[Adopted 11-6-2004 by Ord. No. 129-S-04]
A.
East Goshen Township entered an intermunicipal agreement
with West Goshen Township on February 28, 1996, titled, "Agreement
Between West Goshen Township and East Goshen Township Governing Compliance
with Implementation and Enforcement of Industrial Waste Pretreatment
Regulations" (the "agreement") whereby West Goshen Township agreed
to accept sanitary sewage from East Goshen Township into the West
Goshen Township Wastewater Treatment Plant. Pursuant to the Agreement,
East Goshen Township is required to develop, implement and enforce
a federally mandated pretreatment program in compliance with the federal
regulations (codified at 40 Code of Federal Regulations Part 403)
to control wastewater discharges from all industrial users in East
Goshen Township whose sewage is discharged into the West Goshen Township
Sewage Collection System for treatment at the West Goshen Township
Wastewater Treatment Plant.
B.
The East Goshen Township Municipal Authority currently owns the Ridley Creek Sewer Treatment Plant along Towne Drive and the Lockwood Sewer Treatment Plant along Dolphin Drive (collectively, the "East Goshen Plants") which the Municipal Authority leases to the Township. As of the effective date of this article, the East Goshen Plants do not accept sewage from any industrial users. If in the future the Township and the East Goshen Township Municipal Authority agree to accept industrial waste for treatment at the East Goshen Plants, the regulations set forth in this Article IV shall apply and such industrial user(s) shall comply with all standards and regulations in this Article IV.
A.
ACTS
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF USER
(1)
(2)
(3)
(4)
(a)
(b)
(c)
AVERAGE DAILY FLOW
BEST MANAGEMENT PRACTICE (BMP)
BOD (denotes "biochemical oxygen demand")
BYPASS
CATEGORICAL INDUSTRY
CATEGORICAL STANDARDS
COD (denotes "chemical oxygen demand")
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
CONTROL AUTHORITY
DAILY MAXIMUM
DAILY MAXIMUM LIMIT
ENGINEER
EPA
EXTRA-STRENGTH WASTEWATER
GARBAGE
GRAB SAMPLE
INDUSTRIAL USER
INDUSTRIAL WASTEWATER
INDUSTRIAL WASTE DISCHARGE PERMIT
INSTANTANEOUS LIMIT
INTERFERENCE
LOCAL DISCHARGE LIMITS
MONTHLY AVERAGE
MONTHLY AVERAGE LIMIT
MUNICIPAL AUTHORITY
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES
PERMIT
NATIONAL PROHIBITED DISCHARGE STANDARD OR PROHIBITED DISCHARGE
NEW SOURCE
NONCONTACT COOL1NG WATER
OWNER
PASS-THROUGH
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT COORDINATOR
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARD
QUALIFIED PROFESSIONAL
SANITARY SEWAGE, DOMESTIC SEWAGE or SEWAGE
SEWERAGE SYSTEM or SEWER SYSTEM
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(c)
(4)
SIGNIFICANT NONCOMPLIANCE (SNC)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG LOAD
SLUG CONTROL PLAN
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STORMWATER
SURCHARGE
TOTAL SUSPENDED SOLIDS (TSS)
TOTAL KJELDAHL NITROGEN (TKN)
TOWNSHIP
USER
WASTEWATER
WEST GOSHEN TOWNSHIP
WEST GOSHEN TOWNSHIP SEWERAGE SYSTEM
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, as amended, also
known as the "Clean Water Act," as amended, 33 U.S.C. § 1251
et seq. (the "Act"); and the Pennsylvania Sewage Facilities Act, Act
of January 24, 1966, P.L. (1965) 1535, as amended (the Sewage Facilities
Act).
The Environmental Protection Agency (EPA), Region III.
An authorized representative of a user is:
A principal executive officer of at least the
level of vice president if the user is a corporation.
A general partner or proprietor if the user
is a partnership or proprietorship, respectively.
A principal executive officer or a person having
responsibility for the overall operation of the user's facility if
the user is a governmental agency, unincorporated organization or
other similar entity.
A duly authorized representative of the individual designated in Subsections (1) through (3) above if:
The authorization is made in writing;
The authorization specifies either an individual
or a position having responsibility for the overall operation of the
facility from which the industrial discharge originates, such as the
position of plant manager, or a position of equivalent responsibility,
or having overall responsibility for environmental matters for the
company; and
The written authorization is submitted to the
East Goshen Township Sewer Manager.
The wastewater discharge volume for the most recent calendar
month divided by the number of calendar days in that month.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 188-37, 188-38 and 188-39. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
[Added 2-17-2009 by Ord. No. 129-C-09]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/L)]. The standard laboratory procedure shall be found
in the latest edition of Standard Methods for the Examination of Water
and Sewage, published by the American Public Health Association.
The intentional diversion of waste streams from any portion
of an industrial user's facility for pretreatment.
Any industry subject to pretreatment standards as specified in 40 CFR (the "United States Code of Federal Regulations"), Chapter 1, Subchapter N, establishing quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a treatment plant by existing or new industrial users in specific industrial subcategories.
National Categorical Pretreatment Standards.
The quantity of oxygen, expressed in mg/L, required to chemically
oxidize the organic and inorganic matter in a water or wastewater
sample under the standard laboratory procedure. The standard laboratory
procedure shall be that in the latest edition of Standard Methods
for the Examination of Water and Sewage, published by the American
Public Health Association.
BOD, COD, total suspended solids, total Kjeldahl nitrogen,
total phosphorus, fecal coliform bacteria and oil and grease.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The East Goshen Township Board of Supervisors.
The arithmetic average of all the effluent samples for a
pollutant collected during a calendar day.
[Added 2-17-2009 by Ord. No. 129-C-09]
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of concentration, the daily discharge is the arithmetic average measured
of the pollutant concentration derived from all measurements taken
that day.
[Added 2-17-2009 by Ord. No. 129-C-09]
Any consulting engineer appointed by East Goshen Township
or the East Goshen Municipal Authority.
The United States Environmental Protection Agency, including,
where appropriate, the Administrator or other duly authorized official
of said agency.
A wastewater having total suspended solids (tss) in excess
of 300 parts per million (ppm) and biochemical oxygen demand (BOD)
in excess of 250 ppm, which may be acceptable for discharge to the
sewerage system, subject to prior approval of the Sewer Manager and
the discharger's payment of a surcharge as established in this article.
The concentration levels set forth in this definition may be revised
from time to time by resolution of the control authority.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the commercial handling, storage
and sale of produce.
A sample which is taken from a waste stream on a one-time
basis, with no regard to the flow in the waste stream, over a period
of time not to exceed 15 minutes.
Any person discharging anything other than domestic waste
to the sewerage system.
Any water which, during a manufacturing or processing operation,
including those regulated under Sections 307(b), (c) or (d) of the
Act, comes into direct contact with or results from the production
or use of any raw material, intermediate product, finished product,
by-product or waste product, or any other water contaminated by an
industrial and/or commercial process, and distinct from domestic wastewater.
A permit authorizing a person to deposit or discharge industrial
wastewater into the sewerage system.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling.
[Added 2-17-2009 by Ord. No. 129-C-09]
A discharge which alone or in conjunction with a discharge
or discharges from other sources inhibits or disrupts the treatment,
conveyance, processes or operations of the sewerage system or a decrease
in treatment efficiency or which contributes to a violation of any
requirement of an NPDES permit, or which prevents the use or disposal
of sewage sludge in compliance with any of the following statutory
or regulatory provisions or permits issued thereunder: Section 405
of the Act (33 U.S.C. § 1317), any criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), including Title II and Title IV, commonly referred to as the
"Resource Conservation and Recovery Act" (RCRA), the Clean Air Act,
the Toxic Substances Control Act and the Marine Protection, Research
and Sanctuaries Act.
Numerical limitations on the concentration, mass or other
characteristics of wastewater, wastes or pollutants discharged to
the sewerage system by industrial users, and which are developed by
East Goshen Township in compliance with National Categorical Pretreatment
Standards, National Prohibitive Discharge Standards or other applicable
federal and state regulations. For users who are connected to the
West Goshen Township Sewerage System, the local discharge limits shall
be developed by West Goshen Township in compliance with National Categorical
Pretreatment Standards, National Prohibitive Discharge Standards or
other applicable federal and state regulations.[1]
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured that month.
