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Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
[Adopted 4-21-1997 by Ord. No. 383]
A. 
Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this article shall be as follows:
ACT OR THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
AQUA
Aqua Pennsylvania Wastewater, Inc., the owner and operator of sewer system in Tobyhanna Township, as shown in the Tobyhanna Township Act 537 Plan approved by the Pennsylvania Department of Environmental Protection excluding Tobyhanna Township Sewer District No. 1. The term "Aqua" shall also include all other sanitary sewer service providers in Tobyhanna Township with a service area shown in the Tobyhanna Township Act 537 Plan approved by the Pennsylvania Department of Environmental Protection and a tariff on file with the PUC.
[Added 9-17-2019 by Ord. No. 555]
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT USER
(1) 
A principal executive officer of at least the level of vice president if the significant user is a corporation;
(2) 
A general partner or proprietor if the significant user is a partnership or proprietorship, respectively; or
(3) 
A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates, or any governmental entity within the Township. The signature must conform to requirements set forth in 40 CFR 403.12(1).
BOARD OF SUPERVISORS
The Board of Supervisors of the Township.
BOD (DENOTES "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen, expressed in ppm by weight, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C., expressed in terms of weight and concentration (milligrams per liter). The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, Inc.
BUILDING SEWER
The sewage drainage system from a building constructed on any improved property to the company service lateral serving such improved property, including any customer service line, grinder pump or pressure sewer or similar apparatus or facilities installed by the Township or the owner and which are located on such improved property.
[Amended 9-17-2019 by Ord. No. 555]
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or pretreatment standards.
COMMERCIAL ESTABLISHMENT
Any room, group of rooms, building or enclosure, or group thereof, connected, directly or indirectly, to the sewer system and used or intended for use in the operation of a business enterprise for the sale and distribution of any product, commodity, article or service, which maintains separate toilet, sink or other plumbing facilities in the room or group of rooms utilized for such business enterprise.
COMMONWEALTH
The Commonwealth of Pennsylvania.
COMPANY SERVICE LATERAL
Aqua's pipe or line extending laterally out from Aqua's collection main that connects the building service line at the hypothetical or actual curbline, edge of the right-of-way or the actual property line.
[Added 9-17-2019 by Ord. No. 555]
COOLING WATER
The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
CUSTOMER
A person, at least 18 years of age, or entity who is an owner, occupant or who contracts with Aqua for or who takes or receives wastewater collection, treatment and/or disposal service. Also referred to herein as a "user" and includes significant users.
[Added 9-17-2019 by Ord. No. 555]
CUSTOMER SERVICE LINE
The connecting facilities from Aqua's sewage lines or mains at the curbline into and within the customer's premises.
[Added 9-17-2019 by Ord. No. 555]
DWELLING UNIT
Any room, group of rooms, house trailer, apartment, condominium, cooperative or other enclosure connected, directly or indirectly, to the sewer system and occupied or intended for occupancy as living quarters by an individual, a single family or other discrete group of persons, excluding institutional dormitories.
EDUCATIONAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system and used or intended for use, in whole or in part, for educational purposes, including both public and private schools or colleges.
EPA
The Environmental Protection Agency of the United States of America.
EQUIVALENT DWELLING UNIT OR EDU
The unit of measure by which the user charge and the tapping fee shall be imposed upon each improved property, as determined in this article or in any subsequent ordinance of the Township, which shall be deemed to constitute the estimated, equivalent amount of sanitary sewage discharged by a typical single-family dwelling unit.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis, with no regard to the flow in the waste stream and without consideration of time.
GREASE
A material composed primarily of fatty matter from animal or vegetable sources or from hydrocarbons of petroleum origins. The terms "oil and grease" or "oil and grease substances" shall be deemed as grease by definition.
[Added 6-10-2002 by Ord. No. 425]
GREASE INTERCEPTOR
A device so constructed as to separate and trap or hold oil and grease substances from the sewage discharged from a facility in order to keep oil and grease substances from entering the sanitary sewer collection system. Under-the-sink grease interceptors shall not be construed as meeting the grease interceptor definition in this chapter.
