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Township of Upper Allen, PA
Cumberland County
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Table of Contents
Table of Contents
A. 
Discharge of stormwater. No person shall discharge or cause or permit to be discharged any stormwater, surface water, groundwater, artesian well water, roof water, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, building foundation drainage, and unpolluted wastewater into any sanitary sewer, unless specifically authorized by the Township.
B. 
Prohibited discharges. No user shall discharge or cause to be discharged, directly or indirectly, any pollutant or wastewater that causes pass-through or contributes to interference with the operation or performance of the sewer system. These general prohibitions apply to all users, whether or not the users are subject to federal categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements. No person shall discharge the following substances to the sewer system:
(1) 
Any liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewer system or to the operation of the sewer system. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the sewer system (or at any point in the sewer system) be more than 5%, nor any single reading be over 10%, of the lower explosive limit (LEL) of the meter. At no time shall the closed-cup flashpoint of the wastewater be less than 140°F. (60°C.) using test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, the following substances in concentrations which cause noncompliance with the above standard: gasoline, kerosene, naphtha, benzene, ethers, alcohols, peroxides, chlorates, perchlorates, bromates and carbides.
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interferences with the operation of the sewer system, such as but not limited to grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, and glass grinding or polishing wastes.
(3) 
Any wastewater having a pH less than 6.0 or more than 9.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the sewer system.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other constituents of the wastewater, which injures or interferes with any wastewater treatment process, constitutes a hazard to humans and animals, creates a toxic effect in the receiving waters of the sewage treatment plant, or exceeds the limitations set forth in an applicable federal categorical pretreatment standard.
(5) 
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other substances present in the sewer system, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewer system for maintenance and repair.
(6) 
Any petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.
(7) 
Fats, oils, greases or waxes of animal or vegetable origin in concentrations greater than a daily maximum of 200 mg/l or a monthly average of 100 mg/l.
(8) 
Any substance that may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant, such as residues, sludges or scums, to be unsuitable for reclamation or reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the sewer system cause the sewage treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the sludge management method being used.
(9) 
Any substance that will pass-through and, as a result, cause the sewage treatment plant to violate its NPDES permit and/or state collection system permit or applicable receiving water quality standards.
(10) 
Any wastewater with objectionable color which will pass-through the sewage treatment plant, such as, but not limited to, dye wastes and vegetable tanning solutions.
(11) 
Any wastewater having a temperature which will inhibit biological activity in the sewage treatment plant, resulting in interference, but in no case wastewater with a temperature at the introduction into the sewage treatment plant which exceeds 104° F. (40° C.).
(12) 
Any substance which results in the formation or release of toxic gases, vapors or fumes in a quantity that may cause acute worker health and safety problems.
(13) 
Any trucked or hauled wastewater or pollutants, except those discharged at points designated by the Township.
(14) 
Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration that will cause interference to the sewage treatment plant or interfere with the operation of the sewer system.
(15) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Township or applicable state or federal regulations, cause interference or otherwise adversely impact the sewage treatment plant or cause or contribute to pollution.
(16) 
Any wastewater, alone or in conjunction with other sources, which is incompatible with treatment processes in use at the sewage treatment plant so as to cause interference or pass-through or to cause the treatment plant effluent to fail a toxicity test.
(17) 
Any wastewater containing any compounds or salts of aldrin, dieldrin, endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxyproprionic acid or other persistent herbicides, pesticides or rodenticides.
(18) 
Medical wastes, except as specifically authorized by the Township in a wastewater discharge permit.
(19) 
Detergents, surface-active agents or other substances that may cause excessive foaming in the sewage treatment plant.
(20) 
Sludges, screenings or other residues from the pretreatment of industrial wastes.
C. 
Unauthorized discharges. Discharge of any prohibited substance listed under §§ 200-5.1 and 200-5.2 of this chapter shall be considered an unauthorized discharge, and the Township may take whatever steps are necessary to halt such a discharge.
Special agreements and/or waiver of pretreatment requirements. Nothing contained in this chapter shall be construed as prohibiting special agreements between the Township and a person discharging industrial wastes or wastewaters to the sewer system, or for the Township to otherwise waive requirements hereunder, when conditions and circumstances making such special agreements or waiver advisable and/or necessary, in the opinion of the Township, are present; provided, however, that:
A. 
National categorical pretreatment standards, prohibitive discharge standards [including the general and specific prohibitions set forth at 40 CFR 403.5(a) and (b)] and other pretreatment requirements set forth in 40 CFR 403 shall not be waived, unless such waiver is granted by mechanisms established under the national pretreatment regulations (40 CFR 403 et seq.).