[Added 2-17-2009 by Ord. No. 129-C-09]
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
[Added 2-17-2009 by Ord. No. 129-C-09]
The East Goshen Township Municipal Authority.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317), as from time to time amended, and which are defined in 40 CFR Chapter 1, Subchapter N, Parts 405-471, as from time to time amended.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342), as from time to time amended.
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 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 Categorical Pretreatment
Standards under Section 307(c) of the Act, which standards will be
applicable to such source if such categorical standards are thereafter
promulgated in accordance with that section. Determination of the
applicability of new source standards shall be made as provided in
the Act and 40 CFR 403.3.
Water used for cooling purposes which does not come into
direct contact with any raw material, intermediate product, waste
product or finished product.
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his agent.
Discharge through the sewerage system which exists in quantities
or concentrations, alone or with discharges from other sources, which
causes a violation of any condition of an NPDES permit issued to a
municipality or municipal authority, including an increase in magnitude
or duration of a violation.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of that Department.
Any individual, firm, company, partnership, copartnership,
corporation, association, joint-stock company, trust, estate, group,
society or other legal entity whatsoever, government entity, either
commonwealth or local, and their agencies, commissions, departments
and instrumentalities, or the legal representatives, heirs, successors
and assigns thereof.
The logarithm of the reciprocal of the hydrogen-ion concentration
expressed as moles per liter, which indicates the degree of acidity
or alkalinity of a substance.
Any dredged soil, solid waste, incinerator residue, sewage,
sewage sludge, garbage, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt or industrial, municipal and agricultural waste
discharged into water.
The reduction of the amount of pollutants, the elimination
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 the sewerage system.
The reduction or alteration may be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by the Federal Water Pollution Control Act and 40 CFR
403.6(d), as amended from time to time.
The East Goshen Township Sewer Manager or authorized designee.
For users who are connected to the West Goshen Township Sewerage System,
West Goshen Township or its Sewer Manager shall serve as the pretreatment
coordinator.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard imposed on an industrial user.
Any regulation containing pollutant discharge limits promulgated
by the control authority in accordance with Sections 307(b) and (c)
of the Act, or by East Goshen Township, which applies to industrial
users. This term includes National Categorical Pretreatment Standards,
local discharge limits and prohibited discharge limits established
by this article or other regulatory authority having jurisdiction.
A registered professional engineer skilled in the field of
wastewater treatment.
The normal water-carried household and toilet wastes from
residences, businesses, buildings, institutions and commercial and
industrial establishments.
All facilities leased by the Township from the Municipal
Authority and operated by the Township for the collection, transportation,
treatment or disposal of sanitary sewage. For users in East Goshen
Township whose sewage is treated by West Goshen Township pursuant
to an intergovernmental agreement dated February 26, 1996, such term
shall include the West Goshen Township Sewerage System as defined
herein.
Except as provided for in Subsections (3) and (4) of this
definition, a significant industrial user is:
[Amended 2-17-2009 by Ord. No. 129-C-09]
An industrial user subject to categorical pretreatment
standards; or
An industrial user that:
Discharges an average of 25,000 gallons per
day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewater);
Contributes a process wastestream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW; or
Is designated as such by the Pretreatment Coordinator
on the basis that it has a reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement.
The Township may determine that an industrial
user subject to categorical pretreatment standards is a nonsignificant
categorical industrial user rather than a significant industrial user
on a finding that the industrial user never discharges more than 100
gallons per day (gpd) of total categorical wastewater (excluding sanitary,
noncontact cooling and boiler blowdown wastewater, unless specifically
included in the pretreatment standard) and the following conditions
are met:
The industrial user, prior to Township finding,
has consistently complied with all applicable categorical pretreatment
standards and requirements;
The industrial user annually submits the certification statement required in § 188-47B(1), together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated
concentrated wastewater.
Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Township may, at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
The term shall be applicable to all significant industrial
users (or any other industrial user that violates Subsections (3),
(4) or (7) below) and shall mean:
[Amended 2-17-2009 by Ord. No. 129-C-09]
Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) the numeric pretreatment standard or requirement, including instantaneous limits as defined in § 188-36.
Technical review criteria (TRC) violations, defined as those violations in which 33% or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined in § 188-36, multiplied by the applicable criteria (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants, except pH).
Any other violation of a pretreatment standard or requirement as defined by § 188-36 (daily maximum or longer-term average, instantaneous limit, or narrative standard) that the Township determines has caused, either alone or in combination with other discharges, an interference or pass-through, including endangering the health of POTW personnel or the general public.
Any discharge of a pollutant that has caused
imminent endangerment to the health of the Township personnel, the
environment or the general public; or has resulted in exercising any
emergency authority to halt or prevent such a discharge.
Failure to meet, within 90 days after the scheduled
date, a compliance schedule date or a compliance schedule milestone
contained in the user's industrial waste discharge permit or enforcement
action for starting construction, completing construction or attaining
final compliance.
Failure to accurately and timely report incidents
of noncompliance.
Any other violation(s), which may include a
violation of best management practices, which the Pretreatment Coordinator
determines will adversely affect the operation or implementation of
the local pretreatment program.
Failure to provide, within 45 days after the
due date, any required reports such as baseline monitoring reports,
ninety-day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules.
Any discharge at a flow rate or concentration that may cause
a violation of any pretreatment requirement or pretreatment standard
set forth in this article.
A report prepared by an industrial user and provided to the
Township in accordance with this article which details the existing
and proposed facility plans and operating procedures to be followed
by that user in the event of a slug load.
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
The latest edition of Standard Methods for the Examination
of Water and Wastewater (Standard Methods), a manual published by
the American Public Health Association specifying analytical procedures
for testing and analysis of wastewater.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
An additional charge for the treatment of extra-strength
wastewater in excess of the basic charge for the treatment of wastewater.
The total suspended matter that either floats on the surface
of, or is in suspension in, water or wastewater and is removable by
laboratory filtration as prescribed in Standard Methods.
The sum of the organic nitrogen and ammonia nitrogen present
in wastewater, as measured by standard laboratory procedure as described
in Standard Methods.
East Goshen Township, a political subdivision of the Commonwealth
of Pennsylvania.
Any person who contributes wastewater into the sewerage system.
The combined flow of sanitary sewage and industrial wastewater,
together with such quantities of infiltration and inflow as may be
present.
A political subdivision of the Commonwealth of Pennsylvania
who, pursuant to an intermunicipal agreement with West Goshen dated
February 28, 1996, has agreed to accept sanitary sewage from East
Goshen Township for treatment at the West Goshen Township Wastewater
Treatment Plant.
The sewage collection and treatment system of West Goshen
Township and West Goshen Township Sewer Authority and any pipe, conduit
or other equipment which carries wastewater to the West Goshen Township
publicly owned treatment plant (POTW) or any of its component parts.
[1]
Editor's Note: The former definition of "milligrams
per liter," which immediately followed, was repealed 2-17-2009 by
Ord. No. 129-C-09.
B.
Words in the present tense include the future. The
singular number includes the plural number. The plural number includes
the singular number. The word "shall" is mandatory, while the word
"may" is permissive.
Except as otherwise provided in this article,
no user shall discharge or cause to be discharged to the sewerage
system any sewage, industrial wastewater or other matter or substance:
A.
Having a temperature which will inhibit biological
activity in the sewerage system resulting in interference, but in
no case with a temperature at the introduction into the sewerage system
which exceeds 120° F. or is less than 40° F., and in no case
heat in such quantities that the temperature of the influent to the
POTW exceeds 104° F.
B.
Containing petroleum oils, nonbiodegradable cutting
oils or other products of mineral origin, animal fats, oil, wax or
grease or other similar substances (collectively called "oil and grease")
in amounts that will cause pass-through or interference.
C.
Containing any liquids, solids or gases at concentrations which are, or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewerage system or to the operation of the POTW. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, paint products, sulfides and any substance having a closed cup flashpoint of less than 140° F. using the test methods specified in 40 CFR, Chapter 1, Subpart C, Section 261.21.
D.
