[Adopted 5-17-1993 by Ord. No. 345; amended
in its entirety 3-22-2004 by Ord. No. 568]
[Amended 8-13-2007 by Ord. No. 640]
A.
Purpose and policy.
(1)
This article sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system for the Township of Exeter (Township) and enables the Township
to comply with all applicable state and federal laws required by the
Clean Water Act of 1977 and the General Pretreatment Regulations (40
CFR Part 403), as amended.
(2)
The objectives of this article are:
(a)
To prevent the introduction of pollutants into
the Exeter Township wastewater system which will interfere with the
operation of the system or contaminate the resulting sludge;
(b)
To prevent the introduction of pollutants into
the Exeter Township wastewater system which will pass through the
system, inadequately treated, into receiving waters or the atmosphere
or otherwise be incompatible with the system;
(c)
To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system; and
(d)
To provide for equitable distribution of the
cost of the Exeter Township wastewater system.
(3)
This article provides for the regulation of direct
and indirect contributors to the Exeter Township wastewater system
through the issuance of permits to certain nondomestic users and through
enforcement of general requirements for the other users, authorizes
monitoring and enforcement activities, requires user reporting, assumes
that existing customer's capacity will not be preempted and provides
for the setting of fees for the equitable distribution of costs resulting
from the program established herein.
(4)
This article shall apply to the Township of Exeter
and to persons outside the Township who are, by contract or agreement
with the Township, users of the Exeter Township wastewater management
system.
B.
ACT or THE ACT
AGENCY (REGULATORY AGENCY)
AMMONIA NITROGEN (NH3-N)
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
(a)
(b)
(c)
AUTHORITY
BEST MANAGEMENT PRACTICES (BMPs)
BOD5 (BIOCHEMICAL OXYGEN DEMAND)
BUILDING SEWER OR LATERAL
BYPASS
(1)
(2)
CATEGORICAL STANDARDS (NATIONAL CATEGORICAL PRETREATMENT STANDARDS
or PRETREATMENT STANDARD)
CHAIN OF CUSTODY
CHLORINE DEMAND
CHURCH
COD (CHEMICAL OXYGEN DEMAND)
COLLECTION FACILITIES
COMMERCIAL USER
COMPOSITE SAMPLE
CONSUMPTION CHARGE
CONTROL AUTHORITY
CONVENTIONAL WASTEWATER POLLUTANTS
CONVEYANCE FACILITIES
COOLING WATER (NONCONTACT COOLING WATER)
DAILY MAXIMUM
DIRECT DISCHARGE
DISSOLVED SOLIDS
DOMESTIC WASTE
DWELLING UNIT (RESIDENTIAL UNIT)
ENVIRONMENTAL PROTECTION AGENCY (EPA)
EQUIVALENT DWELLING UNIT
EXETER TOWNSHIP WASTEWATER MANAGEMENT SYSTEM
FLASHPOINT
FLAT RATE CUSTOMERS
GARBAGE
GRAB SAMPLE
GROUND GARBAGE
GROUNDWATER
HAZARDOUS POLLUTANTS
HOLDING TANK WASTE
IMPROVED PROPERTY
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL USER
INDUSTRIAL WASTE PERMIT
INDUSTRIAL WASTEWATER (WASTE)
INTERFERENCE
(1)
(2)
MANHOLE
MASS LOADING
MAY
METERED NONRESIDENTIAL CUSTOMER
METERED RESIDENTIAL CUSTOMER
MG/L
MINIMUM CONSUMPTION CHARGE
MOBILE HOME PARK
MONTHLY AVERAGE
MULTIPLE DWELLING CUSTOMER
NATIONAL CATEGORICAL PRETREATMENT STANDARDS (PRETREATMENT STANDARDS,
CATEGORICAL STANDARDS)
NATIONAL PROHIBITIVE DISCHARGE STANDARDS (PROHIBITIVE DISCHARGE
STANDARDS, GENERAL PRETREATMENT REGULATIONS)
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES
PERMIT)
NATIONAL STANDARDS (NATIONAL PRETREATMENT STANDARDS, PRETREATMENT
STANDARD, STANDARD)
NATURAL OUTLET
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NONDOMESTIC SOURCE
NONDOMESTIC WASTE
NONSIGNIFICANT CATEGORICAL INDUSTRIAL USER (NSCIU)
(1)
(2)
(3)
(4)
NORMAL STRENGTH WASTE
OBJECTIONABLE WASTE
OWNER
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW (PUBLICLY OWNED TREATMENT WORKS)
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PROCESS WASTEWATER
RECEIVING STREAM
REPRESENTATIVE SAMPLE
RESIDENTIAL USER/DOMESTIC SOURCE
RESIDUALS (SLUDGE, RESULTANT ASH)
SANITARY SEWER
SANITARY WASTEWATER
SERVICE CHARGE
SEWAGE
SEWAGE TREATMENT PLANT
SEWER SYSTEM
SHALL
SLUG
SIGNIFICANT INDUSTRIAL USER
(1)
(a)
(b)
[1]
[2]
[3]
(2)
SPLIT SAMPLE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
STORMWATER SEWER (STORM SEWER, STORM DRAIN)
STRONG WASTE
STRONG WASTE SURCHARGE
SURFACE WATER
TOTAL SOLIDS
TOTAL SUSPENDED SOLIDS (TSS)
TOWNSHIP
TOXIC (PRIORITY) POLLUTANTS
TOXIC SUBSTANCE
TREATMENT WORKS
USER(S)
UNPOLLUTED WATER
WASTEWATER
WATERS OF THE COMMONWEALTH (WATERS OF THE STATE)
Definitions. Unless the context specifically indicates
otherwise, the meaning of terms used in this article shall be as follows:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, P.L. 92-500, as amended, 33 U.S.C.
§ 1251 et seq.
Any local, municipal, state, regional or federal entity with
jurisdiction over wastewater disposal or environmental matters in
the Exeter Township's service area.
The quantity of elemental nitrogen present in the form of
ammonia as analyzed by the approved EPA method, expressed in terms
of mg/l.
The Environmental Protection Agency (EPA).
In the case of a corporation a president, secretary,
treasurer or vice president of the corporation in charge of a principal
business function or any other person who performs similar policy-making
or decisionmaking functions for the corporation; or the management
of one or more manufacturing, production or operation facilities,
if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures;
In the case of a partnership or sole proprietorship,
a general partner or proprietor; or
A duly authorized representative of the individual
designated above if:
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, operator of a well or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company;
The authorization is in writing; and
The written authorization is submitted to Exeter
Township.
The Exeter Township, Berks County Sewer Authority or, in
appropriate cases, acting by and through its authorized representatives.
Schedules of activities, prohibitions or practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 305-21. BMPs also 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 12-28-2009 by Ord. No. 689]
The quantity of oxygen, expressed in mg/l, utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure for five days at 20° C. The standard laboratory procedure
shall be that found in the latest edition of "Standard Methods for
the Examination of Water and Sewage" published by the American Public
Health Association.
The extension of the building drain from the curbline or
property line to the public sewer or other place of disposal.
With regard to the pretreatment program, it
shall mean the intentional diversion of waste streams from any portion
of the industrial user's pretreatment facility.
With regard to the metering of customers' water
consumption or volume of wastewater, it shall mean intentional diversion
of flows prior to the water meter when such flows are or may be ultimately
discharged to the sewer system.
A categorical industrial user shall mean any industry which
is regulated under federal categorical standards.
Written documentation such as receipts and record book entries
to show the history of possession, custody and/or control of a sample
from collection through analysis.
The quantity of chlorine absorbed in water, sewage and other
liquids, allowing a residual of 0.1 mg/l, after 15 minutes of contact.
Any improved property, the purpose of which is for the gathering
of people for public Christian worship. For the purposes of this article,
churches shall be classified as residential.
The quantity of oxygen, expressed in mg/l, utilized in chemical
oxidation of organic matter under standard laboratory procedure.
The sewers, lift stations and other Exeter Township facilities
used to collect wastewater from individual users within specific tributary
districts and transport them to conveyance facilities for transmission
to the treatment plant for processing.
A source of discharge of wastewater to the Exeter Township
sewer system from premises used partially or entirely for commercial
purposes.
A sample prepared by combining discrete samples collected
from the waste stream either at periodic time intervals or in proportion
of the waste stream flow. The frequency of discrete sample collection
is a function of variability of types of pollutant(s) concentration(s)
and/or volume of waste stream flow.
A charge per 1,000 gallons of water consumption in excess
of the minimum consumption charge. This charge shall be in addition
to the service charge and the minimum consumption charge.
The approval authority, defined hereinabove, or the Township
of Exeter when the Township has an approved pretreatment program under
the provisions of 40 CFR 403.11.
Pollutants so designed in accordance with Section 304(a)(4)
of the Act as being effectively managed by secondary treatment as
defined by 40 CFR Part 133.
The interceptors, pumping stations and other Exeter Township
facilities used to transport wastewater from tributary districts to
centralized areas for wastewater treatment.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product, to which the only pollutant added is heat and which does
not contain a level of contaminants detestably higher than that of
the sources of the water.
The maximum allowable discharge of a pollutant during a calendar
day. Where maximum limitations are expressed in units of mass, the
daily discharge is the total mass discharged over the course of a
day. Where daily maximum limitations are expressed in terms of concentration,
the daily discharge is the arithmetic average measurement of the pollutant
derived from all measurements taken that day.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania which may occur
through Exeter Township's stormwater conduits.
The anhydrous residues of the dissolved constituents in water
or wastewater.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and industrial establishments.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as a separate business or a separate
living, quarters by a family or other group of persons living together
or by a person living alone.