B. 
In no case shall a special agreement or waiver of local limits allow for an industrial user to discharge any pollutant which, alone or in combination with other regulated industrial user discharges, would reasonably be expected to exceed the mass loadings determined by the Township as acceptable to the sewage treatment plant based upon considerations of, among other things, interference, pass-through and sludge contamination. The Township may consider other factors (e.g., effect of the discharge on the sewer system, future expansion, etc.), as it deems appropriate. In no event shall special agreement or waiver allow the sum of the loadings allocated to industrial users to exceed the values set forth in any local limits analysis submitted by the Township to the EPA and approved by the EPA as part of the industrial pretreatment program.
C. 
The Township may require an industrial user requesting a special agreement or waiver adjusting effluent limitations to submit supporting documentation indicating why the industrial user cannot reasonably expect to meet the effluent limitation contained in its wastewater discharge permit, setting forth an expeditious schedule for achieving compliance with such limitations and including such other information as the Township may require. In granting any special agreement or waiver, the Township may impose time limitations upon any reduced requirements and provide a compliance schedule for achieving compliance. In granting any special agreement or waiver, the Township may impose any other conditions deemed necessary to implement the purposes of this chapter.
D. 
If granting a special agreement or waiver would result in increased costs to the Township (e.g., treatment, monitoring, sludge disposal costs), the Township may condition the special agreement or waiver upon the agreement of the industrial user to pay those costs and to provide security adequate in the judgment of the Township to assure payment of said costs.
E. 
Any special agreement and/or waiver of pretreatment requirements under this section shall be memorialized in writing. "In writing" includes, among other things, a wastewater discharge permit modification, a written agreement, a letter from the Township to the industrial user, an inspection report or any other written record which identifies that the Township waived or otherwise modified the requirement.
A. 
Federal categorical pretreatment standards. The federal categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, §§ 405-471 are hereby incorporated by reference.
(1) 
When regulated waste streams subject to a federal categorical pretreatment standard are mixed with unregulated waste streams, the Township may impose alternate limits using the combined waste stream formula found in 40 CFR 403.6(e).
(2) 
Where a federal categorical pretreatment standard is expressed only in terms of either mass or concentration for a pollutant, the Township may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
(3) 
When the limits in a federal categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the Township convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Township. The Township may establish equivalent mass limits only if the industrial user meets all of the conditions outlined in 40 CFR 403.6(c)(5) as set forth below:
(a) 
To be eligible for equivalent mass limits, the industrial user must:
[1] 
Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;
[2] 
Currently use control and treatment technologies adequate to achieve compliance with the applicable federal categorical pretreatment standard and not have used dilution as a substitute for treatment;
[3] 
Provide sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
[4] 
Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and
[5] 
Have consistently complied with all applicable federal categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.
(b) 
An industrial user subject to equivalent mass limits must:
[1] 
Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
[2] 
Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;
[3] 
Continue to record the facility's production rates and notify the Township whenever production rates are expected to increase by more than 20% from its baseline production rates determined in Subsection A(3)(a)[3] of this section. Upon notification of a revised production rate, the Township will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
[4] 
Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Subsection A(3)(a)[1] and (a)[2] of this section so long as it discharges under an equivalent mass limit.
(c) 
When developing equivalent mass limits, the Township:
[1] 
Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable federal categorical pretreatment standard and the appropriate unit conversion factor;
[2] 
Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
[3] 
May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 200-5.6 of this chapter. The industrial user must also be in compliance with § 200-9.3 of Article IX of these regulations.
[4] 
The Township may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.
(4) 
The Township may convert the mass limits of federal categorical pretreatment standards at 40 CFR 414, 419 and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. When converting such limits to concentration limits, the Township will use the concentrations listed in the applicable subparts of 40 CFR 414, 419 and 455 and document that dilution is not being substituted for treatment as stated in § 200-5.6 of this chapter.
(5) 
If a federal categorical pretreatment standard contains pretreatment standards for both daily maximum and four-day average, the same production or flow shall be used in calculating both daily maximum and four-day average equivalent limitations in accordance with 40 CFR 403.6(c)(8).
(6) 
Any industrial user subject to a wastewater discharge permit containing equivalent concentration or mass limits calculated based on a production standard shall notify the Township within two business days after the industrial user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any industrial user not notifying the Township of such change will be required to comply with the concentration or mass equivalent limits in its wastewater discharge permit that are based on the original long-term average production rate in accordance with 40 CFR 403.6(c)(9).
(7) 
An industrial user may obtain a variance from a federal categorical pretreatment standard if the industrial user proves, pursuant to 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the federal categorical pretreatment standard.
