoring and enforcement activities; requires user reporting; assumes that existing customers' capacity will not be preempted; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This article shall apply to that area of the Township included in the service area and to persons outside of the service area who are users or significant users of the Municipal Authority POTW. Except as otherwise provided herein, the Municipal Authority shall administer, implement, and enforce the provisions of this article.

Nothing contained in this article shall be construed as preventing any special agreement or arrangement between the Municipal Authority and significant users within or out of the service area of the Township, whereby a waste of unusual strength or character may be accepted by the Municipal Authority by special agreements in writing, executed prior to such acceptance, containing safeguards, limitations, and conditions acceptable to the Municipal Authority. No such special agreement or arrangement, however, shall waive or abrogate any National Categorical Pretreatment Standard.

§ 142-27 Definitions and word usage.

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 Director in an NPDES state with an approved state pretreatment program, and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

An authorized representative of a significant user may be: 1) a principal executive officer of at least the level of vice president, if the significant user is a corporation; 2) a general partner or proprietor if the significant user is a partnership or proprietorship, respectively; 3) a duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates, or any government entity within the Township. The signature must conform to requirements set forth in 40 CFR 403.12(1).

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, five days at 20° Celsius, expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CATEGORICAL STANDARDS

National Categorical Pretreatment Standards or "pretreatment standards."

CONTROL AUTHORITY

Refers to the "approval authority," as defined hereinabove; or the superintendent if the Township has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

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

DIRECT DISCHARGE

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

EDU

Equivalent domestic unit with the following wastewater characteristics:

Flow: 250 gpd.

Ammonia - Nitrogen: 25 mg/l as N.

BOD: 250 mg/l.

Phosphate: 10 mg/l as P.

Suggested solids: 250 mg/l.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

TKN: 40 mg/l as N.

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.

GRAB SAMPLE

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

HOLDING TANK WASTE

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

IMPROVED PROPERTY

Any property within this Township 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 wastewater shall be or may be discharged.

INDIRECT DISCHARGE

The discharge or the introduction of pollutants into the POTW, including holding tank waste discharged into the system and any source regulated under Section 307(b), (c), or (d) of the Act and at 40 CFR 403.3(g).

INDUSTRIAL USER

An industrial source of indirect discharge.

INTERFERENCE

The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the Municipal Authority's NPDES permit. The term includes the prevention of sewage sludge use, sludge processes or disposal by the POTW 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), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the POTW.

MUNICIPAL AUTHORITY

The White Haven Municipal Authority.

NATIONAL CATEGORICAL PRETREATMENT STANDARDS or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA at 40 CFR Parts 40-471 in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317).

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT

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

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

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

NEW SOURCE

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

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

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

The production of 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 generating processes are substantially independent of an existing source at the same site, 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; or

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsections (1) and (2) above, but otherwise alters, replaces, or adds to the existing process or production equipment; or

PRETREATMENT or TREATMENT

Construction of a new source as defined under this paragraph has commenced if the owner or operator has begun or caused to begin as a part of a continuous on-site construction program (i) any placement assembly, or installation of facilities or equipment; or (ii) significant site preparation work, including clearing, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (iii) entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies, do not constitute a contractual obligation under this paragraph.

OWNER

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

PASS THROUGH

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

PERSON

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

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.

POLLUTION

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

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d).

PRETREATMENT STANDARDS

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

PUBLICLY OWNED TREATMENT WORKS (POTW)

The treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Municipal Authority. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of this article "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Township who are, by contract or agreement with the Municipal Authority, users of the Municipal Authority's POTW.

SERVICE AREA

Route 940 Service Area of the Township of Kidder identified more specifically on the plan attached to this article[1] and incorporated into this agreement between the Township of Kidder and White Haven Municipal Authority.

SEWER

Any pipe or conduct constituting a part of the POTW used or usable for sewage collection services.