Containing solid or viscous substances at concentrations
which will cause obstruction to the flow in a sewer or other interference,
such as but not limited to ashes, cinders, spent lime, stone dust,
sand, mud, straw, shavings, metals, glass, rags, grass clippings,
feathers, tar, plastics, wood, whole blood, paunch manure, bentonite,
lye, building materials, rubber, asphalt residues, hairs, bones, leather,
porcelain, china, ceramic wastes, polishing wastes or glass grindings.
E.
Having a pH, stabilized, lower than 6.0 or higher
than 9.0 or having any other corrosive or scale-forming property capable
of causing damage or hazard to structures, equipment, bacterial action
or personnel of the sewerage system.
F.
Containing pollutants, including oxygen-demanding
pollutants, (BOD etc.), released in a discharge at a flow rate and/or
pollutant concentration which, either singly or by interaction with
other pollutants, may injure or cause either interferences or a pass-through
or interference in the sewerage system, constitute a hazard to humans,
animals, plants, create a toxic effect in the receiving waters of
the POTW or exceed any limitation set forth in a National Categorical
Pretreatment Standard.
G.
Containing 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 result in toxic gases,
vapors or fumes in the sewerage system in a quantity that will cause
worker health and safety problems.
H.
Containing objectionable color not removed in the
treatment process, such as but not limited to dye wastes and vegetable
tanning solutions.
I.
Containing radioactive substances of such half-life
or concentration as may exceed limits which are prohibited by applicable
state or federal regulations.
J.
Prohibited by any permit, statute, rule, regulation,
ordinance or resolution issued or promulgated by the Township or any
public agency having jurisdiction, including the state and the EPA.
K.
Containing any substance which will cause the sewerage
system to violate the Municipal Authority's NPDES permit, the West
Goshen Township Sewer Authority's NPDES permit (for users who are
connected to the West Goshen Township Sewerage System) or the receiving
water quality standards.
L.
Containing any substance which shall cause the sewerage
system to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 or other applicable
or amended sections of the Act, or be in noncompliance with any criteria,
guidelines or regulations affecting sludge use or disposal promulgated
pursuant to the Solid Waste Control Act, or State Clean Air Act, the
Toxic Substances Control Act or state criteria applicable to the sludge
management method being used.
M.
Containing nonbiodegradable complex carbon compounds.
N.
Constituting a slug load.
O.
Containing stormwater, surface water, uncontaminated
groundwater, roof runoff, foundation drain water or drainage from
the fields.
P.
Containing any garbage with particles greater than
1/2 inch in size.
Q.
Containing pesticides, unless upon written request,
special permission is obtained from the Township.
R.
Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test.
[Added 2-17-2009 by Ord. No. 129-C-09]
S.
Detergents, surface-active agents or other substances
that might cause excessive foaming in the POTW.
[Added 2-17-2009 by Ord. No. 129-C-09]
A.
Tank truck or hauled waste discharges to the sewerage
system are prohibited, except as authorized hereinafter.
B.
Tank truck or hauled wastes may only be discharged
into sewerage system upon the issuance of a discharge permit by the
Township.
C.
Tank truck or hauled wastes authorized for discharge
shall be discharged only at the location, time and at a rate fixed
by the discharge permit.
D.
Tank truck or hauled waste discharges shall not include
any industrial wastewater except as authorized in writing by the Township.
E.
Prior to discharge, the tank truck or hauled waste
shall be subject to inspection and sampling by the Township.
F.
Tank truck or hauled waste discharges shall be subject
to rates and charges in accordance with a schedule established by
the Township, as amended from time to time.
A.
Any user discharging wastewater to the sewerage system
defined as extra-strength wastewater in this article or as revised
in such resolutions as the Township or West Goshen Township, in the
case where the user is connected to the West Goshen Township Sewerage
System, shall adopt from time to time shall pay the surcharge established
in this chapter or as amended by resolution of the Board of Supervisors.
The effective date of any change in definitions or fees shall be stated
in all such resolutions.
B.
No user shall discharge into the sewerage system any
extra-strength wastewater without a written permit from the Township
providing for sampling and the payment of a surcharge to the Township
or West Goshen Township (in the case where the user is connected to
the West Goshen Township Sewerage System), in accordance with the
formulas set forth in the current pretreatment chapter. The Township
and West Goshen Township (in the case where the user is connected
to the West Goshen Township Sewerage System) shall retain and have
the right at any time to give notice to the industrial user that extra-strength
discharges will no longer be accepted.
C.
The surcharge computations shall be based on the wastewater
sample analyses for the most recent complete calendar quarter. Surcharges
shall be based on wastewater sample analyses (or, in the absence thereof,
on the Township estimates) for the calendar quarter which they apply.
The surcharge formulas are independent of each other and measure different
characteristics of the same wastewater. Surcharges measured by each
formula are cumulative.
A.
Permit required for discharge of industrial wastewater.
Prior to the discharge of any industrial waste or other waste not
defined as sanitary sewage into the sewerage system, the discharger
shall first obtain an industrial wastewater discharge permit issued
by the Township.
B.
Local discharge limits.
(1)
The Township shall, by resolution adopted by the Township's
Board of Supervisors, establish and promulgate local discharge limits
regulating the discharge of specific pollutants to the sewerage system
by industrial users. Local discharge limits may be established for
any substance which is discharged, or likely to be discharged, to
the sewerage system. Such limits shall be calculated as mandated by
the pretreatment coordinator and the Engineer, and may be amended
from time to time by the control authority.
(2)
Local discharge limits may limit concentration, mass
or a combination of the two.
(3)
The procedure for the calculation of local discharge
limits shall be as recommended by the EPA.
(4)
Local discharge limits shall be calculated to prevent
interference; pass-through; the discharge of toxic materials in toxic
amounts; threats to worker health and safety; physical, chemical or
biological damage to the sewerage system; and noncompliance with the
Municipal Authority's NPDES permit or the West Goshen Township Sewer
Authority's NPDES permit (in the case where the user is connected
to the West Goshen Township Sewerage System).
(5)
Local discharge limits applicable to industrial users
shall be adopted by resolution of the Township. Local discharge limits
applicable to all industrial users shall be included in all industrial
waste discharge permits.
(6)
Discharging any pollutant in excess of a local discharge
limit established for that pollutant shall be a violation of this
article.
A.
All industrial users shall provide and maintain at their own expense facilities adequate to prevent an accidental discharge or slug load of any substance stored or used at the industrial user's facilities that, if discharged into the sewerage system, will violate any of the provisions of §§ 188-37 and 188-40 of this article. Slug control plans shall be submitted, as requested, to both the Township and West Goshen Township, in the case where the user is connected to the West Goshen Township Sewerage System, detailing the facility plans and operating procedures to be utilized by the industrial user for this protection. Slug control plans shall contain, at a minimum, the following information, in addition to such additional data as shall be required from time to time by the pretreatment coordinator:
(1)
A description of discharge practices, including nonroutine
discharges; and a complete description of stored chemicals.
(2)
Procedures for immediately notifying the pretreatment
coordinator and the municipality to whose sewer collection system
the industrial user is connected of accidental discharges and slug
loads into the sewerage system.
(3)
Procedures to prevent adverse impacts from such discharges
and procedures to prevent reoccurrence of all such discharges.
B.
An industrial user proposing to connect to the sewerage
system after the effective date of this article shall submit a copy
of its slug control plan to the Township and West Goshen Township,
in the case where the user is connected to the West Goshen Township
Sewerage System, and to the pretreatment coordinator for approval,
or demonstrate to the satisfaction of the pretreatment coordinator
they are not needed, before connection to the sewerage system. Review
of such plans and operating procedures shall not relieve the industrial
user from the responsibility to modify the industrial user's facility
as necessary to meet the requirements of this article.
C.
In the case of an accidental discharge or slug load
to the sewerage system of any pollutant, the industrial user shall
immediately notify by telephone both the municipality to whose sewer
system the industrial user is connected and the Pretreatment Coordinator
of the incident. The notification shall include information regarding
the location of the discharge, the kind of pollutants involved, the
concentration and volume of the discharge and corrective actions planned
or taken.
[Amended 2-17-2009 by Ord. No. 129-C-09]
D.