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
The quantity of flow which is equivalent to the average amount
of water consumed by a single residential unit served by the Exeter
Township sanitary sewer system.
All components, piping, valving, equipment, structures, conveyance
facilities, collection facilities and other sewerage facilities administered
by Exeter Township for purposes of wastewater collection, conveyance
and/or treatment.
The temperature at which a liquid or volatile solid gives
off vapor sufficient to form an ignitable mixture with the air near
the surface of the liquid or within the test vessel. Flashpoint is
determined by the test methods set out in 40 CFR 261.21.
Customers who have their own source of water, such as wells
or springs, and have elected not to have a water meter installed to
measure the water consumption.
Solid waste resulting from the domestic and commercial preparation,
cooking and dispensing of food and from handling, storage and sale
of produce.
An individual discrete sample collection from a waste stream
taken at neither set time nor set flow.
Garbage that has been shredded to such a degree that all
its particles will be carried freely under normal sewer flow conditions,
with no particle greater than 1/2 inch in any dimension.
Water which is standing in or passing through the ground.
Substances so defined pursuant to criteria established within
Section 311 of the Act.[1]
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, vacuum-pump tank trucks or trucked
or hauled pollutants and/or sludge.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sanitary
sewage and/or industrial wastes shall be or may be discharged.
Introduction of pollutants into the Exeter Township wastewater
treatment plant from any nondomestic source regulated under Section
307(b),(c) or (d) of the Act.
Any improved property used, in whole or in part, for manufacturing,
processing, cleaning, laundering or assembling any product, commodity
or article; or from which any process waste, as distinct from domestic
waste, shall be discharged.
A source of indirect discharge to the Exeter Township Wastewater
Management System. An industrial establishment.
A permit issued to an industrial user by Exeter Township
to deposit or discharge liquid industrial wastes into any sanitary
sewer operated by the Township.
The liquid or waterborne wastes from industrial or manufacturing
processes. Unless specifically stated otherwise, this term shall not
include sanitary sewage or sanitary wastewater components.
A discharge, alone or in conjunction with a discharge or
discharges from other sources, which:
Inhibits or disrupts the Exeter Township wastewater
treatment plant, its treatment processes, operations or maintenance
activities, or its sludge and resultant ash processes, use, reuse,
recycling or disposal.
Therefore is a cause of a violation of any requirement
of the Township's operating permits (including an increase in the
magnitude or duration of a violation) or of the prevention of sewage
sludge use, recycling or reuse or disposal in compliance with the
following statutory provisions and regulations or permits issued thereunder
(or more stringent state or local statutes and/or regulations): Section
405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA) [including
Title II more commonly referred to as the "Resource Conservation and
Recovery Act" (RCRA), and including any applicable Commonwealth of
Pennsylvania regulations contained in any sludge management plan prepared
pursuant to Subtitle D of the SWDA]; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection, Research and Sanctuaries
Act.
A shaft or chamber leading from the surface of the ground
to a sewer; large enough to enable a man to gain access to the sewer.
The mass of pollutant(s) discharged from a user's connection
with respect to either time, or in cases of certain industrial users,
in terms of characteristic production units.
Is permissive; "shall" is mandatory.
All customers not classified as a residential customer.
A customer who is a single-family residential facility connected
to the sewer system.
Milligrams per liter and is equivalent to parts per million
(ppm) by weight.
A charge for a minimum volume of water consumption which
shall be applied to all metered customers and which will cover the
Township's costs for meter readings, recovery of all capital costs
of meters and meter reading equipment, as well as transportation,
labor and overhead associated with administration of service to each
metered customer. This charge shall be in addition to the service
charge.
Any improved property which has four or more mobile home
units connected to the sewer system through one or more sewer connections.
The arithmetic mean of the values for effluent samples collected
over a calendar month.
Any improved property housing four or more dwelling units
which are connected to the sewer system through one or more sewer
connections. The term multiple dwelling customer shall include "mobile
home park."
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1341) which applies to a specific category of industrial
users and pretreatment standards as published in 40 CFR Parts 405
through 471.
Any regulation containing pollutant discharge limits promulgated
by the EPA under the authority of Section 307(b) of the Act and as
published in 40 CFR Parts 401 through 403.
A permit issued to Exeter Township pursuant to Section 402
of the Act (33 U.S.C. § 1342).
The collective system of National Categorical Pretreatment
Standards and National Prohibitive Discharge Standards as published
in 49 CFR Parts 401 through 471.
Any outlet into a watercourse, pond, ditch, lake, other body
of surface or groundwater.
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards under Section 307(c) of the Act, which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation
is constructed at a site where no other source is located; or
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production of wastewater generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is integrated with the existing plant, and
the extent to which the new facility is engaged in the same general
type of activity as the existing source should be considered.
Construction on a site at which an existing
source is located results in a modification rather than a new source
if the construction does not create a new building, structure, facility
or installation meeting the criteria of Subsection A(2) and (3) of
this definition but otherwise alters, replaces or adds to existing
process or production equipment.
Construction of a new source as defined under
this subsection has commenced if the owner or operator has:
Begun or caused to begin as a continuous on-site
construction program:
Any placement, assembly or installation of facilities
or equipment; or
Significant site preparation work, including
clearing, excavation or removal of existing buildings, structures
or facilities which is necessary for the placement, assembly or installation
of new source facilities or equipment; or
Entered into binding contractual obligation
for the purchase of a facility or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
A source of wastewater which contains pollutants other than
sanitary wastewater.
Any liquid or gaseous substance, whether or not solids are
contained therein, discharged from any nondomestic sewer user during
the course of any industrial, manufacturing, trade or business process
or in the course of development, recovery or processing of natural
resources; as distinct from normal domestic waste.
A categorical industrial user that meets the following conditions
as determined by the Authority:
[Added 12-28-2009 by Ord. No. 689]
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;
Has consistently complied with all applicable categorical pretreatment
standards and requirements;
Never discharges any untreated concentrated wastewater; and
Annually submits a certification statement stating that the
facility met the definition of a NSCIU together with any additional
information necessary to support the certification statement.
Sewage which when analyzed by the Township shows a daily
average of not more than 250 mg/l of total suspended solids and/or
not more than 250 mg/l of BOD5.
Any wastes that can, in the Township's judgment, harm either
the sewers or sewage treatment process or equipment; can have an adverse
effect upon the receiving stream; can otherwise endanger life, health
or property; or which constitutes a public nuisance.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township sewer service
area.
A discharge which exits the Exeter Township Wastewater Management
System into waters or the atmosphere of the United States in quantities
or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any
requirement of the Township's NPDES permit (including an increase
in the magnitude or duration of a violation) or a violation of any
air emission standards set pursuant to the Clean Air Act.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns, whether users or not. The masculine gender shall
include the feminine and the singular shall include the plural where
indicated by the context.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution, indicating the degree of acidity
or alkalinity of a substance. A stabilized pH will be considered as
a pH which does not change beyond the specific limits when the waste
is subjected to aeration. It shall be determined by one of the accepted
methods approved by the EPA.
Any liquid, solid or gaseous material, including, but not
limited to, any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal, nondomestic sewage water
and agricultural waste discharged into water, including conventional
wastewater pollutants.
The man-made or man-induced alteration of the chemical, physical,
biological and/or radiological integrity of water.
Treatment works as defined by Section 212 of the Act, which
is owned by Exeter Township. This definition includes any devices
and systems used in the storage, treatment, recycling and reclamation
of municipal sewage or industrial wastes of a liquid nature. It also
includes sewers, pipes and other conveyance facilities only if they
convey wastewater to the Exeter Township treatment plant. The term
also means Exeter Township as defined in Section 1362(4) of the Act.
For the purposes of these standards, rules and regulations, POTW shall
also include any sewers, pipes and other conveyances that convey wastewaters
to Exeter Township's Wastewater Management System.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical or biological processes, process changes or
other means except as prohibited by 40 CFR 403.6(d). Pretreatment
technology includes control equipment, such as equalization tanks
or facilities, or protection against surges or slug loading that might
interfere with or otherwise be incompatible with the POTW. However,
where wastewater from a regulated process is mixed in an equalization
facility with unregulated wastewater or with wastewater from another
regulated process, the effluent from the equalization facility must
meet an adjusted pretreatment limit calculated in accordance with
EPA regulations, 40 CFR 403.6(e).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
Any water which, during manufacturing or processing, 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, either discharged continuously, intermittently or
as a batch discharge.
The Schuylkill River.
A sample extracted from the waste stream whose characteristics
are completely indicative of overall waste stream quantity, quality,
variations in same and of the process generating the waste stream.
A source of discharge of sanitary wastewater and/or domestic
sewage to a public sewer system from premises used for residential
purposes only.
The solid or semisolid by-product remaining after the processing
of raw wastewater within physical, chemical and/or biological treatment
units of the Exeter Township Wastewater Treatment Plant into a condition
suitable for release to the environment.
Any pipe conduit constituting a part of the sewer system,
or usable for sewage collection purposes, which carries sanitary sewage
and to which storm, surface and ground waters are not admitted.
The liquid or waterborne wastes from residential, commercial
or industrial establishments containing only waste of a domestic nature;
that is, waste products, excrement or other discharge from the bodies
of humans or animals in addition to wastes from residential or incidental
culinary and laundry activities.
A basic charge applied to all customers for those services
not directly proportional to the volume of flow such as the administrative
services of maintaining accounts, preparation of bills and collection
of user fees.
The water-carried wastes from residences, business buildings,
institutions and industrial establishments.
The Exeter Township Wastewater Treatment Plant which is an
arrangement of devices and structures used for treating and disposing
of sanitary sewage and certain industrial wastes.