SIGNIFICANT USER

Any discharge subject to National Categorical Pretreatment Standards;

Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact, and boiler blowdown wastewaters) to the POTW or that contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Any other industrial user that is designated as such by the control authority on the basis that the industrial user has a potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

SIGNIFICANT USER PERMIT

As set forth in § 142-45 of this article.

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.

STATE

Commonwealth of Pennsylvania.

STORMWATER

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

SUPERINTENDENT

The person designated by the Township of Kidder who is in charge of certain duties and responsibilities by this article, Manager of the White Haven Municipal Authority or its successors, or his/her duly authorized representative, deputy or agent.

SUSPENDED SOLIDS

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.

TOWNSHIP

The Township of Kidder, Carbon County, Pennsylvania.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of CWA 307(a) or other acts.

USER

Any person who contributes, causes, or permits the contribution of wastewater into the POTW.

WASTEWATER

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

WATER OF THE STATE

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

[1]

Editor's Note: Said plan is on file in the Township offices.

"Shall" is mandatory; "may" is permissive.

§ 142-28 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD	Biochemical oxygen demand
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	Environmental Protection Agency
l	Liter
mg	Milligram
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly owned treatment works
SIC	Standard industrial classification
SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
U.S.C.	United States Code
TSS	Total suspended solids

§ 142-29 General requirements.

No user or significant user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of the POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user or significant user may not contribute the following substances to the POTW:

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 way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5%, nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, hydrides, sulfides, and any other substance determined by the Municipal Authority, the state or the EPA to be a fire hazard or a hazard to the system.

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grinding or polishing wastes.

Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent and/or Municipal Authority, they are necessary for the proper handling of liquid wastes containing floatable grease in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, or any flammable wastes, sand, or other harmful ingredients, except such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent and the Municipal Authority and shall be located as to be readily and easily accessible for cleaning and inspections. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the date and means of disposal which are subject to review by the superintendent and the Municipal Authority. Any removal and hauling of the collected materials not performed by owner's (owners') personnel must be performed by currently licensed waste disposal firms.

Any wastewater having a pH less than 5.0 or greater than 10.0 unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or to interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, 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 Section 307(a) of the Act.

§ 142-30 Use of publicly owned treatment works facilities.

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 sewer for maintenance and repair.

(7)

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the sludge management method being used.

(8)

Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.

(9)

Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.

(10)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW's which exceeds 40° Celsius (104° Fahrenheit), unless the POTW treatment plant is designed to accommodate such temperature.

(11)

Any pollutants, including oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which cause interference to the POTW. 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 operation.

(12)

Any wastewater containing any radioactive wastes or isotypes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

(13)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(14)

Stormwater, groundwater, roof runoff, subsurface drainage, or cooling water.

When the Municipal Authority determines that a user or significant user is contributing to the POTW any of the above enumerated substances in such amounts as interfere with the operation of the POTW, the Municipal Authority shall advise the user of the impact of the contribution on the POTW, and develop effluent limitations for such user to correct the interference with the POTW.

The owner of any improved property benefitted, improved or accommodated by a sewer shall connect such improved property with such sewer, in such manner as the Township may require, within 45 days after notice to such owner from the Township to make such connections, for the purpose of discharging of all wastewater from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by the Township, from time to time.

All wastewater from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be a conducted into a sewer; subject, however, to such limitation and restrictions as shall be established herein or otherwise shall be established by the Township, from time to time.

No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within the Township any wastewater in violation of Subsection A. No person shall discharge or shall permit to be discharged to any natural outlet within the Township any wastewater in violation of Subsection A except where suitable treatment has been provided that is satisfactory to the Township.

No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property that has been connected to a sewer or that shall be required under Subsection A to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of the Township, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of the Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by the Township, not cleansed and filled, shall constitute a nuisance, and such nuisance may be abated, as provided by law, at the expense of the owner of such improved property.

No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.

The notice by the Township to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 45 days from the date such notice is given. Such notice may be given at any time after a sewer is in place that can receive and can convey wastewater for treatment and disposal from the particular improved property. Such notice shall be given to the owner in accordance with law.