Within five days following an accidental discharge
or slug load, unless waived by the Pretreatment Coordinator, the industrial
user shall submit to the municipality to whose sewer system the industrial
user is connected and to the Pretreatment Coordinator a detailed written
report describing the cause of the discharge and the measures to be
taken by the industrial user to prevent similar future occurrences.
Such notification shall not relieve the industrial user of any liability
on account thereof.
[Amended 2-17-2009 by Ord. No. 129-C-09]
E.
A notice shall be permanently posted by each industrial
user on a bulletin board or other prominent place advising employees
who to call in the event of an accidental discharge or slug load.
Employers shall ensure that all employees who may cause such an accidental
discharge to occur are advised of the emergency notification procedure.
[Amended 2-17-2009 by Ord. No. 129-C-09]
F.
Significant industrial users are required to immediately
notify the pretreatment coordinator of any changes at its facility
affecting the potential for a slug discharge.
[Added 2-17-2009 by Ord. No. 129-C-09]
If the National Categorical Pretreatment Standards, located in 40 CFR Chapter 1, Subchapter N, Parts 405-471, as amended from time to time, for any industrial user are more stringent than limitations imposed under this article for industrial users in that subcategory, then the pretreatment standards shall apply and are hereby incorporated in this article. The Township shall notify all affected industrial users of the applicable reporting requirements under 40 CFR 403.12. If an industrial user subject to a National Categorical Pretreatment Standard has not previously submitted an application for an industrial waste discharge permit, the industrial user shall apply for a permit within 90 days of the promulgation of the National Categorical Pretreatment Standard.
Except where expressly authorized to do so by
an applicable pretreatment standard or pretreatment requirement, no
industrial user shall increase the use of process water or in any
other way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with a pretreatment standard
or requirement. The Township may impose mass limitations on industrial
users in cases where the imposition of mass limitations is appropriate.
State requirements and limitations on industrial
wastewater discharges shall apply in any case where they are more
stringent than federal requirements and limitations or those established
and imposed in this article.
The Township reserves the right to establish
more stringent limitations or requirements on discharges to the sewerage
system.
A.
General.
(1)
No industrial users shall connect to or discharge
wastewater to the sewerage system without an industrial waste discharge
permit.
(2)
Upon written application to the Township, but prior
to discharge, the pretreatment coordinator may determine that industrial
users which are not significant industrial users or do not have industrial
wastewater do not require an industrial waste discharge permit and
may discharge industrial wastewater to the sewerage system, but are
required to comply with all other provisions of this article. If an
industrial user makes changes to the processes, flow, wastewater concentration,
wastewater characteristics or other operations reported in the most
recent industrial waste discharge questionnaire filed by the industrial
user with the Township, and those changes result in its meeting the
definition of an industrial user, the industrial user shall immediately
upon becoming aware that such a change has occurred, or 90 days prior
to such a change if it is planned, notify in writing both the Township
and West Goshen Township, in the case where the user is connected
to the West Goshen Township Sewerage System, and, if the application
and proposed discharge are in compliance with this article, obtain
an industrial waste discharge permit, which shall be issued within
90 days of submission of the permit application.
(3)
Where an industrial user, subject to a newly promulgated
National Categorical Pretreatment Standard, has not previously submitted
an application for an industrial waste discharge permit, the user
shall, within 90 days after the promulgation of the applicable National
Categorical Pretreatment Standard:
B.
Permit application.
(1)
Industrial users shall file with the pretreatment
coordinator a complete and accurate industrial waste discharge permit
application in the form prescribed by the Township.
(2)
The application for an industrial waste discharge
permit shall be fully completed and verified in writing by the industrial
user or a duly authorized and knowledgeable officer, agent or representative
thereof. The application shall contain, in units and terms appropriate
for evaluation, such scientific or testing data or other information
as may be required by the Township, and the industrial user shall
pay an application fee to and shall reimburse the Township for all
expenses incurred as a result of the processing of the signed application.
The Township and West Goshen Township, in the case where the user
is connected to the West Goshen Township Sewerage System, shall have,
at their discretion, the right to inspect the premises, equipment
and material and laboratory testing facilities of the applicant.
(3)
Notwithstanding the above, the applicant shall provide
the following minimum information to the pretreatment coordinator:
(a)
Name and address of the user; name, title and
telephone number of responsible official; name, title and phone number
of person to contact for information about the industrial waste discharge.
(b)
Description of the industry and the manufacturing
processes or operations that occur there and the types of products
that are produced.
(c)
Applicable standard industrial classification
codes for activities conducted at the facility.
(d)
Statement as to whether the industry is subject
to compliance with National Categorical Pretreatment Standards, and
if so, which ones apply.
(e)
Indication and description of the sources of
or the processes that produce industrial wastewaters.
(f)
Wastewater constituents and characteristics
as required by the Township and as determined by a reliable analytical
laboratory; sampling and analysis shall be performed in accordance
with procedures established by the EPA pursuant to Section 304(g)
of the Act and contained in 40 CFR 136, as amended. If the discharge
is from a proposed new discharge, wastewater characteristics shall
be reliably estimated in accordance with accepted procedures.
(g)
Volume of industrial wastewater to be discharged
to the sewerage system and the methods of measuring the same. Flow
volume information shall include the time and duration of the discharge
and the average daily and thirty-minute peak wastewater flow rates,
including monthly and seasonal variations, if any.
(h)
Description of any wastewater treatment facilities
or processes used or proposed to be used to treat the industrial wastes
prior to their discharge to the sewerage system.
(i)
Schematic flow diagram showing the existing
and proposed sources of industrial wastewater and the on-site treatment
processes.
(j)
The quantity of sludges removed from the industrial
user's facility system and their method and location of disposal.
(k)
Description of any other wastes that are removed
from the industrial user's facility system, their quantities and methods
and locations of disposal.
(l)
List of raw materials used or stored on the
premises, their material safety data sheets, their approximate quantity
of usage on a monthly basis and what they are used for.
(m)
Plans and specifications for a sampling manhole.
(n)
A list of any additional environmental control
permits held by or for the facility, such as air quality permits,
RCRA permits, stormwater management permits and all other required
permits.
(o)
Such additional information as the Township
shall require.
(4)
Review and approval.
(a)
The industrial waste discharge permit application
shall be reviewed by the Township and West Goshen Township, in the
case where the user is connected to the West Goshen Township Sewerage
System, and if acceptable to such municipality, shall be submitted
to the pretreatment coordinator for review and approval.
(b)
No industrial waste discharge permit shall be
issued to an industrial user whose discharge of materials to sewers,
whether shown upon the application or determined after inspection
and testing conducted by the Township or West Goshen Township, in
the case where the user is connected to the West Goshen Township Sewerage
System, is not in conformance with federal, state or the Township's
ordinances and resolutions. If an application is denied, the Township
shall state in writing the reason or reasons for denial, and said
written communication shall be delivered to the applicant, and if
applicable, to the municipality to whose sewer system the industrial
user is proposing to connect.
(5)
If the Township denies an application for an industrial
waste discharge permit, the industrial user may, within 60 days after
its receipt of the Township's denial, request review by the control
authority of such denial. The request for review shall be in writing
and shall specify the grounds for review, and shall be accompanied
by such appropriate supporting information and documents as shall
be sufficient to apprise the control authority of the substance of
the industrial user's position. The control authority at a public
hearing shall review the industrial waste discharge permit application,
the Township's written denial and such other evidence and matters
as the industrial user shall present at a public hearing. It shall
also consider all evidence offered by the Township or the pretreatment
coordinator and any interested party. The public hearing shall take
place no later than 45 days following receipt of the industrial user's
written request for the review. The control authority's written decision
shall be provided to the industrial user within 20 days of the close
of the public hearing or hearings and shall be final.
(6)
If, based on the characteristics of the industrial
user's waste discharge, additional pretreatment and/or operation and
maintenance procedures are required to meet any Township, municipal,
state or federal pretreatment standards, the industrial user shall
submit to the Township and West Goshen Township (in the case where
the user is connected to the West Goshen Township Sewerage System)
prior to issuance of the industrial waste discharge permit the shortest,
reasonable schedule by which the industrial user will provide such
additional pretreatment. The Township and West Goshen Township (in
the case where the user is connected to the West Goshen Township Sewerage
System) shall include a compliance schedule acceptable to the Township
and/or West Goshen Township, as the case may be, in the user's industrial
waste discharge permit, which shall be conditional upon compliance
with timely implementation of the additional pretreatment required.