The Exeter Township sewer system, including all facilities,
as of any particular time, for collecting, pumping, treating or disposing
of sanitary sewage and/or industrial wastes.
Is mandatory; "may" is permissive.
Any discharge of water, sewage or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds for any period of duration longer than 15 minutes more than
five times the average 24 concentration or flow during normal operation.
Except as provided in Subsection (1)(b) below, this term means:
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N.
Any other industrial user that:
Discharges an average of 25,000 gallons per
day or more of process wastewater to the Exeter Township Wastewater
Management System (excluding sanitary, noncontact cooling water and
boiler blowdown wastewater);
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic organic capacity
or inorganic capacity of the Exeter Township Wastewater Management
System treatment plant; or
Is designated as such by Exeter Township on
the basis that the industrial user has a potential for adversely affecting
the operation of the Exeter Township Wastewater Management System
or for violating any pretreatment standard or requirement.
Upon a finding that an industrial user meeting the criteria in Subsection (1)(b)[2] of this definition has no potential for adversely affecting the Exeter Township Wastewater Management System operation or for violating any pretreatment standard or requirement, Exeter Township may at any time, in its sole discretion in accordance with 40 CFR 403.8(f)(6), and in § 305-22 herein, determine that such industrial user is not a significant user.
A technique where by a sample is divided into multiple aliquots
for multiple analytical investigations.
A classification pursuant to the latest edition of the Standard
Industrial Classification Manual issued by the United States Government
Publications Office (U.S.G.P.O.).
The Commonwealth of Pennsylvania.
That portion of the precipitation which runs off over the
surface during a storm and for a short period following a storm and
enters the sewer system and causes the flow at the sewage treatment
plant to exceed the normal or ordinary flow.
A pipe or conduit intended for carrying stormwater and/or
noncontact cooling water.
Any nondomestic waste having a BOD5 greater than 250 mg/l and a total suspended solids greater than
250 mg/l.
A charge levied on nondomestic users of the treatment works
for the additional cost of treating their abnormal strength wastes.
That portion of the precipitation which runs off over the
surface of the ground.
Solids that either float on the surface of, or are in suspension,
or dissolved in water, sewage or other liquids and which are determined
by appropriate procedures found in the latest edition of "Standard
Methods for the Examination of Water and Sewage," published by the
American Public Health Association.
The total matter in water, wastewater or other liquids and
which is retained by laboratory filtering, expressed in terms of weight
and concentration [milligrams per liter (mg/l)].
The Township of Exeter acting by and through the Board of
Supervisors and its authorized representative.
Any pollutant or combination of pollutants which have been
so declared in regulations promulgated pursuant to Section 307(a)
of the Act, or pursuant to Pennsylvania statutes and rules, or as
otherwise may be so discerned and classified by responsible agencies
due to toxic health effects to the general populace and surrounding
environs.
Any noxious and/or deleterious substance in sufficient quantity,
either singly or by interaction with other wastes, which is determined
by the Township to injure or interfere with any sewage treatment process,
to constitute a hazard to humans or animals, to create a public nuisance
or to create any hazard in any sewer system or in the receiving stream
of the sewage treatment plant.
All facilities used to convey and treat wastewater including
the sewage treatment plant and the sanitary sewer system. A POTW.
Any person, municipality, municipal authority, industry or
other legal entity which contributes, causes or permits the contribution
of wastewater into the Exeter Township wastewater management system.
User categories defined herein include residential users, commercial
users, industrial users, municipal authority users and significant
industrial users.
Water which does not contain a level of contaminants or pollutants
detectably higher than that of the source of the water such as precipitation,
surface water, groundwater or other nonpolluted waters. However, in
no case shall leachate be considered unpolluted water.
The liquid and waterborne wastes from dwellings, commercial
buildings, industrial facilities and institutions, together with any
groundwater, surface water and stormwater that may be present, whether
treated or untreated, which is discharged into or permitted to enter
the POTW collection facilities.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the Commonwealth of Pennsylvania
or any portion thereof.
[1]
Editor's Note: See 33 U.S.C. § 1321.
C.
Abbreviations. The following abbreviations shall have
the designated meanings:
(1)
BOD5 - biochemical oxygen demand.
(2)
CERCLA - Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. § 9601 et seq.
(3)
CFR - Code of Federal Regulations.
(4)
COD - chemical oxygen demand.
(5)
DEP - Pennsylvania Department of Environmental Protection.
(6)
EDTA - ethylenediaminetetraacetic acid.
(7)
EPA - United States Environmental Protection Agency.
(8)
l or L - liter.
(9)
mg or MG - milligrams.
(10)
mg/l or MG/L - milligrams per liter.
(11)
NH3-N - ammonia nitrogen.
(12)
NPDES - National Pollutant Discharge Elimination
System.
(13)
NTA - nitrilotriacetic acid.
(14)
POTW - publicly owned treatment works.
(15)
RCRA - Resource Conservation Recovery Act, 42
U.S.C. § 6901 et seq.
(16)
SIC - standard industrial classification.
(17)
SIU - significant industrial user.
(18)
SWDA - Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq., as amended by RCRA.
(19)
TSS - total suspended solids.
(20)
U.S.C. - United States Code.
A.
Sewer rentals or charges are hereby imposed upon and
shall be collected from the owner of each improved property served
by the sewer system, for use of the sewer system, whether such use
shall be direct or indirect. Sewer rentals or charges shall commence
and shall be effective as of the date of connection of each such improved
property to the sewer system, and shall be payable as provided herein,
in accordance with a schedule of rates and charges set forth in a
resolution to be modified and adopted annually by Exeter Township.
Such resolution shall adopt a service charge, a minimum consumption,
a minimum consumption charge, and a charge per 1,000 gallons for consumption
in excess of the minimum consumption for metered residential and metered
nonresidential customers, and shall adopt rates for flat rate customers.
B.
All bills for all customers shall be based on quarterly
consumption or service. All metered customers shall be billed for
the actual consumption of water measured by the water meter regardless
if the meter is owned and maintained by Citizens Home Water Company,
Mount Penn Borough Municipal Authority, or Exeter Township. Each dwelling
unit in a double house or in a row of connecting houses shall be billed
as a separate entity.
C.
All costs of collecting and analyzing samples incurred
by Exeter Township in connection with determining strong waste surcharges
or with monitoring nondomestic wastewaters to determine compliance
with this article shall be billed by Exeter Township directly to the
nondomestic user whose wastewater was sampled.
D.
Haulers of wastewater into the plant for treatment
shall pay, in addition to regular treatment charges, an additional
charge, to cover costs of repairing plant roads. Said additional charge
shall be determined annually by resolution of Exeter Township.
E.
Metering customers.
(1)
Customers who have metered water service from Citizens
Home Water Company or Mount Penn Borough Municipal Authority will
be billed quarterly based on the consumption measured through those
meters.
(2)
Customers who have a well, spring, or other source
of supply and have requested Exeter Township to install a water meter
prior to the effective date of this article will be billed quarterly
based on the consumption measured through the meter as soon as consumption
information becomes available.
[Amended 9-14-2015 by Ord. No. 762]
(3)
Customers who have a well, spring, or other source
of supply and a meter has not been installed prior to the effective
date of this article may have a meter installed by requesting Exeter
Township to furnish a meter for installation in the residence or nonresidential
improved property. Water meters to be installed on a well, spring,
or other source shall only be obtained from Exeter Township. Exeter
Township will assess a one-time fee for the meter and appropriate
appurtenances; said fee shall be determined annually by a resolution
adopted by Exeter Township. All such meters shall be installed by
a registered plumber registered in Exeter Township. Exeter Township
shall inspect the installation upon completion of the installation
as to the suitability for the intended purpose of measuring consumption
of water which will flow to the sewer system. There will be no charge
for the Exeter Township inspection. Customers will be billed quarterly
based on consumption measured through the meter.
(4)
Customers who construct a structure either for residential
habitation or for other purposes which will be connected to the sewer
system, who are not supplied by a metered public water supply, shall
obtain a meter and appurtenances from Exeter Township. Exeter Township
will assess a one-time fee for the meter and appurtenances; said fee
shall be determined annually by a resolution adopted by Exeter Township.
All such meters shall be installed by a registered plumber registered
in Exeter Township. Exeter Township shall inspect the installation
upon completion of the installation as to suitability for the intended
purpose of measuring the consumption of water which will flow to the
sewer system. Customers will be billed quarterly based on consumption
measured through the meter.
(5)
No customer shall modify plumbing which would alter
or affect the measurement of water passing through the meter without
prior notification and prior approval by Exeter Township. Exeter Township
will inspect any such modifications to determine the effectiveness
and suitability of the meter in measuring the consumption of all water
which would flow to the sewer system.
(a)
Exeter Township shall maintain all meters furnished
by Exeter Township without charge to the customer for ordinary wear
and tear, but the customer shall be responsible to Exeter Township
for any damage to the meter arising out of, or caused by, the customer's
negligence or carelessness, or by the negligence or carelessness of
any person upon the premises. The customer shall not permit anyone
not an agent of Exeter Township or otherwise lawfully authorized to
remove, inspect or tamper with Exeter Township's meter. The customer
shall notify Exeter Township of any damage to or failure of the meter
as soon as it comes to the customer's knowledge.
(6)
There shall be no bypassing of flows from before any
meter if such unmetered flows could flow to the sewer system.
(a)
Adjustment of a customer's sewer bill for swimming
pool water not discharged to the sanitary sewer system will be made
only as follows: Exeter Township will permit either the unmetered
filling of swimming pools or will credit the water used to fill swimming
pools over 5,000 gallons in capacity, provided the drains or other
means of emptying the swimming pool are connected to the sanitary
sewer system either directly, indirectly, or temporarily. Exeter Township
will not permit unmetered topping or makeup water for swimming pools
and will not credit for such use.
