[HISTORY: Adopted by the Board of Commissioners of the Township
of Lower Merion 10-19-2011 by Ord. No. 3958.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 90.
Plumbing — See Ch. 115.
Sewers — See Ch. 126.
[1]
Editor's Note: This ordinance also repealed former Ch.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)
A.
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.
B.
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:
A.
The City is the control authority and the Township is the contributing
jurisdiction.
B.
The City shall enforce the Wastewater Control Regulations, including
inspections and penalties, with notification to the Township.
C.
All required notifications and reports shall be made to both the
City and the Township.
D.
The City shall administer industrial pretreatment permit applications,
and a copy of permit applications shall be submitted to the Township.
E.
Any industrial user responsible for any accidental discharge of wastewater
must immediately notify both the City and the Township.
F.
Except as allowed by federal pretreatment standards, dilution as
a control technique for compliance with discharge limits is prohibited.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