The following conditions shall apply to this schedule:
(a)
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 industrial user to meet the applicable pretreatment
standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.).
(b)
No increment shall exceed nine months.
(c)
Not later than 14 days following each date in
the schedule and the final date for compliance, the industrial user
shall submit to both the pretreatment coordinator and the municipality
to whose sewer system it is connected a written report, including,
as a minimum, whether or not it 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 industrial user to return the construction
and implementation to the schedule established. In no event shall
more than three months elapse between such progress reports to the
pretreatment coordinator and the municipality to whose sewer system
it is connected.
C.
Permit action. A permit issued under this section
may be modified, revoked and reissued or terminated for good cause,
including but not limited to the following:
(1)
To incorporate any new or revised federal, state or
local pretreatment standards or requirements.
(2)
Material or substantial alterations or additions to
the discharger's operation which were not covered in its current permit.
(3)
A change in any condition that requires either a temporary
or permanent reduction or elimination of the authorized discharge.
D.
Permit conditions.
(1)
Industrial waste discharge permits shall be expressly
subject to all provisions of this article and all other applicable
regulations, resolutions, user charges and fees established by the
Township and West Goshen Township, in the case where the user is connected
to the West Goshen Township Sewerage System. Permits shall contain
the following:
(a)
Effluent limits, including best management practices,
based on applicable pretreatment standards;
[Amended 2-17-2009 by Ord. No. 129-C-09]
(b)
Requirements for submission of technical reports
or discharge reports, including the information to be contained and
the signatory requirements of these reports. These requirements shall
include an identification of pollutants (or best management practice)
to be monitored, sampling location, sampling frequency, and sample
type based on federal, state and local law;
[Amended 2-17-2009 by Ord. No. 129-C-09]
(c)
Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by the Township
and affording the Township and West Goshen Township, in the case where
the user is connected to the West Goshen Township Sewerage System,
access thereto;
(d)
Requirements for notification of the Township
and West Goshen Township, in the case where the user is connected
to the West Goshen Township Sewerage System, in advance of any new
introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the sewerage system;
(e)
Requirements for notification of slug discharges;
(f)
List of prohibited discharges;
(g)
Statement of duration of the permit;
(h)
Notification of the rules regarding transferability,
if allowed;
(i)
Notification of penalties provided for noncompliance;
(j)
Specifications for monitoring programs which
may include sampling locations, frequency of sampling, number, types
and standards for tests and reporting schedule;
(k)
Right of entry requirements upon the property
and within the facility for which the permit is issued by authorized
representatives of the Township and the municipality to whose sewer
system the user is connected; and
(l)
Indemnification of the Township and such municipality
from all liability resulting from or on account of any discharge.
(m)
Requirements to control slug discharge, if determined
by the Pretreatment Coordinator to be necessary.
[Added 2-17-2009 by Ord. No. 129-C-09]
(2)
Permits may also contain other requirements, including
but not limited to:
(a)
Limits on the average and maximum rate and time
of discharge or requirements for flow regulation and equalization;
(b)
Requirements for installation and maintenance
of inspection and sampling facilities and pretreatment facilities;
(c)
Compliance schedules; and
(d)
Other conditions as deemed appropriate by the
Township or the municipality to whose sewer system the industrial
user is connected to ensure compliance with this article, applicable
municipal ordinances or other requirements.
(3)
Issuance of an industrial waste discharge permit in
no way relieves the industrial user from any liability on account
of its discharge into the sewerage system, whether such discharge
is permitted thereby or not.
E.
Permit duration and permit fees.
(1)
Industrial waste discharge permits shall be issued
for an initial one-year period and shall expire at the end of that
one-year period unless the Township or West Goshen Township, in the
case where the user is connected to the West Goshen Township Sewerage
System, elects to revoke the permit on or before its expiration. Upon
the user's payment of the requisite permit fee to the Township, renewal
permits shall be issued for a period not to exceed five years upon
written application of the permittee made at least 60 days prior to
the permit's expiration. Subsequent permits may be issued upon payment
to the Township of the requisite fee for up to five-year periods upon
prior written application made to the Township at least 90 days before
the permit's scheduled expiration. The terms and conditions of the
permit shall be subject to modification by the Township or West Goshen
Township, in the case where the user is connected to the West Goshen
Township Sewerage System, during the term of the permit. The industrial
user shall be informed of any proposed changes in its permit at least
30 days prior to the effective date of the change. However, the Township
or West Goshen Township, in the case where the user is connected to
the West Goshen Township Sewerage System, shall use their best efforts
to inform the industrial user of such change at least 60 days prior
to the effective date of the change, but its/their failure to do so
shall not preclude or delay implementation of the required change.
In the event that such changes require major changes in pretreatment
by the industrial user, and the industrial user's failure to comply
with the amended discharge requirements does not itself or with other
failures to comply put the Township or West Goshen Township, in the
case where the user is connected to the West Goshen Township Sewerage
System, in substantial danger of violating any agreement, permit,
regulation, ordinance or law, then the pretreatment coordinator may
grant the industrial user a period not to exceed six months from the
date otherwise required for compliance within which to effect such
changes to its pretreatment facilities as are necessary to comply
with the permit's terms and conditions. Upon demonstration of justifiable
cause proven by the permittee within the said six-month period, the
pretreatment coordinator may extend the date otherwise required for
compliance for such additional reasonable period of time as he determines
necessary. No extensions shall be considered or granted unless the
industrial user makes written request for a time extension and submits
to the Township and West Goshen Township, in the case where the user
is connected to the West Goshen Township Sewerage System, an implementation
schedule acceptable to the Township and such municipality contemporaneously
with the extension request.
(2)
Permit fees and renewal fees shall be established
by resolution adopted and amended from time to time by the control
authority and shall include but not necessarily be limited to the
following: an application review fee, an administrative fee, a sampling
fee, an analytical costs fee, any surcharges and/or fines and any
miscellaneous expenses incurred from the purchase or utilization of
any sampling apparatus and/or activities.
F.
Permit transfer. Industrial waste discharge permits
are issued to a specific industrial user for a specific operation.
An industrial waste discharge permit shall not be reassigned or transferred
or sold to a new owner, new user, different premises, different facilities
or a new or changed operation without the approval of the Township
and West Goshen Township, in the case where the user is connected
to the West Goshen Township Sewerage System. The succeeding owner
or industrial user shall file a new application and, until permit
or modification thereof is issued, shall comply with the terms and
conditions of the existing industrial waste discharge permit and such
additional permit conditions as the Township and such municipality
shall require.
G.
Waste characteristic change. Any industrial user who
plans or becomes aware of a change in the method of operation or in
the pretreatment facilities which will increase the concentration
of pollutants which are regulated by this article or the volume of
wastewater discharged to the sewerage system shall notify the Township
and West Goshen Township, in the case where the user is connected
to the West Goshen Township Sewerage System, of the change at least
90 days prior to such change. If required by the Township or the municipality,
the industrial user shall apply for an industrial waste discharge
permit that reflects the proposed changes. The new industrial waste
discharge permit will be subject to a fee to reimburse the Township
and such municipality for all expenses incurred as a result of the
processing of the permit and permit application. Approval or denial
of a new industrial waste discharge permit shall be regulated by the
procedures established hereunder for the issuance of an original permit.
H.
Files. The Township shall maintain files in which
copies of all industrial waste discharge permits, revisions thereto
and supporting data will be filed for reference. Files shall be maintained
for a period of at least five years. This period of retention shall
be extended during the course of any unresolved litigation regarding
the industrial user or when requested by EPA.
A.
Compliance date report under National Categorical
Pretreatment Standards. Within 90 days following the date for final
compliance with applicable National Categorical Pretreatment Standards
or, in the case of a new source, following commencement of the introduction
of wastewater into the sewerage system, any industrial user subject
to National Categorical Pretreatment Standards shall submit to the
Township and West Goshen Township, in the case where the user is connected
to the West Goshen Township Sewerage System, a written report indicating
the nature and concentration of all pollutants in the discharge from
the regulated process which are limited by categorical standards,
and the average and maximum daily flow from these process units in
the user's facility which are limited by such categorical standards.