(b)
Nonchargeable filling of swimming pools will
apply only to newly constructed swimming pools or to completely empty
swimming pools and only one filling each calendar year will be permitted.
(c)
The Exeter Township Board of Supervisors, may
for cause shown, issue a one-time credit up to 15,000 gallons of water
for customers establishing new lawns or landscaping. The credit will
be limited to one billing period. Residents will have to notify the
Township office in writing to be eligible to receive credit. Reimbursements
will be based on the consumption average of the last four quarters,
being subtracted from the higher quarter consumption.
(7)
After the effective date of this article, there shall
be no new unmetered connections to the sewer system. All new customers
shall be metered customers; those customers who were unmetered customers
prior to the effective date of this article do not have to change
over to meters immediately. When a customer, unmetered prior to the
effective date of this article, subsequently has a meter installed,
he/she becomes a metered customer and cannot revert to an unmetered
status. Whenever an unmetered customer decides to transfer ownership
or title to a property, said property shall be changed to a metered
property prior to change of ownership or title. Purchase of and installation
of a water meter is required to change to a metered property, and
the costs for doing so are the responsibility of the seller.
[Amended 9-14-2015 by Ord. No. 762]
(8)
Those customers who remain unmetered as of the effective
date of this article shall be considered flat rate customers until
such time as a meter is installed. Flat rate customers shall be charged
a flat rate charge. The flat rate charge shall be determined annually
by resolution of Exeter Township.
(9)
Mobile home parks.
(a)
Upon the effective date of this article, all
mobile home parks located within 1,000 feet of sanitary sewers shall
construct sewer collection lines to convey all sanitary sewage to
the Exeter sewer system.
(b)
Upon the effective date of this article, all
owners of mobile home parks connected to the public sewer system shall
pay sewer rentals or charges based upon actual water consumption according
to the schedule of rates and charges set forth in a resolution to
be modified and adopted annually by Exeter Township.
[1]
Charges for mobile home parks based on water
consumption shall be computed at the schedule of rates and charges
for the gallons of water consumed during the quarter.
[2]
However, if the entire park is not connected
to the public sewer system, the average consumption per water connection
will be calculated and the total consumption for the connected units
to the sewer system computed and charged at the schedule of rates
and charges for gallons of water consumed during the quarter.
[3]
The volume of water to be used for billing sewer
rentals or charges to owners of mobile home parks connected to the
public sewer system shall include any and all water purchased from
any private or public water company and in addition, all water obtained
from any other source (wells, springs, streams, etc.) as determined
by meters installed and maintained by the private or public water
company and/or meters installed by the mobile home park owner as approved
by Exeter Township. All metering devices must be readily accessible
to facilitate periodic inspection and quarterly readings as Exeter
Township might deem necessary.
(c)
All owners of any mobile home park shall be
required to supply a plot plan showing all available spaces, sewer
lines, water lines, water sources, and metering devices to the Township
within 30 days of enactment of this article; and in addition thereto,
advise Exeter Township of any and all changes to said plan within
15 days of any such changes.
(d)
It shall be the responsibility of all trailer
and mobile home park owners, plus any individual trailer or mobile
home owner, if applicable, to maintain any and all sewer lines, traps
and/or laterals incidental to the use of the sewer system, from the
point where said sewer line or lines intersect with the main trunk
line located within the specific street or right-of-way of the Township
adjacent to said mobile home park.
(e)
No person shall alter, change or interfere with
any metering devices or bypass such device without Exeter Township
approval.
F.
Exeter Township may require the owner of an industrial
establishment or other property discharging a nondomestic wastewater
or the owner of an industrial establishment or other property discharging
a nondomestic wastewater may elect to install, pay for and maintain
a meter approved by Exeter Township for measuring wastes discharged
into the sewer system, in which case the sewer rentals or charges
shall be based on the actual quarterly volume of wastes discharged
into the sewer system, at the same volume rate and subject to the
same minimum sewer rental and service charge set forth a resolution
to be modified and adopted annually by Exeter Township.
G.
If the owner of any nonresidential improved property
(including any school) shall fail to provide Exeter Township with
complete information required to compute the sewer rental or charge
to such nonresidential improved property, Exeter Township may estimate
a reasonable applicable sewer rental or charge for such nonresidential
improved property and such estimated sewer rental or charge shall
be the actual sewer rental or charge payable until the required information
is filed; provided, however, that no rebates will be paid by Exeter
Township if the information filed reveals a lower indicated sewer
rental or charge than that estimated by Exeter Township.
H.
Additional classifications and sewer rentals or changes
or modifications of the schedule of sewer rentals or charges may be
established by Exeter Township as deemed necessary.
I.
Nothing contained herein shall be construed as prohibiting
special agreements between Exeter Township and nonresidential improved
properties under conditions and circumstances making special agreements
advisable and necessary.
J.
Charges and fees.
(1)
The Township may adopt charges and fees which may
include:
(a)
Fees for reimbursement of costs of setting up
and operating the Township's pretreatment program;
(b)
Fees for monitoring, inspections and surveillance
procedures;
(c)
Fees for reviewing accidental discharge procedures
and construction;
(d)
Fees for permit applications;
(e)
Fees for filing appeals; and
(f)
Other fees as the Township may deem necessary
to carry out the requirements contained herein.
(2)
These fees relate solely to the matters covered by
this article and are separate from all other fees chargeable by the
Township.
A.
Additional charges for strong wastes.
(1)
There shall be additional charges for nondomestic
wastes, discharged to the sewer system from any industry, business
or commercial enterprise, and having suspended solids and/or BOD5 in excess of the average suspended solids and BOD5 of normal domestic sewage. Normal domestic sewage shall
be defined as having the following concentrations:
(2)
There shall be no strong waste surcharges applied
to residential domestic wastes.
B.
Surcharge formula.
(1)
In order to determine the additional charge for nondomestic
wastes with strength greater than that of normal domestic sewage,
the following formula shall be used:
|
Sq = 0.00834 QI [(BOD5 - 250) TA + (SS1 - 250) TB]
| ||
|
Where:
| ||
|
Sq is the quarterly surcharge
to be added to the quarterly sewer rental charge.
| ||
|
0.00834 is a constant to convert waste strength
expressed in mg/l to thousand pounds of waste.
| ||
|
Q is the quarterly volume of nondomestic wastewater
flow expressed in millions of gallons.
| ||
|
BOD5 is the five-day
BOD of the nondomestic wastewater expressed in mg/l.
| ||
|
SS1 is the total suspended
solids in mg/l of the nondomestic wastewater.
| ||
|
250 and 250 are constants expressing waste-load
strength of domestic waste in mg/l for the respective pollutant parameters.
| ||
(2)
TA represents the cost incurred by the Township in
treating 1,000 pounds of BOD5; and TB represents
the cost of treating 1,000 pounds of total suspended solids. TA and
TB vary each year as treatment plant operation and maintenance costs
change. Therefore, TA and TB shall be determined at the beginning
of each year by the Township based upon budgeted operating costs,
and adopted by resolution of the Board of Supervisors.
(3)
When a value of BOD, and/or suspended solids of a
nondomestic waste is less than 250 mg/l, the value of 250 shall be
used in the calculation of the strong waste discharge in place of
the actual value which is less than 250 mg/l.
C.
Industrial waste sampling.
(1)
Nondomestic waste being discharged into the sewer
system shall be subject to periodic sampling and inspection by Exeter
Township to be used as a basis for determining additional charges
due to excessive concentrations for BOD5 and/or total suspended solids, and substances prohibited in § 305-21. Such sampling and inspection shall be the basis for computing strong waste surcharges in accordance with this section.
(2)
All sampling shall be of a representative manner and
in accordance with 40 CFR 403.12. The collection and analysis of samples
obtained shall be made in accordance with U.S. EPA methodology and
procedures, including 40 CFR Part 136, as amended.
(3)
At the request of the industrial user, samples taken
by Township personnel can be split and the results of both analyses
used in calculating the strong waste surcharge. The industrial user
must arrange for and pay for the pickup of the split sample at the
Exeter Township POTW by the industrial user's laboratory. All analysis
results shall be copied to the Exeter Township POTW and used in the
calculation of the surcharge bill.
(4)
Commercial and industrial customers will be sampled
and invoiced on a quarterly basis. Customers who have a weak waste
product get sampled yearly. The sampling is done unannounced by trained
licensed operators. A twenty-four-hour composite sample is taken with
an automatic sampling device. The samples are then taken to a professional
industrial laboratory. Upon receipt of a laboratory analysis, the
Township will review the results. If those results are 50% greater
than the average of the four quarters samples, the Township will notify
the customer of the unusually high result.
(5)
Customers may opt to be resampled at their own expense
or they may accept the initial results. If a customer chooses to be
resampled, the sampling will occur unannounced within the next two
weeks. The subsequent sample will be used in calculating the surcharge
for that quarter. In the absence of additional samples (this would
most likely occur, if at all, in the winter when cold weather might
prevent additional sampling), an estimated bill using the average
results of the four previous quarters would be used in calculating
the surcharge for that quarter.
(6)
A small commercial user [1 EDU (18,000 gallons of
water consumption) or less a quarter] may opt to have the results
of the first quarter applied to the following three quarters of that
year. This is a benefit to the customer since the sampling fees far
exceed the actual surcharge.
D.
Measurement of volume.
(1)
Whenever a person purchasing his entire water supply
from a private or public water supply discharges only nondomestic
waste into the sewer system, the volume of water purchased shall be
used as a measure of the quantity of nondomestic waste discharged.
