[Adopted 6-10-1999 by Ord. No. 103]
A.
This article sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system owned and operated by the White Haven Municipal Authority,
to effect compliance with applicable state and federal laws required
by the Clean Water Act of 1977 and the General Pretreatment Regulations
(40 CFR Part 403).
B.
It is declared that enactment of this article is necessary
for the protection, benefit and preparation of the health, safety
and welfare of inhabitants of this Township.
C.
The objectives of this article are:
(1)
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.
(2)
To prevent the introduction of pollutants into the
municipal wastewater system which will pass through the system inadequately
treated into receiving waters or the atmosphere or otherwise be incompatible
with the system.
(3)
To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system.
(4)
To provide for equitable distribution of the cost
for the implementation of the Municipal Authority's Municipal Industrial
Pretreatment Program.
D.
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.
E.
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.
F.
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.
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF SIGNIFICANT USER
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
CATEGORICAL STANDARDS
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
EDU
ENVIRONMENTAL PROTECTION AGENCY (EPA)
GRAB SAMPLE
HOLDING TANK WASTE
IMPROVED PROPERTY
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
MUNICIPAL AUTHORITY
NATIONAL CATEGORICAL PRETREATMENT STANDARDS or PRETREATMENT
STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES
PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(1)
(2)
(3)
(4)
(5)
OWNER
PASS THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT STANDARDS
PUBLICLY OWNED TREATMENT WORKS (POTW)
SERVICE AREA
SEWER
SIGNIFICANT USER
(1)
(2)
(3)
SIGNIFICANT USER PERMIT
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOWNSHIP
TOXIC POLLUTANT
USER
WASTEWATER
WATER OF THE STATE
Unless the context specifically indicates otherwise,
the following terms and phrases as used in this article shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
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).
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)].
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.
A sewer conveying wastewater from the premises of a user
to the POTW.
National Categorical Pretreatment Standards or "pretreatment
standards."
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.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
Equivalent domestic unit with the following wastewater characteristics:
The U.S. Environmental Protection Agency, or, where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
A sample which is taken from a waste stream on a one-time
basis, with no regard to the flow in the waste stream and without
consideration of time.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
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.
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).
An industrial source of indirect discharge.
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.
The White Haven Municipal Authority.
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).
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of 307(b) of
the Act and 40 CFR Section 403.5.
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(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
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
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).
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.
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.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
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).
Any substantive or procedural requirement related to pretreatment
other than a national pretreatment standard imposed on a significant
user.
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.
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.
Any pipe or conduct constituting a part of the POTW used
or usable for sewage collection services.
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
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.
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.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
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.
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.
The Township of Kidder, Carbon County, Pennsylvania.
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.
Any person who contributes, causes, or permits the contribution
of wastewater into the POTW.
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.
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.
B.
"Shall" is mandatory; "may" is permissive.
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
|
A.
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:
(1)
Any liquids, solids, or gases which by reason of their
nature or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion, or be injurious
in any 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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
No privy vault, cesspool, sinkhole, septic tank or
similar receptacle at any time shall be connected with a sewer.
F.
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.
A.
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.
B.
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.
C.
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.
(1)
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.
D.
A separate and independent building sewer shall be
provided for every building.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
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.
A.
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
|
B.
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
|
State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations, or those in this article.
The Township reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 142-26 of this article.
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.
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.
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.
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.
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.
A.
The Municipal Authority may adopt charges and fees
which may include:
(1)
Fees for reimbursement of costs of setting up and
operating the Municipal Authority's pretreatment program.
(2)
Fees for monitoring, inspections and surveillance
procedures.
(3)
Fees for reviewing accidental discharge procedures
and construction.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
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.
B.
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.
C.
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
|
$__________
|
D.
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.
E.
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.
G.
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.
H.
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.
I.
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.
A.
All users proposing to connect to and contribute to
the POTW shall obtain a user permit before connecting to or contributing
to the POTW.
B.
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.
C.
The Municipal Authority may:
(1)
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.
(2)
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.
(3)
Prohibit the transfer of user permits when an industry
is acquired by a new owner.