(8) 
An industrial user may obtain a net gross adjustment to a federal categorical pretreatment standard in accordance with 40 CFR 403.15. Federal categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water.
(9) 
Where there is a conflict between federal, state or local pretreatment standards, the more stringent pretreatment standard shall apply.
B. 
Removal credits. Where the sewage treatment plant achieves consistent removal of pollutants limited by categorical standards, the Township may, at its sole discretion, apply to the approval authority for modification of specific limits in the categorical standards as provided for in 40 CFR 403.7. Industrial user removal credit compensation for overflow, if utilized, shall comply with 40 CFR 403.7(h) conditions.
C. 
State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those established under this chapter.
A. 
The Township may establish, review and revise from time to time local limits regulating the discharge of specific pollutants by industrial users.
(1) 
Local limits may be established for any substance which is discharged, or is likely to be discharged, to the sewer system.
(2) 
Local limits may limit concentration, mass or a combination of the two.
(3) 
The procedure for the calculation of local limits may be as recommended by the approval authority or otherwise considered appropriate by the Township.
(4) 
Local limits shall be calculated for pollutants, as deemed necessary, to prevent interference and pass-through. In addition, local limits may be calculated to prevent the discharge of toxic materials in toxic amounts; threats to worker health and safety; and physical, chemical or biological damage to the sewer system; or for such other purposes as the Township deems appropriate.
(5) 
Local limits are applicable to all significant industrial users and may be included in wastewater discharge permits. Local limits may be applied to other industrial users as deemed appropriate by the Township.
(6) 
Discharge of any pollutant by a significant industrial user, or an industrial user subject to a local limit, in excess of a local limit established for that pollutant shall constitute an unauthorized discharge.
(7) 
Local limits for industrial waste dischargers apply at the point of discharge to the sewer system. All metals are considered "total metal" unless otherwise indicated.
B. 
Table of local limits.
Local Limits
Substance
Monthly Average
(mg/l)
Daily Maximum
(mg/l)
MAHL1, 2
(pounds per day)
Arsenic
0.1420
0.2840
0.6234
Cadmium
0.0908
0.1815
0.3983
Chromium
4.220
8.4439
18.5320
Copper
2.6575
5.3150
15.4752
Cyanide
1.4077
2.8153
6.2836
Lead
0.9672
1.9344
4.2456
Mercury
0.0442
0.0883
0.1939
Molybdenum
0.5485
1.0970
2.5920
Nickel
1.5588
3.1175
6.8420
PCBs
0.0001
0.0002
0.0547
Selenium
0.3118
0.6235
1.3684
Silver
3.2657
6.5313
14.3344
Zinc
1.2145
2.4290
18.8507
Notes:
1
Based on Table 18 of the Authority's Headworks Analysis dated January 26, 2010, using EPA Version PA 3.1.
2
Maximum allowable headworks loading based on Table 20 of the Lower Allen Township Authority's Headworks Analysis dated January 26, 2010, using EPA Version PA 3.1.
The Township reserves the right to establish through a wastewater discharge permit more stringent limitations or requirements on discharges to the sewer system, if deemed necessary and appropriate to comply with the objectives presented in these regulations.
No industrial user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with discharge limitations unless expressly authorized by the applicable pretreatment standard or requirement. The Township may impose mass limitations on industrial users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limits is appropriate.
A. 
Industrial users shall provide necessary wastewater treatment as required to comply with these rates, rules and regulations and shall achieve compliance with all federal categorical pretreatment standards, local limits and the prohibitions set out in §§ 200-5.1 and 200-5.2 of this chapter. Any facilities required to pretreat wastewater to a level acceptable to the Township shall be provided, operated and maintained at the industrial user's expense.
B. 
Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Township for review and shall be acceptable to the Township before construction of the facility. The Township does not by its acceptance of any of the designs or installation of the plans and equipment, or of any other information or plans submitted by an industrial user, warrant or aver in any manner that the industrial user's implementation of such measures will result in compliance with the applicable pretreatment requirements. Notwithstanding any approval of such plans by the Township, the industrial user remains solely responsible for compliance with the applicable pretreatment standards and requirements and all other federal, state and local requirements. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the Township under the provisions of these regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Township prior to the industrial user's initiation of the changes.
C. 
The industrial user shall at all times properly operate and maintain all pretreatment facilities and systems of treatment and control (and related appurtenances) which are installed or used by the industrial user to achieve compliance with pretreatment standards and requirements. This includes adequate laboratory controls and appropriate quality assurance procedures, the operation of backup or auxiliary facilities, or similar systems which are installed by the industrial user only when the operation is necessary to achieve compliance. The intentional diversion of waste streams from any portion of the industrial user's treatment facility is prohibited, except as provided by § 200-9.3B of these regulations.