§ 142-31 Building sewers and connections.

No unauthorized persons shall uncover, make any connections with or opening into, use, alter or disturb the POTW or any appurtenance thereof without first obtaining a written user permit from the superintendent and/or the Municipal Authority as set forth in § 142-44 of this article.

There shall be two classes of user permits: a) for residential and commercial service; and b) for service to establishments producing industrial waste. In either case, the owner or his agent shall make application on a special form furnished by the Municipal Authority. Their permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent and/or the Municipal Authority. A permit and inspection fee for a residential or commercial user permit and for a significant waste user permit shall be paid to the Municipal Authority at the time the application is filed. All user permit applications shall be reviewed and approved in writing by the Municipal Authority prior to permit issuance. Permit and inspection fees for user permits shall be in such amounts as may be established from time to time by the Municipal Authority.

All costs and expenses incidental to the installation, connection, and maintenance of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Township and the Municipal Authority from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

§ 142-32 Promulgation of federal categorical pretreatment standards.

All costs and expenses of acquisitions, construction, operation and maintenance of a building sewer and of the lateral serving any improved property shall be borne by the owner of the improved property served thereby, unless otherwise provided by this Township. All costs and expenses of connection of a building sewer to a lateral, and connection of a lateral to a sewer, including such costs and expenses of acquiring, installing, operating and maintaining a grinder pump or similar apparatus approved by the Township, shall be borne by the owner of the improved property so connected, unless otherwise provided by this Township. Each such owner shall indemnify and shall save harmless this Township from all loss or damage that may be occasioned directly or indirectly, as a result of construction, connection, operation or use of a building sewer or of a lateral.

A separate and independent building sewer shall be provided for every building.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this article.

The size, slope, alignment, materials or construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joint testing, and back filling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Township. In the absence of code provisions or in amplification therefor, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which the building drain is too low to permit gravity flow to the POTW, wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

No person shall make connection of sump pumps, roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the POTW unless such connection is approved in writing by the superintendent for purposes of disposal of polluted surface drainage.

The connection of the building sewer into the POTW shall conform to the requirements of the building and plumbing code or other applicable rules and regulations set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gas-tight and watertight, and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

The applicant for the user permit shall notify the superintendent when the building sewer is ready for inspection and connection to the POTW. The connection to the POTW and testing shall be made under the supervision of the superintendent or his/her representative.

All excavations for building sewer installations 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 and Municipal Authority.

No excavation, construction, or connection work shall be commenced within a Municipal Authority right-of-way until the owner, his/her agents and/or independent contractor shall have first filed a bond in an amount as determined by the Municipal Authority, agreeing to indemnify and save harmless the Municipal Authority against any and all loss, damages, costs, and expenses which the Municipal Authority 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, occupants of the premises, and all other parties having a beneficial use or interest in the premises and occupying the same with the consent and permission of the owner of the fee title.

The Township does grant to the Municipal Authority, its successors and assigns, all easements, rights-of-way and other rights and privileges necessary and desirable in, along, over and under streets, roads, lanes, courts, cul-de-sacs, alleys, public ways, public squares and other properties in the Township, together with free ingress, egress and regress therein and thereto, along with other persons having interests or rights therein, for use in connection with constructing, replacing, repairing, altering, extending, improving, operating and maintaining the POTW, as the same shall exist, from time to time.

The rights and privileges granted to the Municipal Authority under Subsection M shall be exercised by the Municipal Authority under and subject to such reasonable rules and regulations as shall be adopted and specified, from time to time, by resolution or ordinance of the Township, and the Township does reserve the right to adopt and specify, from time to time, such reasonable rules and regulations in connection with exercise by the Municipal Authority of such rights and privileges.

All users and uses or connections hereunder will abide and be governed by the Uniform Rules and Regulations as amended by the White Haven Municipal Authority from time to time.

All sewer connections and other sewer related work as set out in this article must be done in strict conformity and compliance with the then-existing Standard Specifications for Sanitary Sewers, as adopted from time to time by the White Haven Municipal Authority, as amended.