(4)
Revoke user permits to ensure against violations of
permit conditions.
D.
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.
(1)
Wastewater discharge peak rate and volume records
over a specified time period.
(2)
Information on raw materials, processes and products
affecting wastewater volume and quality.
(3)
Quantity and disposition of specific liquid, sludge,
oil, solvent or other materials important to sewer use control.
(4)
A plot plan of sewers on the user's property showing
sewer facility locations and all proposed sewer connections to these
facilities.
(5)
Details of systems to prevent and control stormwater
from entering municipal sewers.
E.
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.
F.
The user shall be responsible for submitting all applicable
county, regional, state or federal permits or planning required for
approval of sewer connection.
A.
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.
B.
Permit application.
(1)
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.
(2)
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.
C.
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.
D.
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:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
(2)
Limits on the average and maximum wastewater constituents
and characteristics.
(3)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
(6)
Compliance schedules.
(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.
(11)
Other conditions as deemed necessary by the
Municipal Authority to ensure compliance with this article.
E.
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.
F.
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.
G.
Reporting requirements in permits.
(1)
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.
(2)
Periodic compliance reports.
(a)
Any significant user subject to a pretreatment
standard after the compliance date of such pretreatment standard,
or, in the case of a new source, after commencement of the discharge
to the POTW, shall submit to the superintendent during the months
of June and December, unless required more frequently in the pretreatment
standards or by the superintendent, a report indicating the nature
and concentration of pollutants in the effluent which are limited
by such pretreatment standards. In addition, this report shall include
a record of all daily flow which, during the reporting period, exceeds
the average daily flow allowed in the permit. At the discretion of
the superintendent and in consideration of such factors as local high
or low flow rates, holiday, budget cycles, etc., the superintendent
may agree to alter the months during which the above reports are to
be submitted. 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.
(b)
The Municipal Authority may impose mass limitations on significant users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection G(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where requested by the Municipal Authority, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with the 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 other test procedures accordance with the techniques approved by the administrator.
H.
Monitoring facilities. The Municipal Authority shall
inspect the facilities of any industrial user to ascertain whether
the purpose of this article is being met and all requirements are
being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Municipal Authority or its
representative ready access during all working hours to all parts
of the premises for the purpose of inspection, sampling, records examination,
including the covering thereof, or in the performance of any of their
duties. The Municipal Authority and the EPA shall have the right to
set up on the industrial user's property such devices as are necessary
to conduct sampling, inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into its
premises, the industrial user shall make necessary arrangements with
its security guards so that, upon presentation of suitable identification,
personnel from the Municipal Authority and the EPA will be permitted
to enter without delay, for the purpose of performing their specific
responsibilities.
A.
Users and significant users shall provide necessary
wastewater treatment as required to comply with this article and shall
achieve compliance with all federal categorical pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the Municipal Authority shall be provided, operated and maintained
at the user's expense. Detailed plans showing the pretreatment facilities
and operating procedures shall be submitted to the Municipal Authority
for review, and shall be acceptable to the Municipal Authority before
construction of the facility. The review of such plans and operating
procedures will in no way relieve the user from the responsibility
of modifying the facility as necessary to produce an effluent acceptable
to the Municipal Authority under the provisions of this article. Any
subsequent changes in the pretreatment facilities or method of operation
shall be reported to and be accepted by the Municipal Authority prior
to the user's or significant user's initiation of the changes.
B.
The Municipal Authority shall annually publish in
a newspaper of general circulation a list of the users and significant
users which were not in compliance with any pretreatment requirements
or standards at least once during the previous 12 months. The notification
also shall summarize any enforcement actions taken by the Township
against the users and significant users during the same 12 months.
Reference 40 CFR 403.8(f)(2)(VII).
C.
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or approval
authority upon request.
A.
Information and data on a user or significant user
obtained from reports, questionnaires, permit application, permits
and monitoring programs and other inspections shall be available to
the public or other governmental agency without restriction unless
the user or significant user specifically requests and is able to
demonstrate to the satisfaction of the Township and/or Municipal Authority
that the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets of
the user or significant user.