(2)
Whenever a person purchasing his entire water supply
from a private or public source discharges combined domestic waste
and nondomestic waste into the sewer system, the total volume of water
purchased shall be used to determine that person's sewer charge and/or
his strong waste surcharge.
(3)
Whenever a person purchasing his entire waste usage
from a private or public supply and discharging nondomestic waste
into the sewer system also discharges unpolluted cooling water to
either a storm sewer or other outlet, an allowance for the amount
of water so discharged shall be made in computing the sewer charge.
The person discharging cooling water shall, at his own expense, install
a meter or meters, as required, to indicate accurately the amount
of water claimed as a credit.
(4)
Whenever a person using a private water supply discharges nondomestic waste into the sewer system, the charges for such discharge shall be in accordance with §§ 305-17 and 305-18D. Such person, however, shall install, at his expense, a suitable meter or meters to measure the total volume of water used; or shall install, at his expense, a meter on the sewer line leaving the plant so as to measure the entire flow of water discharged into the sewer system. No meter for measurement either of water or sewage shall be installed until a plan for such installation is approved by Exeter Township. All meters or other measuring devices installed or required to be used under the provisions of this article shall be tested, inspected or repaired as required by the Township. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping; and all repairs thereto shall be made at the property owner's expense.
(5)
Exeter Township shall be responsible for reading of
water and/or sewage meters when installed in industrial establishments
within its jurisdiction. All meters shall be accessible to the Township
at all times.
A.
All bills for sewer rentals or charges, except those
based on metered water consumption or metered waste volume, shall
be rendered in calendar quarters on the first days of January, April,
July and October, respectively, in each year, or on such other dates
as Exeter Township shall specify and shall cover a quarterly billing
period consisting of the immediately preceding three complete calendar
months. All bills for sewer rentals or charges based on metered water
consumption or metered waste volumes or estimates of Exeter Township
shall be rendered for each quarter annum promptly after the meters
are read or estimates made. Owners of improved properties connected
to the sewer system during any calendar quarter shall paid a prorated
sewer rental charge for service for the balance of the calendar quarter.
B.
Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for in Subsection A above, and the appropriate amount computed in accordance with this article shall constitute the net bill. If sewer rentals and charges are not paid within 30 calendar days after each billing date, an additional sum of 5% shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-day calendar period shall constitute payment within such period. If the end of such thirty-calendar-day period shall fall on a legal holiday or a Sunday, payment made on or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period. Onto any portion of any gross bill which has not been paid by the first day of the following quarterly billing period shall be added a penalty in the amount of 5% of such unpaid balance. This total shall then constitute the new gross bill. Further, an additional penalty, in the amount of 5% of the unpaid balance of the new gross bill shall be assessed for each quarterly billing period which expires without payment in full of such previous gross bill having been made in the same manner as the first penalty is assessed. Any owner of residential improved property who, within 30 calendar days after any quarterly billing date, pays the total of four quarterly payments for the following four calendar quarters, shall be entitled to a refund of 2% of such payment.
C.
Every owner of an improved property which is connected
to the sewer system initially shall provide this Township with and
thereafter shall keep this Township advised of his correct address.
Failure of any person to receive bills for sewer rentals or charges
shall not be considered an excuse for nonpayment nor shall such failure
result in an extension of the period of time during which the net
bill shall be payable.
A.
Sewer rentals or charges imposed by this article shall
be a lien on the improved property connected to and served by the
sewer system; and any sewer rentals or charges which are delinquent
shall be filed as a lien against the improved property connected to
and served by the sewer system, which lien shall be filed and collected
in the manner provided by law for the filing and collecting of municipal
claims.
B.
In addition, Exeter Township may require any water
supplier to shut off the water supply to any property with respect
to which the sewer rent imposed hereby is unpaid until all such rents,
together with interest and penalties as aforesaid, are paid.
[Amended 9-27-2004 by Ord. No. 577; 8-13-2007 by Ord. No. 640]
A.
All domestic wastes and authorized nondomestic waste,
including authorized industrial waste, may be discharged into the
Exeter Township Wastewater Management System, except those which are
deemed harmful to the system or are specifically prohibited by this
article, or are otherwise prohibited under the laws of the Commonwealth
of Pennsylvania and/or the United States, or prohibited by EPA or
DEP regulations, or a statute, rule, regulation, or ordinance of any
public agency having jurisdiction over the Township.
B.
It shall be unlawful to place, deposit or permit to
be deposited upon public or private property within the Township any
human or animal excrement, garbage, or other objectionable wastes.
C.
It shall be unlawful to discharge to any natural outlet
or receiving stream within the Township any domestic or nondomestic
waste or other polluted water, except where suitable treatment has
been provided to the satisfaction of Exeter Township and appropriate
state and federal agencies.
D.
It shall be unlawful for any person, firm or corporation
to erect, construct, own, maintain, operate, or use within the Township
a privy, cesspool, septic tank, or treatment or waste holding facility
for receiving sewage, upon any property now or hereafter improved
which abuts on or adjoins any street, alley, lane, or other public
highway in which sewer service is available by virtue of a service
of the sewer system; or to connect any privy, cesspool, septic tank,
or treatment or waste holding facility on any such property to the
sewer system; or to discharge sewage into any pipe or other outlet
leading from any such property and not connected to the sewer system;
except any building situate in excess of 150 feet from any sewer main,
plus any building previously exempt prior to January 1, 1982.
E.
All connections to the sewer system which would result
in the discharge of infiltration or inflow into the sewer system are
hereby specifically prohibited.
F.
No person shall discharge or cause to be discharged
any stormwater, surface water, ground water, roof runoff, subsurface
drainage, uncontaminated cooling water or unpolluted industrial process
waters to any sanitary sewer.
G.
No person shall discharge or cause to be discharged
into the sewer system effluent from any sump pump or any other type
of pump which pumps any stormwater, surface water, ground water, roof
runoff, subsurface drainage, basement drainage, uncontaminated cooling
water or unpolluted industrial process waters into any sanitary sewer.
Where such conditions exist, they shall be remedied in a manner approved
by the Township within 90 days of receipt by the owner or authorized
agent of the owner or individual in charge of a notice from the Township.
In the event said conditions are not remedied, the Township shall
cause said conditions to be remedied at the owner's expense.
H.
No unauthorized person shall uncover, make any connection
with or opening into, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Township.
I.
No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains or other sources of surface
runoff or groundwater to a building drain which in turn is connected
directly or indirectly to a sanitary sewer.
J.
Discharge of wastewaters into the sewer system containing
the following constituents is hereby prohibited:
(1)
Discharges from any user containing more than 25 mg/l
of petroleum oil, nonbiodegradable cutting oils, or other products
of mineral oil origin.
(2)
Discharges from nondomestic users which contain floatable
oils, fats, or grease.
(3)
Discharges from any user containing more than 100
mg/l of fats, oils or grease.
K.
The Township shall require the installation of grease
separators in building sewers serving hotels, restaurants and other
facilities likely, in the judgement of the Township, to discharge
significant quantities of oil and grease into the sanitary sewer system.
It shall be the responsibility of the owner to properly clean or have
the same cleaned and maintain such grease separations.
L.
Except as otherwise provided, no person shall discharge
or cause to be discharged, into the sewer system any domestic waste,
industrial waste or other matter or substance:
(1)
Having a temperature higher than 150° F. or less
than 32° F., or containing heat in amounts which will inhibit
biological activity in the sewage treatment plant resulting in interference,
but in no case heat in such quantities that the temperature of the
influent of the treatment plant exceeds 104° F.
(2)
Containing any liquids, solids or gases, with a closed
cup flashpoint of less than 140° F., which by reason of their
nature or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the treatment plant or to the operation of the treatment
plant. At no time shall two successive readings on any explosion hazard
meter, at the point of discharge into the system (or at any point
in the system) be more than 5%, nor any single reading over 10% of
the lower explosive limit (LEL) as read by the meter. Prohibited materials
include but are not limited to, gasoline, benzene, naphtha, fuel oil,
paint products, kerosene, toluene, xylene, ethers, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides,
sulfides, or any other flammable or explosive substances which the
Township, the Commonwealth of Pennsylvania, Department of Environmental
Protection, or the Environmental Protection Agency has notified the
user is a fire hazard or a hazard to the Exeter Township Wastewater
Management System.
(3)
Containing any noxious or malodorous gas or substance
which, either singly or by interaction with other wastes, is in the
judgement of Exeter Township capable of creating a public nuisance
or hazard to life or preventing entry into sewers for their maintenance
and repair.
(4)
Containing any solid or viscous substances in quantities
or of size capable of causing obstruction to the flow in sewers, or
other interference with the proper operation of the wastewater facilities.
Such substances include, but are not limited to, ashes, cinders, sand,
mud, straw, shavings, metal, glass, bones, rags, feathers, tar, plastic,
wood, paunch manure, butchers offal, whole blood or blood products,
bentonite, lye, building materials, rubber, hair, leather, porcelain,
china, ceramic wastes, asphalt, paint, waxes, or any other solids
or viscous substances capable of causing obstruction to the flow in
the sewer system or other interference with the proper operation of
the sewer system or the sewage treatment plant.
(5)
Containing garbage that has not been ground to such
a degree that all particles will be carried freely in suspension under
flow conditions normally prevailing in the public sewers, with no
particles under any circumstances, greater than 1/2 inch in any dimension.
Garage grinding for the purpose of discharge to the sewer system shall
be applied only to food waste from processors preparing food for consumption
on the premises.
(6)
Having a pH, stabilized, lower than 6.0 or higher
than 9.0 or having any corrosive or scale forming property capable
of causing damage or hazards to structures, equipment, bacterial action,
or personnel of the sewer system or the sewage treatment plant.