The report shall state whether the applicable categorical standards
are being met on a consistent basis and, if not, what additional operations
and maintenance and/or pretreatment are scheduled to bring the industrial
user into compliance with the applicable categorical standards. This
statement shall be signed by an authorized representative of the user
and, when requested by the Township, certified by a qualified professional.
B.
Periodic compliance reports.
[Amended 2-17-2009 by Ord. No. 129-C-09]
(1)
Each industrial user shall submit to the Township
and the municipality to whose sewer system it is connected, during
the months of April, July, October and January, or by such date as
otherwise specified in the industrial user's industrial waste discharge
permit or otherwise by the Township, a complete and accurate written
report, in form and content as prescribed by the Township, indicating
the nature and concentration of pollutants in the discharge during
the reporting period which are regulated by the industrial waste discharge
permit. All monitoring data obtained for purposes of determining compliance
with the industrial waste discharge permit by certified analytical
techniques must be reported by the industrial user. In addition, this
report, where applicable, shall include a record of all daily flows
which, during the reporting period, exceeded the maximum daily flow
listed in the industrial user's industrial waste discharge permit.
In cases where the pretreatment standard requires compliance with
a best management practice (BMP) or pollution prevention alternative,
the user must submit documentation required by the Pretreatment Coordinator
or the pretreatment standard necessary to determine the compliance
status of the user. All periodic compliance reports shall also contain
the following certification statement signed by the authorized representative
of the user:
|
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a procedure designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the facilities proposed
to be connected to the sewerage system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations relating to unsworn falsifications."
|
(2)
A facility determined to be a nonsignificant categorical
industrial user by the Pretreatment Coordinator must annually submit
the following certification statement signed by the authorized representative
of the user. This certification must accompany an alternative report
required by the Pretreatment Coordinator:
|
"Based on my inquiry of the person or persons
directly responsible for managing compliance with categorical pretreatment
standards under 40 CFR, I certify that, to the best of my knowledge
and belief that during the period from _______________ to ___________
[insert dates]:
| ||
|
(a) The facility described as [facility name] met the definition of nonsignificant categorical industrial user as per § 188-36;
| ||
|
(b) The facility complied with all applicable
pretreatment standards and requirements during this reporting period;
and
| ||
|
(c) The facility never discharged more than
100 gallons of total categorical wastewater on any given day during
this reporting period.
| ||
|
This compliance certification is based on the
following information:
| ||
(3)
The Township may impose mass limitations where the imposition of mass limitations is appropriate. In such cases, the periodic compliance report required by Subsection B(1) shall state the mass of pollutants regulated in the industrial user's discharge permit to the sewerage system. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or, where requested by the Township, production and mass of pollutants contained therein, which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the industrial users industrial waste discharge permit. All sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, and amendments thereto, or with any other test procedures approved by the EPA.
(4)
For categorical industries that have mass limits as
categorical standards, the Township may specify equivalent concentrations
to regulate the strength of the industrial user's discharge. If concentration
limits are regulated in lieu of mass discharge limits, the industrial
user must provide the Township and West Goshen Township (in the case
where the user is connected to the West Goshen Township Sewerage System)
with the following information as part of each written compliance
report:
(5)
The industrial wastewater discharged into the sewerage
system shall be sampled and analyzed by and at the expense of the
industrial user, and copies of the original laboratory reports listing
the results of the analyses and the analytical methods used shall
be submitted to the Pretreatment Coordinator.
(6)
Except as indicated in Subsection B(7) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Township. Regardless of the sampling technique used, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics, and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Township, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(7)
For sampling required in support of baseline monitoring
and ninety-day compliance reports, a minimum of four grab samples
must be used for pH, cyanide, total phenols, oil and grease, sulfide,
and volatile organic compounds for facilities for which historical
sampling data do not exist; for facilities for which historical sampling
data are available, the Pretreatment Coordinator may authorize a lower
minimum. For periodic compliance reporting, the industrial user is
required to collect the number of grab samples necessary to assess
and assure compliance with applicable pretreatment standards and requirements.
(8)
Written reports will be deemed to have been submitted
on the date postmarked. For reports which are not mailed, postage
prepaid, into a mail facility serviced by the United States Postal
Service, the date of receipt of the report shall govern.
(9)
All records and information resulting from the monitoring
activities required by the industrial waste discharge permit, any
additional records of information obtained pursuant to any monitoring
activities undertaken independent of such requirements, and documentation
associated with established best management practices shall be retained
by the industrial user for at least five years. This period of retention
shall be extended during the course of any unresolved litigation regarding
the industrial user or the Township or when requested by either the
Township or the EPA.
C.
Baseline monitoring report.
(1)
Where an industrial user, subject to a newly promulgated
National Categorical Pretreatment Standard, has not previously submitted
the baseline monitoring information required by 40 CFR 403.12(b),
as from time to time amended, the industrial user shall, within 180
days after the promulgation of the applicable National Categorical
Pretreatment Standard, provide this information to the Township and
West Goshen Township (in the case where the user is connected to the
West Goshen Township Sewerage System). The report shall include all
items required by 40 CFR 403.12(b).
(2)
A new source, or an industrial user proposing to discharge
wastes into the sewerage system that is subject to a National Categorical
Pretreatment Standard, shall submit to the Township and West Goshen
Township (in the case where the user is connected to the West Goshen
Township Sewerage System) the baseline monitoring report required
by 40 CFR 403.12(b) at least 90 days prior to commencement of discharge
from the regulated process or facility.
D.
Noncompliance discharge report.
[Amended 2-17-2009 by Ord. No. 129-C-09]
(1)
If sampling performed by an industrial user indicates
a violation of this article, an applicable pretreatment standard or
the industrial user's industrial waste discharge permit, the industrial
user shall notify the Pretreatment Coordinator and municipality to
whose sewer system the industrial user is connected within 24 hours
of becoming aware of the violation. The industrial user shall also
repeat the sampling and analysis and submit the results of the repeat
analysis to the Pretreatment Coordinator and to such municipality
within 30 days after becoming aware of the violation.
(2)
Resampling by the industrial user is not required
if the Township performs sampling at the user's facility between the
time when the initial sampling was conducted and the time when the
user or the Township receives the results of this sampling, or if
the Township has performed the sampling and analysis in lieu of the
industrial user.
A.
When requested by the Township or West Goshen Township,
in the case where the user is connected to the West Goshen Township
Sewerage System, all industrial users shall provide and operate, at
their own expense, monitoring facilities to allow inspection, sampling
and flow measurements of its industrial waste discharge. The monitoring
facility should normally be situated on the industrial user's premises,
but the Township or West Goshen Township, in the case where the user
is connected to the West Goshen Township Sewerage System, may, when
such a location would be impractical or cause undue hardship on the
industrial user, allow the facility to be constructed in the public
street or sidewalk area, subject to the issuance of proper permits
for such purpose, and located so that it will not be obstructed by
landscaping or parked vehicles.
B.
The monitoring facility shall be constructed in accordance
with plans and specifications approved by the Township and West Goshen
Township, in the case where the user is connected to the West Goshen
Township Sewerage System. There shall be ample room in or near such
facility to allow accurate sampling and preparation of samples for
analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at
the expense of the industrial user. The facility shall be located
as to be accessible at all times to persons authorized by the Township
or West Goshen Township, in the case where the user is connected to
the West Goshen Township Sewerage System. By obtaining an industrial
waste discharge permit, the industrial user consents to the entry
upon its land and facility and agrees to facilitate such entry by
representatives of the Township and such municipality, and further
consents to the use of the monitoring facility for observation, sampling
and measuring of the wastewater discharge at all times. Construction
of the monitoring facility shall be completed within 120 days following
issuance of the industrial waste discharge permit.
C.