The owner of any improved property, upon direction of the Township, shall acquire, install, own and operate, at such owner's sole cost and expense, a grinder pump or similar apparatus satisfactory to the Township in the manner and at the location directed by the Township. Such grinder pump shall be installed at the time such improved property is connected to the sewer system and shall be subject to inspection and approval together with the remainder of the building sewer.

Upon the promulgation of the federal categorical pretreatment standard under Section 307 of the Clean Water Act for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall control; and neither the Township nor the Municipal Authority shall be responsible to notify all affected users and significant users of the applicable reporting requirements under 40 CFR Section 403.12. Each significant user shall be responsible to notify the Municipal Authority of changes to their status under the federal, state or local regulations.

§ 142-33 Modification of federal categorical pretreatment standards.

Where the Municipal Authority's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Municipal Authority may apply to the approval authority for modifications of specific limits in the federal pretreatment standards. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment 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 Township may then modify 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.

§ 142-34 Specific pollutant limitations.

No person shall discharge wastewater containing in excess of:

	Parameter	Max. Conc. From Industrial Connections to POTW (mg/l)
	Antimony	5.0
	Arsenic	0.1
	Barium	4.0
	Boron	1.0
	Cadmium	0.05
	Chromium (hexavalent)	0.1
	Chromium (total)	2.0
	Copper	1.0
	Cyanide	0.2
	Iron	5.0
	Lead	0.1
	Manganese	1.0
	Mercury	0.01
	Nickel	1.0
	Phenol	0.5
	Selenium	0.04
	Silver	0.1
	Tin	3.0
	Vanadium	2.0
	Zinc	4.0
	Total halogenated organics	5.0
	Toxic pollutants listed in Section 307, Clean Water Act	30.0 for any parameter total for all toxic parameter on list

All wastewater entering the Municipal Authority's collection system shall be pretreated to normal domestic levels unless otherwise stated in writing to the Municipal Authority by way of the significant user permit. These levels shall be:

	BOD	250 mg/l
	Suspended solids	250 mg/l
	Ammonia Nitrogen	25 mg/l as N
	TKN	40 mg/l as N

§ 142-35 State requirements to apply where more stringent.

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.

§ 142-36 Township's right of revision.

The Township reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 142-26 of this article.

§ 142-37 Excessive discharge.

No significant 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, state or federal agencies.

§ 142-38 Accidental discharge.

Each significant user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the significant user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Municipal Authority, and shall be approved by the Municipal Authority before construction of the facility. All existing significant users shall complete such a plan prior to the issuance of a permit. No significant user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until the accidental discharge procedures have been approved by the Municipal Authority. Review and approval of such plans and operating procedures shall not relieve the significant user from the responsibility of this article. In the case of an accidental discharge, it is the responsibility of the significant user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

§ 142-39 Written report of accidental discharge.

Within five days following an accidental discharge, the significant user shall submit to the Municipal Authority a detailed written report describing the cause of the discharge and the measures to be taken to mitigate any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW or aquatic life or any other damage to person or property. Such report shall not relieve the user or significant user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

§ 142-40 Notice to employees; contact information for dangerous discharge.

A notice shall be permanently posted on the significant 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 are advised of the emergency notification procedures.

§ 142-41 Recovery of costs.

It is the purpose of this section and § 142-42 to provide for the recovery of costs from significant users of the Municipal Authority's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Municipal Authority's Schedule of Charges and Fees.

§ 142-42 Charges and fees.

The Municipal Authority may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the Municipal Authority's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for filing appeals.

§ 142-43 Wastewater discharges without permit.

Fees for consistent removal by the Municipal Authority of pollutants otherwise subject to federal pretreatment standards.

(7)

Other fees the Municipal Authority may deem necessary to carry out the requirements contained herein.

A tapping fee is hereby imposed against the owner of any improved property to be served by the sewer system which actually connects or is required to be connected to the sewer system herein.