(7)
Establishing local limits applicable to discharges
of industrial waste.
[Amended 7-13-2009 by Ord. No. 680]
(a)
Local limits applicable to discharges of industrial
wastewater shall be as follows:
|
Local Discharge Limitations
| ||
|---|---|---|
|
Parameter
|
Maximum Daily Limit
(mg/l)
| |
|
Arsenic, total
|
0.24
| |
|
Cadmium, total
|
0.18
| |
|
Copper, total
|
0.76
| |
|
Cyanide, total
|
0.47
| |
|
Lead, total
|
1.39
| |
|
Mercury, total
|
0.020
| |
|
Molybdenum, total
|
0.24
| |
|
Nickel, total
|
2.10
| |
|
Selenium, total
|
0.90
| |
|
Silver, total
|
1.54
| |
|
Zinc, total
|
2.00
| |
(b)
Application of the local limits.
[1]
All of the local limits refer to the total recoverable
amount of the substance limited.
[2]
All of the local limits shall be imposed as
monthly average limits. The Township may develop and impose such other
limits, including daily maximum or instantaneous maximum limits, as
may be necessary to ensure that the purposes of this article are met,
provided that such other limits are based on the local limits above.
[3]
The local limits set forth above may be modified by special agreement, as provided by Subsection M of this section, provided that the total discharge of any substance limited by a local limit that is allowed by all industrial waste discharge permits shall not exceed the total allowable industrial loading (in pounds per day) established in Table 14 of the Report dated February 2009 entitled "Municipal Industrial Pretreatment Program Re-evaluation of Local Limits," and prepared by the Exeter Township, Berks County, Authority.
[4]
If limitations are imposed by the Commonwealth
of Pennsylvania or the United States Environmental Protection Agency
on the wastes discharged by a particular industrial user and such
limitations are more stringent than the local limits, then the more
stringent discharge limitations apply.
(c)
All prior local discharge limitations applicable to industrial wastes established by resolution of the Township, or by any Township ordinance, are hereby rescinded and are void as of July 14, 2009. This rescission does not apply to prohibited discharges in Subsections A, E, F, G, I, J, L and O of this section or to other generally applicable prohibitions and limitations in this article.
(8)
Any substance which may cause the wastewater treatment
plant effluent or any other product of the treatment plant thereof
such as residues, sludges, or scums to be unsuitable for reclamation
and reuse or to interfere with the reclamation process. In no case,
shall a substance discharged to the sewer system cause the wastewater
treatment plant to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under Section 405 of
the Clean Water Act; any criteria, guidelines, or regulations affecting
sludge use or disposal developed pursuant to the "Solid Waste Disposal
Act," the "Clean Air Act," the "Toxic Substances Control Act," or
commonwealth criteria applicable to the sludge management method being
used.
(9)
Any substance which will cause the treatment plant
to violate its NPDES permit or the receiving water quality standards,
causing pass-through or interference.
(10)
Containing total solids of such character and
quantity that unusual attention or expense is required to handle such
materials at the sewage treatment plant, except as may be approved
by Exeter Township, or as otherwise provided herein.
(11)
Containing any toxic radioactive isotopes in
excess of that allowed by state or federal law and without special
permit.
(12)
Having a chlorine demand in excess of 12 mg/l.
(13)
Prohibited by any permit issued by the Commonwealth
of Pennsylvania, or by the U.S. Environmental Protection Agency or
any other federal agency.
(14)
Containing wastes which are not amenable to
biological treatment or reduction in existing treatment facilities,
specifically nonbiodegradable complex carbon compounds.
(15)
Quantities of flow or concentrations, or both, which constitute a "slug" as defined in § 305-16 of this article.
(16)
Any waters which are used for the purpose of
diluting wastes which would otherwise exceed applicable maximum concentration
limitations. Exeter Township may impose mass limitations on users
which are using dilution to meet applicable pretreatment standards
or requirements, or in other cases where the imposition of mass limitations
are appropriate.
M.
Nothing in this section shall be construed as preventing
any special agreement or arrangement between Exeter Township and any
user of the sewage system whereby wastewater of unusual strength or
character is accepted into the sewer system should such wastewater
be deemed by Exeter Township to be acceptable for treatment without
harm to the treatment works or operating personnel. Special agreements
are allowed only if the wastewater is within acceptable levels according
to state and/or federal laws and regulations. Each special agreement
must first be approved by the U.S. EPA as a substantial modification
under 40 CFR 403.18.
N.
Exeter Township hereby reserves the right to inspect
any building sewer, lateral or collecting sewer that discharges wastewater
directly or indirectly to Exeter Township's facilities to determine
compliance with this article.
O.
No user shall ever increase the use of process water
to dilute or, in any other way, attempt to dilute a wastewater discharge
as a partial or complete substitute for adequate treatment to achieve
compliance with this article.
P.
Exeter Township may suspend the wastewater treatment
services to a user and/or an industrial waste permit when such suspension
is necessary, in the opinion of Exeter Township, in order to stop
an actual or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of persons,
to the environment, causes interference to the sewage treatment plant,
damage to the collection system, or causes Exeter Township to violate
any condition of its NPDES permit. Said suspension may take place
after informal notice to the user. Any person notified of a suspension
of wastewater treatment service and/or industrial waste permit shall
immediately stop or eliminate the contribution. In the event of a
failure of the person to comply voluntarily with the suspension order,
Exeter Township may take such steps as deemed necessary including
immediate severance of the sewer connection, to prevent or minimize
damage to the sewer system or endangerment to any individuals. Exeter
Township shall reinstate the industrial waste permit and/or wastewater
treatment service upon proof of the elimination of the noncomplying
discharge.
Q.
Any user who, in the opinion of Exeter Township, may
accidentally discharge materials or substances which are prohibited
materials or other substances regulated by this article shall provide
protection from accidental discharge of prohibited materials or other
substances regulated by this article. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained
at the owner's or user's own cost and expense. Detailed plans showing
facilities and operating procedures to provide this protection shall
be submitted to Exeter Township for review and shall be approved by
Exeter Township before construction of the facility.
(1)
Review and approval of such plans and operating procedures
shall not relieve the user from the responsibility to modify the user's
facility as necessary to meet the requirements of this article. In
the case of any discharge including, but not, limited to, accidental
discharges; discharges of a nonroutine, episodic nature; a noncustomary
batch discharge; or a slug load, that may cause potential problems
for the POTW, it is the responsibility of the user to immediately
telephone and notify Exeter Township of the incident. The notification
shall include location of discharge, type of waste, concentration
and volume, and corrective actions.
(2)
Within five days following said discharge, the user
shall submit to Exeter Township a detailed written report describing
the cause of the discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notification shall not
relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result, of damage to person or property;
nor shall such notification relieve the user of any fines, civil and
criminal penalties, or other liability which may be imposed by this
article or other applicable law.
(3)
Notice to employees. A notice shall be permanently
posted on the user's bulletin board or other prominent place advising
employees whom to call in the event of a dangerous discharge. Employers
shall insure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
(4)
Slug control plan. The Township shall evaluate, at
least once every two years, whether each significant industrial user
needs a plan to control slug discharges. For purposes of this subsection,
a slug discharge is any discharge of a nonroutine, episodic nature,
including but not limited to an accidental spill or noncustomary batch
discharge. If the Township decides that a slug control plan is needed,
the plan shall contain, at a minimum, the following elements:
(a)
Description of discharge practices, including
nonroutine batch discharges;
(b)
Description of stored chemicals;
(c)
Procedures for immediately notifying Exeter
Township of slug discharges, including any discharge that would violate
a prohibition under 40 CFR 403.5(b), with procedures for follow-up
written notification within five days;
(d)
If necessary, procedures to prevent adverse
impact from accidental spills, including inspection and maintenance
of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants (including solvents), and/or measures and
equipment for emergency response.
R.
Hauled wastewater.
(1)
Septic tank waste, sludges and industrial waste may
be introduced to the POTW.
(2)
Exeter Township shall require haulers of septage,
sludges and industrial waste to obtain wastewater discharge permits.
Exeter Township may require generators of hauled septage, sludges
and industrial waste to obtain wastewater discharge permits. Exeter
Township also may prohibit the disposal of hauled septage, sludges
and industrial waste. The discharge of hauled septage, sludges and
industrial waste is subject to all other requirements of this article.
(3)
Septage, sludges and industrial waste haulers may
discharge loads only at locations designated by Exeter Township. No
load may be discharged without prior consent: of Exeter Township.
Exeter Township may collect samples of each hauled load to ensure
compliance with applicable standards. Exeter Township may require
the septage, sludges and industrial waste hauler to provide a waste
analysis of any load prior to discharge.
(4)
Septage, sludges and industrial waste haulers must
provide a waste-tracking form for every load. This form shall include,
at a minimum, the name and address of the septage, sludges and/or
industrial hauler, permit number, truck identification, names and
addresses of sources of waste and sludges, and volume and characteristics
of waste and sludge and the location where it is to be deposited.
The form shall identify the type of industry, known or suspected waste
constituents and whether any wastes are RCRA hazardous wastes.
[Amended 8-13-2007 by Ord. No. 640]
A.
The economy and desirability of the combined treatment
of wastes from domestic and nondomestic users is recognized. However,
not all types of nondomestic wastes can be so treated. Hence it shall
be the established policy of Exeter Township to accept those types
and quantities that are not harmful or damaging to the structures,
processes or operation of the POTW or are not specifically prohibited
by this article. It is also recognized that to provide this service,
additional expenditures are required. These expenditures must be borne
by those persons receiving the benefits.
B.
