[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Merion 10-19-2011 by Ord. No. 3958. Amendments noted where applicable.]
Health and sanitation — See Ch. 90.
Plumbing — See Ch. 115.
Sewers — See Ch. 126.
Editor's Note: This ordinance also repealed former Ch. A178, Wastewater Control Regulations, adopted 5-20-1992 by Ord. No. 3285, as amended. In addition, Ord. No. 3958 provided that nothing within said ordinance is to be construed to affect any suit or proceedings in any court, any rights acquired or liability incurred, any permit issued or any cause or causes of action under the prior Ch. A178.
The purpose of this chapter is to establish requirements for direct and indirect contributors to the Township of Lower Merion wastewater collection system, which conveys wastewater to the City of Philadelphia for treatment; and to enable the Township and the City to comply with all applicable state and federal laws required by the Clean Water Act and implementing regulations, including, but not limited to, the General Pretreatment Regulations (40 CFR Part 403) and the National Categorical Pretreatment Standards (40 CFR Chapter I, Subchapter N)
Pursuant to a service agreement between the Township and the City of Philadelphia dated May 20, 1992, the Township utilizes a wastewater treatment system owned and operated by the City of Philadelphia.
Pursuant to an interjurisdictional pretreatment agreement between the Township and the City of Philadelphia dated May 20, 1992, the Township and the City have agree that the City shall implement a pretreatment program within the Township and shall perform in connection therewith technical and administrative activities; and the Township shall adopt regulations and enforce specific wastewater discharge limits at least as stringent as the regulations and discharge limits adopted and established by the City.
[Amended 10-18-2017 by Ord. No. 4117]
The Township hereby adopts by reference the City of Philadelphia Sewer and Wastewater Control Regulations, effective January 1, 2013, as published by the Philadelphia Water Department and available at <http://www.phila.gov/water/PDF/PWDregCH5.pdf>, subject to the following modifications and additional requirements:
The City is the control authority and the Township is the contributing jurisdiction.
The City shall enforce the Wastewater Control Regulations, including inspections and penalties, with notification to the Township.
All required notifications and reports shall be made to both the City and the Township.
The City shall administer industrial pretreatment permit applications, and a copy of permit applications shall be submitted to the Township.
Any industrial user responsible for any accidental discharge of wastewater must immediately notify both the City and the Township.
Except as allowed by federal pretreatment standards, dilution as a control technique for compliance with discharge limits is prohibited.
The City, with notification to the Township and as part of its approval, modification or administration of industrial pretreatment permits, may impose mass discharge limits in lieu of, or in conjunction with, concentration discharge limits.
The knowing transmittal of false information by an industrial user to either the City or the Township is prohibited and constitutes a wastewater control regulation violation.
The City or the Township may require an industrial user to install monitoring and pretreatment facilities, and these shall be provided and operated at the user's own expense.
Any authorized officer or employee of the City may, upon 24 hours' notification to the Township, enter and inspect, sample or test at any reasonable time any part of the Township wastewater collection system, and, as appropriate, enter onto private property to inspect, sample or test waste discharges of industrial users; the Township may also choose to inspect, sample and test waste discharges of the industrial users.
Where a discharge to the wastewater collection system reasonably appears to present an imminent danger to the health and welfare of persons, or presents or may present an imminent danger to the environment, or threatens to interfere with the operation of the City's wastewater treatment system, the City or the Township may immediately initiate steps to identify the source of the discharge, and to hold or prevent said discharge.
[Amended 10-18-2017 by Ord. No. 4117]
In addition to those penalties for violations specified by the City of Philadelphia Wastewater Control Regulations, effective January 1, 2013, any user who is found to have violated, continues to violate or fails to comply with any provision of the rules, regulations and permits issued hereunder shall be liable to the Township for a civil penalty not exceeding $1,000 or the maximum fine allowed by law for each offense plus actual damages incurred by the Township per violation per day, for as long as the violation continues. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense; each term, condition or parameter violated shall also be deemed a separate and distinct offense. In addition to the penalties and damages provided herein, the Township may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses associated with the enforcement activities, including sampling and monitoring expenses, against the person found to have violated these regulations or the orders, rules, regulations and permits issued hereunder.