Whenever deemed necessary, the Township may require an industrial user to restrict its discharge during peak flow periods; to discharge at a consistent flow rate; to discharge certain industrial wastewaters only into specific sewers; to relocate and/or consolidate points of discharge; to separate domestic wastewater from industrial wastewater; and to perform and maintain such other conditions as may be necessary to protect the sewage system and to determine the industrial user's compliance with the requirements of these regulations. The Township may require any person discharging into the sewer system to install and maintain, on his/her property and at his/her expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. Industrial users with the potential to discharge flammable substances may be required to install and maintain an acceptable combustible gas detection meter.
A. 
Upon notification from the Township, an industrial user shall provide protection from accidental spills and slug load discharges of prohibited materials or other substances regulated under these regulations, or federal or state regulations and in accordance with 40 CFR 403.8(f)(1)(iii)(B)(6). Facilities to prevent accidental spills or slug load discharges of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Township for review and shall be subject to Township approval before construction of the facility. All industrial users shall be evaluated for the need to develop and implement an accidental discharge/slug load control plan in accordance with requirements found at 40 CFR 403.8(f)(2)(vi) when designated by the Township. An accidental discharge/slug load control plan shall address, at a minimum, the following provisions:
(1) 
Description of discharge practices, including nonroutine batch discharges.
(2) 
Description of stored chemicals and material safety data sheets.
(3) 
Procedures for immediately notifying the Township of any accidental spill or slug load discharge.
(4) 
Procedures to prevent adverse impact from any accidental spill or slug load discharge. Such procedures include, but are not limited to, 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.
(5) 
Such other conditions as deemed appropriate by the Township.
B. 
PPC plans. Within 180 days of the adoption of this chapter, all existing significant industrial users shall complete and obtain approval of a preparedness, prevention and contingency (PPC) plan or provide acceptable evidence that such a plan is not necessary for their facility. No significant industrial user who commences discharge to the sewer system after the effective date of this chapter shall be permitted to introduce pollutants into the sewer system until this requirement has been fulfilled. The Township, at its discretion, may require that a PPC plan be developed by any other industrial user. PPC plans for significant industrial users shall, at a minimum, contain the elements specified in the DEP's Guidelines for the Development and Implementation of Environmental Emergency Response Plans. PPC plans shall be submitted to the Township for review and shall be accepted by the Township before implementation of the plan or construction of any required facilities. Review and approval of such plans, facilities and operating procedures by the Township shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of the industrial pretreatment program. The review and approval of plans and procedures by the Township shall not be considered as an approval or determination regarding their efficacy, safety or reliability; such considerations are solely the responsibility of the industrial user.
A. 
Discharge of trucked or hauled wastes shall only be made at a point designated by the Township, and such waste shall not violate these regulations or any other requirements established by the Township.
B. 
No trucked or hauled wastes may be discharged except as specifically approved by the Township. The Township may require testing, reporting or other specific information to be presented by the operator or owner prior to discharge.
C. 
In order to implement the provisions of § 200-5.10, the Township may establish a permit system or other means of control and may set rate, frequency, volume or other controls on the discharges from such vehicles.
A. 
Drainage of water-filtration systems. Discharge of filter backwash water to the sewer system shall be regulated as follows:
(1) 
Granular media (e.g., sand) filter backwash water may be discharged to the sewer system, subject to all of the applicable provisions of this chapter.
(2) 
Diatomaceous earth filter backwash, if discharged to the sewer system, shall be connected to the sewer system through settling tanks with no less than three months' storage capacity of spent diatomaceous earth, which tanks shall be accessible for removing solid waste for disposal.
B. 
Privy vaults, cesspools, sinkholes and septic tanks.
(1) 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Article III of these regulations to be connected to a sewer.
(2) 
Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Township, shall be cleansed and filled under the direction and supervision of this Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Township, cleansed and filled shall constitute a nuisance, and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.
(3) 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall at any time be connected to a sewer.
C. 
Floor drains.
(1) 
Basement floor drains shall not be permitted to be connected to the building sewer except where it can be shown to the satisfaction of the Township that the connection is absolutely necessary.
(2) 
A permit shall be obtained from the Township before any floor drain may be attached to the building sewer drainage system.
(3) 
No permit for a basement floor drain shall be granted until the owner of the building or his/her agent has executed, signed and filed with the Township a written statement releasing the Township from any damage or personal injury that may result.