Any industrial user discharging into the sewer system
an industrial waste having any one or more of the following characteristics
shall obtain approval from Exeter Township in the form of an industrial
waste discharge permit:
(1)
A BOD5 greater than 250 mg/l.
(2)
A total suspended solids content greater than 250
mg/l.
(3)
A dissolved solids content greater than 500 mg/l.
(4)
A COD greater than 600 mg/l.
(5)
A chlorine demand greater than 12 mg/l.
(6)
An average daily flow greater than 5% of the average
daily sewage flow of the sewer system.
(8)
Having been discharged from an industrial establishment as this term is defined in § 305-16B of this article.
(10)
Industrial users existing at the time this article
is enacted will be screened by Exeter Township on the basis of information
then available. Exeter Township will notify in writing existing industrial
users within 30 days of the enactment of this article if a permit
is required. Existing industrial users shall apply for a permit if
so notified within 30 days of the notifications. New industrial users
may not discharge to the sewer system without first obtaining an industrial
waste discharge permit.
(11)
New industrial users shall apply for a permit
at least 60 days prior to discharging to the sewer system.
(12)
All applications for permits shall be made on
industrial waste permit application forms furnished by Exeter Township
in support of the application, the user shall submit, in units and
terms appropriate for evaluation, the following information:
(a)
Name, address, and location (if different from
the address);
(b)
SIC number according to the Standard Industrial
Classification Manual;
(c)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 305-21 of this article 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 Part 136 as amended;
(d)
Time and duration of contribution;
(e)
Average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variations if any;
(f)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections, and appurtenances
by the size, location and elevation;
(g)
Description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged;
(h)
Where known, the nature and concentration of
any pollutants in the discharge which are limited by any Township,
state, or federal pretreatment standards, and a statement, which has
been reviewed by an authorized representative and certified by a professional,
regarding whether or not the pretreatment standards are being met
on a consistent basis and if not, whether additional operation and
maintenance (O&M) and/or additional pretreatment is required for
the user to meet applicable pretreatment standards;
(i)
If additional pretreatment and/or O&M will
be required to meet the pretreatment standards; the shortest schedule
by which the user will provide such additional pretreatment. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. The following
conditions shall apply to this compliance schedule:
[1]
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the 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.).
[2]
No increment shall exceed nine months.
[3]
Not later than 14 days following each date in
the schedule and the final date for compliance, the user shall submit
a progress report to the Township, 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 user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Township.
[4]
The compliance schedule shall not be a waiver
of the user's noncompliance nor shall it protect the user from enforcement
action.
(j)
Each product produced by type, amount, process
or processes and rate of production;
(k)
Type and amount of raw materials processed (average
and maximum per day);
(l)
Number and type of employees, and hours of operation
of plant and proposed or actual hours of operation of pretreatment
system;
(m)
Any other information as may be deemed by the
Township to be necessary to evaluate the permit application.
(13)
The Township will evaluate the data furnished
by the user and may require additional information.
(14)
The industrial waste permit application form
shall be competently completed and returned to Exeter Township for
review and approval. Only upon approval of Exeter Township will an
industrial waste permit be issued and the discharge to the sewer system
allowed. No industrial user requiring an industrial waste permit may
discharge wastewater to the sewer system without a valid industrial
waste permit.
(15)
Where necessary, in the opinion of Exeter Township,
the property owner shall provide, at his expense, a survey analysis
and report by a registered professional engineer acceptable to the
Township.
(16)
Upon review of the industrial waste permit application,
Exeter Township will issue to the applicant an industrial waste permit
should the applicant's waste be suitable for treatment in the judgement
of Exeter Township. Said permit is not transferable without the prior
written consent of Exeter Township.
(17)
Federal Categorical Pretreatment Standards.
Upon the promulgation of the Federal Categorical Pretreatment Standards
for a particular industrial subcategory, the federal standard, if
more stringent than limitations imposed under this article for sources
in that subcategory, shall immediately supersede the limitations imposed
under this article. The Township shall notify all affected users of
the applicable reporting requirements under 40 CFR 403.12.
C.
Industrial waste discharge permits shall be expressly
subject to all provisions of this article and all other applicable
regulations, user charges and fees established by Exeter Township;
permits may contain the following:
(1)
Limits on the average and maximum wastewater constituents
and characteristics.
(2)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(3)
Requirements for installation and maintenance of inspection
and sampling facilities.
(4)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types, and standards
for tests and reporting schedules.
(5)
Compliance schedules.
(6)
Requirements for submission of technical reports or
discharge reports.
(7)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by Exeter Township,
and affording Exeter Township access thereto.
(8)
Requirements for notification of Exeter Township of
any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system.
(9)
Requirements for notification of slug discharges and
preparation and implementation of slug control plans or other special
conditions, including best management practices necessary to adequately
prevent accidental, unanticipated or nonroutine discharges.
[Amended 12-28-2009 by Ord. No. 689]
(10)
A statement of applicable civil and criminal
penalties for violation of pretreatment standards and requirements,
and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable federal,
state, or local law.
(11)
Other conditions as deemed appropriate by Exeter
Township to ensure compliance with this article.
D.
Permits shall be issued for a specified time period,
not to exceed five years. A permit may be issued for a period less
than a year or may be stated to expire on a specific date. The user
shall apply for permit reissuance a minimum of 60 days prior to the
expiration of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the Township during
the term of the permit as limitations or requirements are modified
or other just cause exists. The user shall be informed of any proposed
changes in his permit at least 30 days prior to the effective date
of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance. Industrial waste discharge
permits are issued to a specific user for a specific operation. A
wastewater discharge permit shall not be reassigned or transferred
or sold to a new owner, new user, different premises, or a new or
changed operation without the approval of Exeter Township. Any succeeding
owner or user shall also comply with the terms and conditions of the
existing permit.
E.
Any user who violates the following conditions of
this article, or applicable state or federal regulations, is subject
to having his permit revoked by Exeter Township:
(1)
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge;
(2)
Failure of the user to report significant changes
in operations, or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring; or
(4)
Violation of any conditions of the permit or of this
article. Whenever Exeter Township finds that any user has violated
or is violating this article, industrial waste permit, or any prohibition,
limitation of requirements contained herein, Exeter Township may serve
upon such person a written notice stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to Exeter Township by the user.
F.
Any person who shall discharge industrial wastes into
the sewer system, when required by Exeter Township, shall construct
and thereafter shall properly maintain, at his own expense, a suitable
control manhole and other devices as may be approved by Exeter Township
to facilitate observation, measurement and sampling by Exeter Township
of industrial wastes discharged to the sewer system.
(1)
Any such control manhole, when required by Exeter
Township, shall be constructed at an accessible, safe, suitable and
satisfactory location in accordance with plans approved by this Township
prior to commencement of construction.
(2)
There shall be ample room in the monitoring manhole
to allow accurate sampling and preparation of samples for analysis.
The facility shall be maintained at all times in a safe and proper
operating condition by the owner at his expense.
(3)
Exeter Township and its duly authorized representative
shall be permitted to enter upon all properties at all times for the
purpose of inspection, observation, measurement, sampling, and testing.
G.
Whenever necessary, in the opinion of Exeter Township,
the owner of an improved property shall provide, at his expense, such
facilities for pretreatment and handling of industrial wastes as may
be necessary to:
H.
Plans, specifications and any other pertinent information
relating to proposed facilities for pretreatment and handling of industrial
wastes shall be submitted for approval to Exeter Township and no construction
of any such facility shall be commenced until approval thereof first
shall have been obtained in writing, from Exeter Township, and until
approval thereof first shall have been obtained from any governmental
regulatory body having jurisdiction. Such approvals shall not relieve
the discharger from meeting any of the limitations of this article.
I.
Whenever facilities for pretreatment and handling
of industrial wastes shall have been provided by the owner of such
improved property, such facilities shall be continuously maintained
in satisfactory operating condition at the expense of such owner,
and Exeter Township shall have access to such facilities at all times
for purposes of inspection and testing.
J.
Whenever it is necessary for an industry or commercial
user to provide pretreatment, said user shall submit to Exeter Township
a pretreatment compliance schedule containing milestone dates for
design, implementation and final compliance for approval. Failure
to comply with any of the Exeter Township approved time restraints
herein contained shall be considered a violation of this article.
K.
Any industrial establishment discharging sanitary
sewage and/or industrial wastes into the sewer system and contemplating
a change in the method of operation which will alter the characteristics
and/or volumes of wastes at the time being discharged into the sewer
system shall notify Exeter Township, in writing, as soon as possible
prior to consummation of such change.
(1)
This Township reserves the right to require industrial
establishments having large variations in rates of waste discharge
to install suitable regulating devices for equalizing waste flows
to the sewer system.
(2)
All industrial users shall notify Exeter Township as soon as possible in advance, in writing, of any substantial change in the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under § 305-22S herein and/or as required by 40 CFR 403.12(p).
L.
Exeter Township reserves the right to refuse permission
to connect to the sewer system, to compel discontinuance of use of
the sewer system or to compel pretreatment of industrial wastes in
order to prevent discharges deemed harmful to or having a deleterious
effect upon any portion of the sewer system or receiving stream.
M.
Permit modifications. As the U.S. EPA adds or amends specific pretreatment and effluent guidelines, or as Exeter Township deems necessary, the restrictions or conditions of an industrial waste permit may require amendment. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a permit as required by § 305-22B, the user shall apply for a permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing permit shall submit to Exeter Township within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by § 305-22B(12)(h) and (i).
N.
Baseline monitoring reports. Within 90 days after
the effective date of a categorical pretreatment standard, existing
industrial users subject to such categorical pretreatment standard
shall submit a baseline monitoring report in conformance with 40 CFR
403.12(b), compliance schedule progress reports in conformance with
40 CFR 403.12(c), and the ninety-day compliance report in conformance
with 40 CFR 403.12(d).