The failure of a user to keep its monitoring facilities
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
[Added 2-17-2009 by Ord. No. 129-C-09]
The Township and West Goshen Township, in the
case where the user is connected to the West Goshen Township Sewerage
System, may inspect the facilities of any industrial user. Persons
or occupants of premises where wastewater is created or discharged
shall allow the Township or its representative, or West Goshen Township
in the case where the user is connected to the West Goshen Township
Sewerage System or its representatives, as a condition of the permit
issued by the Township authorizing any discharge to the sewerage system,
ready access at all reasonable times, and in the event of emergency
situations posing an immediate threat to the sewerage system, to all
parts of the premises, buildings and facilities for the purpose of
inspection, sampling records examination and copying, or in the performance
of any of their duties. The Township, such municipality and 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 an industrial user has security
measures in force which would require proper identification and clearance
before entry onto their premises, the industrial user shall make necessary
arrangements with its security guards so that upon presentation of
suitable identification, personnel from the Township, such municipality
or EPA will be permitted to enter, without delay.
A.
Industrial users shall provide necessary pretreatment
and flow-equalizing facilities as required to comply with this article
and shall achieve compliance with all applicable National Categorical
Pretreatment Standards within the time limitations as specified by
the appropriate federal regulations, or as otherwise required by the
Township. Any industrial user required to pretreat or flow-equalize
wastewater to a level in compliance with the provisions of this article
shall be provided, operated and maintained at the industrial users
sole expense. Detailed plans and other materials and documents showing
the pretreatment facilities and operating procedures shall be submitted
to the pretreatment coordinator and West Goshen Township, in the case
where the user is connected to the West Goshen Township Sewerage System,
for review before construction of the facility. The review of such
plans and operating procedures shall in no way relieve the industrial
user from the responsibility of modifying the facility as necessary
to produce an effluent in compliance with the provisions of this article.
Any subsequent changes in the pretreatment facilities, flow-equalizing
facilities or method of operation shall be reported to and be reviewed
and commented on by the Township and West Goshen Township, in the
case where the user is connected to the West Goshen Township Sewerage
System, prior to the industrial user's initiation of the changes.
B.
The industrial user may allow a bypass which does
not cause pretreatment standards to be violated, but only for essential
maintenance to assure efficient operation. If an industrial user knows
in advance of the need for a bypass, it shall submit prior written
notice to the pretreatment coordinator and to the municipality to
whose sewer system it is connected at least 10 days before the date
of the bypass. The industrial user shall give oral notice of an unanticipated
bypass that exceeds applicable pretreatment standards to the pretreatment
coordinator and the municipality to whose sewer system it is connected
immediately after an unanticipated bypass incident is brought under
control, but in no event later than four hours from the time the industrial
user becomes aware of the bypass. A written report shall also be provided
to the pretreatment coordinator within five working days of the time
the industrial user becomes aware of the bypass. The written report
shall contain a description of the bypass and its cause; the duration
of the bypass, including exact dates and times, and, if the bypass
has not been corrected, the anticipated time it is expected to continue;
and, the steps taken or planned to reduce, eliminate and prevent reoccurrence
of the bypass.
C.
The Township shall annually publish in the local daily
newspaper of largest circulation within the Township's service area
a list of industrial users serviced by the Township which were in
significant noncompliance with any applicable pretreatment standards
or pretreatment requirements during the preceding twelve-month period.
D.
All records relating to compliance with pretreatment
standards and pretreatment requirements shall be made available to
the Township, West Goshen Township (in the case where the user is
connected to the West Goshen Township Sewerage System) and the EPA
upon request.
E.
The Township and West Goshen Township (in the case
where the user is connected to the West Goshen Township Sewerage System)
shall have access to all such pretreatment facilities and flow-equalizing
facilities as required by this article at all reasonable times for
purposes of inspection and testing and, in the event of an emergency
posing a threat to the sewerage system, at any time.
A.
It shall be a violation of this article and the industrial user's discharge permit for an industrial user to discharge any quantity of waste to the sewerage system, which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Chapter 1, Section 261.1 et seq., Subparts A through D, as from time to time amended. In the event of an accidental discharge, the industrial user shall provide an immediate written notification of such discharge, but in no event later than four hours from the time the user becomes aware of or in the exercise of reasonable prudence should have become aware of the discharge, to the Township, to West Goshen Township, in the case where the user is connected to the West Goshen Township Sewerage System, to the EPA Region III Waste Management Division Director and to DEP. Failure to provide such notice shall constitute a violation of this article.
B.
The notification required by Subsection A shall include the name of the hazardous waste as in 40 CFR, Chapter 1, Section 261.1 et seq., Subparts A through D, as from time to time amended, the EPA hazardous waste number, the type of discharge (continuous, batch or other) and a certification under penalties of perjury that the industrial user has a program in place to reduce to compliance levels the volume and toxicity of hazardous wastes illegally discharged to the sewerage system. If the industrial user's discharge to the sewerage system constitutes more than 100 kilograms of such waste, the notification shall also include an identification of the hazardous constituents contained in the waste and an estimation of the mass and concentration of such constituents.
A.
Information and data on an industrial user obtained
from reports, questionnaires, permit applications, permits, notifications,
monitoring programs and inspections shall be available to the public
or any governmental agency upon written request unless the industrial
user specifically requests in writing and is able to demonstrate to
the Township's satisfaction that the release of such information would
divulge information, processes or methods of production entitled to
protection as trade secrets of the industrial user.
B.
When requested by the person furnishing a written
report, those portions of a report that have been accepted by the
Township as confidential shall not be made available for inspection
by the public, but shall be made available upon written request to
governmental agencies for uses related to this article, the NPDES
permit, state disposal system permits and/or the state or federal
pretreatment programs; provided, however, that such portions of any
report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the person
or industrial user furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
C.
When information accepted by the Township as confidential
is transmitted to any governmental agency by the Township, a written
notification to the industrial user shall be provided by the Township
listing the confidential information transmitted and the governmental
entity requesting the information.
B.
Both the Township and West Goshen Township, in the
case where the user is connected to the West Goshen Township Sewerage
System may, in their discretion, require that each industrial user
connected to its sewer system which has been issued an industrial
waste discharge permit install, calibrate, maintain and use any meter
or measuring device specified therein at the industrial user's own
expense. The municipality which accepts the industrial waste shall
be responsible for the reading of all meters or measuring devices.
The Township and West Goshen Township, in the case where the user
is connected to the West Goshen Township Sewerage System, shall have
the absolute right, but not the duty, of reading the meters, from
time to time, at its discretion. The meters and devices shall be made
available for meter reading at any reasonable time and, in the event
of an emergency posing a threat to the sewerage system, at any time.
A.
Immediate suspension of discharge presenting imminent
danger.
(1)
The Township and West Goshen Township, in the case
where the user is connected to the West Goshen Township Sewerage System,
shall order the immediate suspension of discharge of wastewater to
the sewer system when such suspension is necessary, in the opinion
of the Township or West Goshen Township, as the case may be, in order
to stop or prevent an actual or threatened discharge which presents
an imminent danger of harm to people, to the sewerage system or to
the environment, or interference ("dangerous discharge").
(2)
Any industrial user notified of an order to suspend
shall comply therewith immediately. In the event of a failure of the
industrial user to comply voluntarily with the suspension order, the
Township or West Goshen Township, in the case where the user is connected
to the West Goshen Township Sewerage System, shall take such steps
as it deems necessary to enforce compliance with the order to effect
the suspension of discharge of the industrial user's wastewater into
the sewerage system, including immediate severance of the industrial
user's sewer connection to the Township's or to West Goshen Township's
Sewerage System. The Township or West Goshen Township shall permit
reinstatement of the discharge upon satisfactory proof of the elimination
of the imminent and substantial danger referred to above. The industrial
user shall submit a detailed written report to the Township and West
Goshen Township (in the case where the user is connected to the West
Goshen Township Sewerage System) describing the causes of the actual
or threatened discharge and the measures taken to prevent any future
occurrence within 15 days of the date of the first such discharge
or threat of discharge. The Township and West Goshen Township (in
the case where the user is connected to the West Goshen Township Sewerage
System) shall have the concurrent right and power to suspend discharge
by such industrial user to the sewerage system and to enforce the
requirements of this subsection.