The tapping fee hereafter payable by the owner of an improved property shall be the product of the applicable charge (based on the date of payment) times the number of equivalent dwelling units consisting such improved property, calculated as follows:

	Tapping Fee Paid on or Before	Amount per EDU
	If paid by the date which is 45 days after issuance of notice to connect following completion of initial construction of the sewer system	$__________
	If paid thereafter	$__________

The minimum tapping fee applicable to any improved property served by the sewer system shall be the applicable amount times one equivalent dwelling unit. To this minimum tapping fee shall be added the applicable charge for each additional equivalent dwelling unit that is determined at any time to be applicable to such improved property. In the event an improved property or use thereof (including number of occupants) changes in a manner that causes the number of EDUs applicable to such improved property calculated hereunder to increase, an additional tapping fee based on such additional EDUs shall be immediately due and payable.

The tapping fee shall be due and payable the earlier of: 1) at the time application is made to the Authority to make connection to the sewer system, the date when the Authority shall connect any such improved property to the sewer system at the cost and expense of the owner, when such owner shall have failed to make such connection pursuant to § 142-30; or 2) in the case of properties to be connected following initial construction of the sewer system, the date which is 45 days after the date of issuance by the Township of the written notice to connect. Owners of an improved property paying the applicable tapping fee in advance of making such application to connect or in such time period by the specified date may pay the lesser amount set forth in this section. Owners of an improved property which is attributed an additional number of equivalent dwelling units, as defined by the Township User Charge Structure herein, shall pay a corresponding additional tapping fee at the time of being attributed with the new EDU computation.

Calculation and itemization of the maximum lawful tapping fee is attached hereto as Exhibit A and made a part hereof.[1]

[1]

Editor's Note: Exhibit A is on file in the Township offices.

All tapping fees shall be payable to the Secretary of the Authority or such other officer or representative of the Authority as shall be authorized from time to time by the Authority to accept payment thereof.

Payment of tapping fees imposed by the Township pursuant to this article shall be enforced by the White Haven Municipal Authority in any manner appropriate under the laws at the time in effect.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Municipal Authority.

In the absence of a permit from the Municipal Authority, it shall be unlawful to discharge to the publicly owned treatment works any wastewater except as authorized in writing by the Municipal Authority in accordance with the provisions of this article.

§ 142-44 User permits.

All users proposing to connect to and contribute to the POTW shall obtain a user permit before connecting to or contributing to the POTW.

There shall be two classes of user permits: for residential and commercial service; and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Municipal Authority. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent and/or the Municipal Authority. A permit and inspection fee for a residential or commercial user permit and for an industrial user permit shall be paid to the Municipal Authority at the time the application is filed. All user permit applications shall be reviewed and approved in writing by the Municipal Authority prior to permit issuance. Permit and inspection fees for user permits shall be in such amounts as may be established from time to time by the Municipal Authority.

The Municipal Authority may:

Impose conditions on any user permit for compliance with monitoring and reporting requirements and compliance with pollutant limitations which conditions are deemed necessary by the Municipal Authority to ensure continued compliance with pretreatment standards and requirements.

Modify existing permits to respond to changes in industrial discharges to alleviate problems at the POTW treatment plant, to meet standard quality water standards, or to incorporate National Categorical Pretreatment Standards and requirements.

Prohibit the transfer of user permits when an industry is acquired by a new owner.

Revoke user permits to ensure against violations of permit conditions.

The Municipal Authority shall require a user of sewer services to provide information needed to determine compliance with this article or other applicable local, state or federal laws, rules or regulations.

Wastewater discharge peak rate and volume records over a specified time period.

Information on raw materials, processes and products affecting wastewater volume and quality.

Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.

A plot plan of sewers on the user's property showing sewer facility locations and all proposed sewer connections to these facilities.

Details of systems to prevent and control stormwater from entering municipal sewers.

Payment of all costs incurred for the information described in §§ 142-43 through 142-47 shall be paid by the user of the sewer services in addition to other charges and sewer rentals.