O.
The Township reserves the right to require any nonresidential
user to periodically submit self-monitoring reports in accordance
with that user's permit. All significant industrial users must submit
self-monitoring reports in accordance with 40 CFR 403.12(e) or 40
CFR 403.12(h), and/or as specified in the industrial waste permit.
(1)
If a user monitors any pollutant more frequently than
required by the permit, using the procedures prescribed in the permit,
the results of this monitoring shall be included in the self-monitoring
report.
(2)
Notice of violation/repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must
notify Exeter Township within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to Exeter Township within 30 days after
becoming aware of the violation. The user is not required to resample
if Exeter Township monitors at the user's facility at least once per
month, or if Exeter Township samples between the user's initial sampling
and when the user receives the results of this sampling.
P.
Certification requirement.
(1)
All reports submitted pursuant to this article, including
baseline monitoring reports, reports on compliance with categorical
pretreatment standards, significant industrial user reports and periodic
reports on continued compliance, shall include the certification statement
set forth in 40 CFR 403.6(a)(2)(ii).
(2)
All significant industrial users subject to categorical
pretreatment standards shall include in any report submitted pursuant
to these standards, rules and regulations, any applicable certifications
as required in the categorical pretreatment standards.
Q.
Signatory requirement. Baseline monitoring reports,
reports on compliance with categorical pretreatment standards, significant
industrial user reports and periodic reports on continued compliance
shall be signed as specified in 40 CFR 403.12(1).
R.
Recordkeeping requirements.
(1)
All users subject to the reporting requirements established
herein or in the national pretreatment standards shall maintain records
of all information resulting from any required monitoring activities.
Such records shall include for all samples:
(a)
The date, exact place, method and time of sampling
and the name(s) of the person(s) taking the samples;
(b)
The dates analyses were performed;
(c)
The identity of a laboratory and/or persons
who performed the analysis;
(d)
The analytical techniques/methods used; and
(e)
The results of such analyses.
(2)
Records required to be maintained in this section
shall be retained for a minimum of three years. This period of retention
shall be extended during the course of any unresolved litigation regarding
the user or Exeter Township or when requested by the Township, the
DEP or the EPA.
(3)
Records required to be maintained by the user shall
be made available for inspection and copying by Exeter Township, the
DEP and the EPA.
S.
Notification of discharge of listed or characteristic
wastes. In accordance with 40 CFR 403.12(p), all industrial users
shall notify Exeter Township, the EPA Region III, Director of the
Waste Management Division, and the DEP, in writing, of any discharge
into the Exeter Township Wastewater Management System of a substance,
which, if otherwise disposed of, would be a hazardous waste under
40 CFR Part 261.
T.
National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 through 471 are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant
in wastewater, Exeter Township may impose equivalent concentration
or mass limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
Exeter Township shall impose an alternate limit using the combined
waste stream formula in 40 CFR 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
A.
The furnishing and installation of meters or other
measuring devices which shall not be owned by Exeter Township or any
private or public water supplier, but shall be permitted under provisions
of this article, shall be the sole responsibility of the owner. The
installation or use of such meters or other measuring devices at all
times shall be subject to the approval of Exeter Township and may
be tested and inspected by Exeter Township whenever necessary. The
owner shall be responsible for the maintenance, safekeeping and repair
of any such meter, whether such repairs shall be made necessary by
ordinary wear and tear or other causes. Where such meters or measuring
devices are installed, the owner shall be responsible for having them
calibrated at least annually by an authorized representative of the
manufacturer. Upon each calibration, the owner shall have the manufacturers
representative submit to Exeter Township a certificate of calibration
certifying that the meter or other measuring device has been properly
calibrated.
B.
Exeter Township shall be responsible for the reading
of all meters or other measuring devices, other than those opened
and read by any private or public water supplies, and the same shall
be available to employees and agents of Exeter Township at all reasonable
times.
C.
Representatives of Exeter Township shall have the
right of access at reasonable times to any part of any improved property
served by the sewer system and any meters used for purposes of establishing
or determining water consumption, water excluded from the sewer system
or sanitary sewage or industrial wastes discharged to the sewer system.
Any tank truck or any other equipment used or
intended to be used within the Township for the removal and/or transportation
of domestic waste and/or industrial wastes shall conform to the following
requirements:
A.
The container shall be watertight.
B.
Tanks, containers or other equipment shall be so constructed
that every portion of the interior and exterior can be easily cleaned
and shall be kept in a clean and sanitary condition.
C.
Piping, valves and permanent or flexible connections
shall be accessible and easily disconnected for cleaning purposes.
D.
The inlet opening, or openings, to every container
shall be so constructed that the material will not spill out during
filling, transfer or transport.
E.
The outlet connections shall be so constructed that
no material will leak out or run out to other than the point of discharge
and shall be of a design and type suitable for the material handled
and capable of controlling the flow or discharge without spillage,
undue spray or flooding of immediate surroundings while in use.
F.
No connections shall be made at any time between a
tap or outlet furnishing potable water on any premises and any container
or equipment holding material by any means other than an open connection.
No domestic waste and/or industrial wastes shall be discharged by
tank trucks into the sewer system.
A.
Exeter Township shall have the right of access at
all times to any part of any improved property served by the sewer
system as shall be required for purposes of inspection, measurement,
sampling and testing and for performance of other functions relating
to service rendered by Exeter Township through the sewer system.
B.
EPA and/or DEP shall have the right to set up on the
user's property such devices as are necessary to conduct sampling,
inspection, compliance monitoring and/or metering operations. Where
a user has security measures in force which would require proper identification
and clearance before entry into their premises, the user shall make
necessary arrangements with their security guards so that, upon presentation
of suitable identification, personnel from Exeter Township, EPA and/or
DEP will be permitted to enter, without delay, for the purposes of
performing their specific responsibilities.
C.
Confidential information. Information and data on
a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall be available
to the public or other governmental agency without restriction unless
the user specifically requests and is able to demonstrate to the satisfaction
of Exeter Township that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets of the user.
The owner of each improved property connected
to the sewer system shall be responsible for all acts of tenants or
other occupants of such improved property insofar as such act shall
be governed by provisions of this article.
Exeter Township reserves the right to adopt,
from time to time, such additional rules and regulations as it shall
deem necessary and proper in connection with use and operation of
the sewer system, which rules and regulations shall become effective
as though set forth herein.
[Amended 8-13-2007 by Ord. No. 640]
A.
Any person who shall violate any of the provisions
of this article or who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article;
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this article shall be fined
up to $1,000 per day per violation and shall pay the costs of prosecution
and, in default of payment of such fines and costs, such person shall
be imprisoned in the Berks County jail for not more than 90 days.
Each day of the continuation of a violation shall constitute a separate
offense.
B.
Exeter Township reserves the right to seek injunctive
relief from discharge of substances to the sewer system which it deems
harmful and/or to require compliance with the terms and conditions
of this article.
C.
Cease and desist orders. When Exeter Township finds
that an industrial user has violated or continues to violate this
article or any permit or order issued hereunder. Exeter Township may
issue an order to cease and desist all such violations and direct
those persons in noncompliance to comply forthwith and/or take such
appropriate remedial or preventative action as may be needed to properly
address a continuing or threatened violation, including immediately
halting operations and terminating the discharge.
D.
Significant noncompliance.
(1)
An industrial user is in significant noncompliance
if the violation meets one or more of the following criteria:
(a)
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all of the measurements
taken during a six-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant parameter;
(b)
Technical review criteria (TRC) violations,
defined here as those in which 33% or more of all of the measurements
for each pollutant parameter taken during a six-month period equal
or exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC value. The TRC values are:
|
TRC = 1.4 for BOD5, TSS,
fats, oils and grease
| |
|
TRC = 1.2 for all other pollutants except pH
|
(c)
Any other violation of a pretreatment effluent
limit (daily, maximum or longer-term average) that the Exeter Township
determines has caused, alone or in combination with other discharges,
interference or pass-through (including endangering the health of
Exeter Township personnel or the general public);
(d)
Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare or to the environment,
or has resulted in the Exeter Township's exercise of its emergency
authority to halt or prevent such a discharge;
(e)
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in a user permit,
control mechanism or enforcement order for starting construction,
completing construction or attaining final compliance;
(f)
Failure to provide, within 30 days after the
due date, required reports, including, but not limited to, baseline
monitoring reports, ninety-day compliance reports, periodic self-monitoring
reports, significant industrial user reports and reports on compliance
with compliance schedules;
(g)
Failure to accurately report noncompliance;
and/or
(h)
Any other violation or group of violations,
which may include a violation of best management practices, which
Exeter Township determines will adversely affect the operation or
implementation of the pretreatment program.
[Amended 12-28-2009 by Ord. No. 689]
(2)
Any violation that meets the criteria of Subsection D(1)(a) above shall be considered a major violation.
(3)
At least once a year, Exeter Township shall publish
in the largest daily newspaper published in Berks County a notice
to the public of industrial users which were in significant noncompliance.
This notice shall include the name(s) and address(es) of the user
and may also include additional information such as the duration of
the violation, nature of the violation, compliance action taken (if
any), whether the user is currently complying with a compliance schedule
and whether the user has returned to compliance. At the discretion
of Exeter Township, the type of enforcement action undertaken may
also be reported. This provision does not prohibit the publication
of this notice in more frequent intervals.
(4)
Exeter Township may also take such other enforcement
response actions it deems necessary to bring the user into compliance
with this article.
E.
Exeter Township will follow the Exeter Township Enforcement
Response Guide which will be reevaluated and amended as needed.