[Added 6-10-2002 by Ord. No. 425]
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
IMPROVED PROPERTY
Any property upon which there is located 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, which is located within the sewered area and is subject to the mandatory connection provisions of this article.
INDIRECT DISCHARGES
The discharge or the introduction of pollutants into the sewer system, including holding tank waste discharged into the sewer system as outlined in 40 CFR 403.31(g) and Sections 307(b), (c) and (d) of the Act.
INDUSTRIAL ESTABLISHMENT
Any improved property used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property from which wastes, in addition to or other than sanitary sewage, shall or may be discharged. Industrial establishments shall include those industries or commercial activities which rely on water usage itself as a primary source of income, and includes, without limitation, laundromats and car washes.
[Amended 10-30-1998 by Ord. No. 401]
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment, and/or any wastewater having characteristics which may have the potential to be detrimental to the treatment plant, other than sanitary sewage.
INSTITUTIONAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system, including institutional dormitories and school buildings, which do not constitute a commercial establishment, a dwelling unit or an industrial establishment.
INTERFERENCE
The inhabitation or disruption of the treatment plant treatment processes or operations or its sludge operations which contributes to a violation of any requirement of the Township's NPDES permit. The term includes prevention of sewage sludge use, sludge processes or disposal by the treatment plant in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the treatment plant.
LATERAL
That part of the sewer system extending from a sewer to the curbline, or if there is no curbline, to the property line, or if no such extension is provided, then "lateral" shall mean that portion of, or place in, a sewer that is provided for connection of any building sewer.
MULTIPLE-USE IMPROVED PROPERTY
Any improved property upon which there shall exist any combination of a dwelling unit, commercial establishment, industrial establishment, educational establishment or institutional establishment.
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 131 and 40 CFR Chapter I, Subchapter N, or 40 CFR Parts 401 through 471), which applies to a specific industry.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT OR NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NITROGEN AMMONIA (NH3-N)
The quantity of ammonia nitrogen expressed in terms of weight and concentration (milligrams per liter) as nitrogen and determined by an analytical method outlined in 40 CFR Part 136.
NITROGEN, TOTAL KJELDAHL (TKN)
The quantity of total Kjeldahl nitrogen (TKN) expressed in terms of weight and concentration (milligrams per liter) as nitrogen and determined by an analytical method outlined in 40 CFR Part 136.
OWNER
Any person vested with title, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity, including municipalities, municipality authorities, school districts and other units of government.
PH
The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in grams per liter of solution, indicating the degree of acidity or alkalinity of a substance.
PHOSPHATE (PO4 AS P)
The quantity of phosphate ion (PO4) expressed in terms of weight and concentration (milligrams per liter) as phosphorus and determined by an analytical method outlined in 40 CFR Part 136.
POLLUTANT
Any dredged soil, 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 and agricultural waste discharged into water.
PPM
Parts per million parts water, by weight.
PRETREATMENT OR TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into a sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes, or by other means, except as prohibited by 40 CFR 4.03.6(d).
PUC
Pennsylvania Public Utility Commission.
[Added 9-17-2019 by Ord. No. 555]
SANITARY SEWAGE
Normal water-carried household and toilet wastes, including greywater, from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for collection of sanitary sewage and/or industrial wastes.
SEWERED AREA
That geographic area of the Township in and about the Village of Blakeslee served or to be served by the sewer system, as determined and designated, from time to time, by the Board of Supervisors of the Township. For purposes of this article, "sewered area" shall not include Tobyhanna Sewer District No. 1, which shall be governed under separate Articles VIII and IX of this chapter.
[Amended 3-10-2014 by Ord. No. 513]
SEWER SYSTEM
All facilities, at any particular time, acquired, constructed, operated and/or owned by Aqua for collecting, pumping, transporting, treating and/or disposing of sanitary sewage and/or industrial wastes in the Township, other than a building sewer or customer service line. For purposes of this article, "sewer system" shall not include Tobyhanna Township Sewer District No. 1 which shall be governed under separate Articles VIII and IX of this chapter.