(3)
Nothing herein shall be construed to prohibit the
Township and West Goshen Township (in the case where the user is connected
to the West Goshen Township Sewerage System) from enforcing this article,
or any part hereof, or from enjoining and preventing the discharge
of any hazardous waste or any other discharge deemed unlawful or dangerous
to the sewerage system by any legal process selected by the Township
and West Goshen Township (in the case where the user is connected
to the West Goshen Township Sewerage System), including but not limited
to an action or actions at law or in equity for injunctive relief
and damages, administrative enforcement proceedings, criminal enforcement
proceedings authorized by any federal or state statute or law, or
through any other authorized legal proceeding. All remedies of the
Township and West Goshen Township, in the case where the user is connected
to the West Goshen Township Sewerage System, shall be cumulative.
B.
Termination of service. Any user who violates any
provision of this article, any regulation promulgated by the Township
pursuant to this article or any enabling legislation, any resolution
promulgated by the Board of Supervisors pursuant to or related to
this article, any applicable state or federal regulations or an industrial
waste discharge permit or any condition thereof shall be subject,
in addition to any civil or criminal penalties which may be imposed,
to severance of its sewer connection to the sewerage system, termination
of its sewage service and revocation of its industrial waste discharge
permit.
C.
Notification of violation. Whenever the Township or
West Goshen Township, in the case where the user is connected to the
West Goshen Township Sewerage System, finds that the industrial user
has violated or is violating this article, an industrial waste discharge
permit or any prohibition, limitation, condition or requirements contained
herein, or has failed to timely provide the Township or West Goshen
Township, in the case where the user is connected to the West Goshen
Township Sewerage System, with the information needed to accurately
determine compliance with any pretreatment standard or pretreatment
requirement, the Township or West Goshen Township, in the case where
the user is connected to the West Goshen Township Sewerage System,
or both, may serve upon such person or industrial user who is in violation
a written notice of violation. The notice may require a response in
the form of a plan, explanation, compliance schedule or other appropriate
response within a specified time period. Compliance with any such
requirement shall be mandatory.
D.
Legal action by municipalities. If any industrial
user violates the provisions of this article, Township, federal or
state pretreatment standards or pretreatment requirements, its industrial
waste discharge permit, any prohibition, limitation, condition or
requirements contained therein or herein or any order issued by the
Township or other governmental authority having jurisdiction related
to the sewerage system or the sewer service of the Township or West
Goshen Township, in the case where the user is connected to the West
Goshen Township Sewerage System, either the Township or West Goshen
Township, in the case where the user is connected to the West Goshen
Township Sewerage System, or both, may commence an action or actions
at law or in equity for appropriate legal and/or equitable relief
in the Court of Common Pleas of Chester County, and may, in addition,
take such other enforcement action as provided for in this section.
As a precondition to the Township's acceptance
of sewage effluent containing industrial wastewater from another municipality,
each such municipality connected to the sewerage system shall, within
90 days after adoption of this article, enact regulations imposing
the discharge restrictions (and require compliance with industrial
waste discharge permits), charges, reporting and monitoring requirements
no less stringent than those set forth in this article on all users
within its jurisdiction, and establishing procedures for compliance
with this article. Such requirement shall be embodied in a written
agreement between the Township and such municipality. All such regulations
so adopted shall be amended within 60 days, as necessary, to impose
the same standards and requirements as those imposed by the Township
through amendment of this article. Such municipality shall, upon adoption
of the required regulations, give written notice to all commercial
and industrial dischargers connected to the municipality's sewerage
system of all of the regulatory compliance requirements related to
industrial waste discharge permits.
A.
The Township may establish, by resolution adopted by the Board of Supervisors, a recommended schedule of civil penalties which may be imposed by the Township against any industrial user who violates a provision of this article or its industrial waste discharge permit that is in significant noncompliance or which fails to respond timely and adequately to any notice of violation issued by the Township in accordance with the Township's civil assessment policy. In assessing such penalties, the Township shall provide the noncomplying industrial user with the opportunity to show cause why a civil penalty pursuant to § 188-58 hereof should not be assessed. Notice shall be served upon the industrial user specifying the time and place of a hearing to be held by the Township's Board of Supervisors, or a hearing officer designated by the Board for that purpose. Notice of the hearing shall be served by the Township's administrative staff upon the industrial user and any other party in interest at least 10 days before the hearing by regular United States Mail, postage prepaid.
B.
In furtherance of any such proceeding, the Board or
hearing officer, as the case may be, shall have the following powers:
(1)
Issue in the name of the Township notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings;
(2)
Issue subpoenas and take the evidence; and
(3)
Make findings of fact, conclusions of law and render
a decision and order, which may include the imposition of a civil
penalty or such other order as the Board shall direct.
C.
Testimony at the hearing shall be under oath and recorded
stenographically. A transcript shall be made available to any party
to the proceeding upon payment of the charges therefor. All other
administrative costs of the proceedings, including but not limited
to stenographer attendance fees, advertising, postage and notices
and similar costs, shall be paid for by the user, who shall deposit
with its request for hearing a deposit escrow fee of $1,000 from which
the administrative fees shall be paid. Any balance remaining after
payment of all such costs shall be returned to the user requesting
the hearing.
The Township may seek injunctive relief in a proceeding in equity for the prevention, abatement or termination of any prohibited discharge to the sewerage system, for a violation of any pretreatment standard or for violation of any other provision of this article in any of the following circumstance. In any such proceeding, the Township may seek to collect any civil penalties assessed, or unpaid, pursuant to §§ 188-56 and 188-58 hereof.
A.
A discharge from an industrial user presents an imminent
danger of substantial harm to the sewerage system, Township personnel,
the environment or the public or imperils or results or may result
in a violation of any federal or state permits held by the Township
or the West Goshen Township Sewer Authority relating to the use, operation
and maintenance of the sewerage system.
B.
A discharge from an industrial user presents an imminent
or substantial endangerment to the environment.
C.
A discharge from an industrial user causes the Municipal
Authority or the West Goshen Township Sewer Authority to violate any
condition of their NPDES permit.
D.
An industrial user has shown a lack of ability or
intention to comply with a pretreatment standard.
A.
Fines to be established by Township and by municipalities. As a precondition to the Township's acceptance of sewage effluent containing industrial wastewater from another municipality, each municipality that discharges or is connected to the sewerage system shall, within 90 days of the adoption of this article, enact an ordinance which provides that any industrial user who is found to have violated the ordinance specified by § 188-55 hereof shall be liable to a fine of up to $1,000, together with the costs of prosecution and the municipality's reasonable attorney's fees, for each offense in a criminal enforcement proceeding commenced before a District Justice. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such requirement shall be embodied in a written agreement between the Township and such municipality. In addition to all other remedies and penalties provided for in this article, the Township may commence and prosecute an enforcement action before any District Justice for a violation of this article as provided for in this section wherein the violator shall be subject to the fine, costs and fees provided for herein; provided, however, that should any violation of this article constitute a violation of the Sewage Facilities Act, a District Justice shall be authorized to impose a fine of up to $5,000, together with the costs of prosecution and the municipality's reasonable attorney's fees, for each such offense.
C.
Civil penalties for violations by industrial users. To the extent that any provisions of this article are enabled by the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, as amended, any industrial user who violates any substantive or procedural provision of § 188-40 et seq. hereof or any term or condition of any industrial waste discharge permit may, in addition to all other civil and criminal penalties authorized by this article, be assessed a civil penalty of up to $5,000 for each such violation, as is determined by the Township depending upon the severity of the violation, pursuant to the procedures and standards set forth in Section 13.1 of the Sewage Facilities Act, 35 P.S. § 750.13a and 13b(b). In addition, the Township may assess against and collect from such violator the cost of damages caused by such violation and the cost of correcting the violation. Each violation for each separate day shall constitute a separate and distinct violation. Notwithstanding the foregoing, a single operational upset which gives rise to simultaneous violations shall be treated as a single violation.
D.
Uses of civil penalties collected by Township. Civil
penalties collected pursuant to this section shall be placed in a
restricted account and shall only be used for the repair of damage
and any additional maintenance needed or any additional costs imposed
as a result of the violation for which the penalty was imposed, to
pay any penalties imposed upon the Township by the federal or state
governments for violation of pretreatment standards, for the costs
incurred by the Township to investigate and take enforcement action
that resulted in a penalty being imposed and for the monitoring of
discharges in a pretreatment program. Funds remaining in the restricted
account after the foregoing uses have been met may be used for capital
improvements to the Township's sewerage system.