B.
When requested by the person furnishing a report,
the portions of a report which might disclose trade secrets or secret
processes shall not be available for inspection by the public, but
shall be made available upon written request to governmental agencies
for uses related to this article, the National Pollutant Discharge
Elimination System (NPDES) permit, state disposal permit and/or the
pretreatment program; provided, however, that such portions of a report
shall be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
Whenever the Municipal Authority finds that
any user or significant user has violated or is violating this article,
the permit or significant user permit, or any prohibition, limitation
or requirements contained herein, the Municipal Authority may serve
upon such person a written notice, stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the Municipal Authority by
the user or significant user.
A.
The Municipal Authority may suspend a user permit
or a significant user permit when such suspension is necessary in
the opinion of the Municipal Authority in order to stop an actual
or threatened discharge which presents, or may present, an imminent
or substantial endangerment to the health or welfare of persons, to
the environment, causes interference to the POTW or causes the Municipal
Authority to violate any condition of its NPDES permit.
B.
Any person notified of a suspension of a permit shall
immediately stop or eliminate the discharge. In the event of a failure
of the person to comply voluntarily with the suspension order, the
Municipal Authority shall take steps as deemed necessary to prevent
or minimize damage to the POTW system or endangerment to any individuals.
The Municipal Authority shall reinstate the permit upon proof of the
elimination of the noncomplying discharge by user or significant user,
payment of any damages, fines, penalties or costs associated with
the discharge, and the submittal of a detailed written statement describing
the causes of the harmful contribution and the measures taken to prevent
any future occurrence.
Any user or significant user is subject to revocation
of a permit granted hereunder for violation of applicable state and
federal regulations, or by reason of the commission of any of the
following acts:
A.
Failure to report factually on discharge wastewater
constituents and characteristics.
B.
Failure to report significant changes in operation
or wastewater constituents and characteristics.
C.
Refusal to permit reasonable access to the premises
for inspection and monitoring.
D.
Violation of the condition of the permit.
A.
A user, upon receipt of notification of suspension
or revocation of a user permit or significant user permit, may appeal
the decision in writing to the Board of Supervisors with a statement
of reasons therefor within 10 days of the notice.
B.
Notice of hearing. Thereafter, upon notice in writing
given to the permit holder or any agent or officer thereof at least
five days prior to the time fixed therefor, the Board of Supervisors
shall convene and conduct a hearing on the propriety or lack thereof
of the notice of suspension or revocation. The cost of the stenographic
transcript of such a proceeding shall be borne by the appellant who
shall pay a filing fee of $300 to cover the cost thereof.
C.
Method of decision. The findings and determination
of the Board of Supervisors shall be in writing and shall be mailed
to the owner or to his duly authorized representative within 48 hours
of the hearing, with a certified copy thereof to be filed with the
Municipal Authority, which determination shall be binding both upon
the Municipal Authority and all parties in interest.
D.
Action following appeal decision. If the decision
of the Board of Supervisors sustains the notice of suspension or revocation
of permit, the user shall be given 10 days' notice of the new date
of suspension or revocation by the Municipal Authority.
If any person discharges sewage, industrial
wastes, or other wastes into the Municipal Authority's wastewater
disposal system contrary to the provisions of this article, federal
or state pretreatment requirements, or any order of the Township and/or
Municipal Authority, the Township attorneys may commence an action
for appropriate legal and/or equitable relief in any court of competent
jurisdiction.
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the District Justice. If the defendant
neither pays nor timely appeals the judgement, the Township may enforce
the judgement pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
In addition to prosecution as set forth in § 142-53 hereof, the Township may recover civil penalties of $1,000 per day, per violation, damages, costs, reasonable attorney fees, court costs, and costs of court reporter's transcripts, as well as other expenses of litigation made necessary as the result of violation of this article or the orders, rules, regulations, and permits issued hereunder, to be recovered in an action at law instituted by the Township against the user or significant user alleged to have been responsible therefor.
Any person who knowingly makes any false statements,
representations, or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article or wastewater contribution permit, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under this article, shall be punished as provided
by law.