All measurements, tests and analyses of the characteristics of waters and wastewaters to which reference is made in this article shall be determined in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act, and contained in 40 CFR Part 136 and amendments thereto, or with any test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.

The user shall be responsible for submitting all applicable county, regional, state or federal permits or planning required for approval of sewer connection.

§ 142-45 Significant users.

Permit. All significant users proposing to connect to or contribute to the POTW shall obtain a significant user permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall apply for a significant user permit within 30 days after the effective date of this article.

Permit application.

A significant user required to obtain a significant user permit, shall complete and file with the Municipal Authority, an application in the form prescribed by the Municipal Authority and be accompanied by the required fee. In support of the application, the significant user shall submit, in units and terms appropriate for evaluation, the following information:

(a)

Name, address and location (if different from the address).

(b)

SIC number, according to the Standard Industrial Classification Manual, Bureau of the Budget 1987, as amended.

(c)

Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 142-29 through 142-40 of this article, shall be determined by a reliable analytical laboratory in compliance with 40 CFR 403.12(1); sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act, and contained in 40 CFR Part 136, as amended.

(d)

Time and duration of contribution.

(e)

Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.

(f)

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the site, location and elevation.

(g)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(h)

The nature of concentration of any pollutants in the discharge which are limited by any Township, state, or federal 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) and/or additional pretreatment is required for the significant user to meet applicable pretreatment standards.

(i)

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the significant user will provide such additional pretreatment. The completion data in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

[1]

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 required for the use to meet the applicable standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing permit for major components, commencing construction, completing construction, etc.).

[2]

No increment referred to in Subsection B(1)(i)[1] shall exceed nine months.

[3]

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 superintendent, including, as a minimum, whether or not it has complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress; the reason for delay, and the steps being taken by the significant user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent.

(j)

Each product produced by type, amount, process or processes, and rate of production.

(k)

Type and amount of raw materials processed (average and maximum per day).

(l)

Number and type of employees and hours of operation of plant, and proposed or actual hours of operation of pretreatment system.

(m)

Any other information as may be deemed by the Township to be necessary to evaluate the permit application.

The Municipal Authority will evaluate the data furnished by the significant user and may require additional information. After evaluation and acceptance of the data furnished, the Municipal Authority may issue a significant user permit subject to the terms and conditions provided herein.

Permit modification. Upon the promulgation of a National Categorical Pretreatment Standard, the significant user permit of significant users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standards.

Permit conditions. Significant user permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Municipal Authority. Permit may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

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

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports (see § 142-46).

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Municipal Authority and affording the Municipal Authority access thereto. All records shall be maintained for a minimum of three years, and, in the case of litigation, a minimum of three years from the termination or settlement of said litigation.

(9)

Requirements for notification of the Municipal Authority of any new introduction of wastewater constituents of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(10)

Requirement for notification of slug discharge as per § 142-49.

(11)

Other conditions as deemed necessary by the Municipal Authority to ensure compliance with this article.

Permit duration. Permits shall be issued for a specified period, not to exceed five years. A permit may be issued for a period less than a year, or may be stated to expire on a specific date. The significant user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the significant user's existing permit. The terms and conditions of the permit may be subject to modification by the Municipal Authority during the term of the permit, as limitations or requirements as identified in §§ 142-29 through 142-40 are modified or other just cause exists. The significant user shall be informed of any proposed changes in his/her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Permit transfer. Significant user permits are issued to a specific significant user for a specific operation. A significant user permit shall not be reassigned or transferred or sold to a new owner, new significant user, different premises, or a new or changed operation without the written approval of the Municipal Authority. Any succeeding owner shall also comply with the terms and conditions of the existing permit.

Reporting requirements in permits.

Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards, or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any significant user subject to pretreatment standards and requirements shall submit to the Municipal Authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which 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 user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the significant user and certified by a qualified professional engineer, registered in the Commonwealth of Pennsylvania.