[Amended 9-17-2019 by Ord. No. 555]
SIGNIFICANT USER
Any nonresidential user of the sewer system who:
(1) 
Has a wastewater flow of 25,000 gallons or more per average work day;
(2) 
Has a flow greater than 5% of the total flow in the sewer system;
(3) 
Has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act or Pennsylvania statutes and rules; or
(4) 
Is found by the Township, the DEP or the EPA to have significant impact, either singly or in combination with other users, on the treatment plant, the quality of sludge, the sewer system's effluent quality or air emissions generated by the sewer system.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget 1972.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
STREET
Includes any street, road, lane, court, cul-de-sac, alley, public way or public square, including such streets as are dedicated to public use, and such streets as are owned by private persons.
SUSPENDED SOLIDS
The total suspended matter expressed in terms of weight and concentration (milligrams per liter) that floats on the surface or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering.
TAPPING FEE
A fee against the owner of any improved property in the area served by the sewer system which actually connects to or is required to be connected pursuant to the mandatory connection provisions of this article or any other ordinance then in effect requiring such connection to the sewer system.
TARIFF
Aqua's tariff on file with the PUC, as same shall be supplemented or amended from time to time. In the event of any conflict between Aqua's tariff and this article, Aqua's tariff shall control. This article shall not be deemed to limit any of Aqua's rights, powers or duties contained in Aqua's tariff.
[Added 9-17-2019 by Ord. No. 555]
TOTAL PHOSPHORUS AS P
Total phosphorus as determined pursuant to the procedure set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, Inc.
TOTAL SOLIDS
Solids determined by evaporating at 103° C. a mixed sample of wastewater as determined pursuant to the procedure set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, Inc. Total solids include floating solids, suspended solids, settleable solids and dissolved solids, as defined below:
(1) 
SUSPENDED SOLIDS- Solids determined by standard laboratory procedure in the waste.
(2) 
SETTLEABLE SOLIDS- Solids that settle in an imhoff cone from a standard sample of waste.
(3) 
DISSOLVED SOLIDS- Solids that are dissolved in the waste and cannot be removed by filtration but can be determined by evaporation.
TOWNSHIP
The Township of Tobyhanna, Monroe County, Pennsylvania, a political subdivision of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of Clean Water Act Section 307(a) or other acts.
TREATMENT PLANT
The wastewater treatment and disposal system facilities to be acquired and constructed by this Township, together with all appurtenant facilities and properties, and together with any additions, improvements, enlargements and/or modifications thereto from time to time acquired or constructed.
USER
Any person who contributes, causes or permits the contribution of wastewater into the sewer system or the treatment plant from an improved property.
USER CHARGE
The quarterly rental or charge imposed by the Township hereunder, as amended from time to time, against the owner of each improved property, for the use or availability of use of the sewer system.
WASTEWATER
The liquid- and water-carried industrial wastes or sanitary sewage from a dwelling unit, commercial establishment, institutional establishment, industrial establishment and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the treatment plant.
B. 
The following abbreviations shall have the designated meanings:
CFR
Code of Federal Regulations
CWA
Clean Water Act
DEP
Pennsylvania Department of Environmental Protection
EPA
United States Environmental Protection Agency
l
Liter
mg
Milligrams
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
O & M
Operation and maintenance
SIC
Standard Industrial Classification
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TKN
Total Kjeldahl Nitrogen
TSS
Total Suspended Solids
A. 
Connection.
(1) 
The owner of any improved property located in the sewered area and which is adjoining and adjacent to the sewer system shall connect such improved property with and use such sewer system, in such manner as this Township may require, within 60 days after notice to such owner from this Township to make such connection, for the purpose of discharging all wastewater from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.
(2) 
Notwithstanding the provisions of Subsection A(1), this Township shall not require any commercial establishment or industrial establishment to connect to the sewer system when such commercial establishment or industrial establishment is operating a sanitary sewage treatment plant under mandate of any agency of the federal or state government. This exemption shall last as long as such sanitary sewage treatment plant continues to meet the specifications and standards mandated by such federal or state agency and for 45 days thereafter. If, during the days immediately subsequent to the day a business's sanitary sewage treatment plant is determined to be below federal or state mandates, repairs cannot be made to bring the private sewage treatment system back up to satisfactory condition, this Township may require such business to connect to the sewer system. In such case, the full costs of connection to, and any necessary refurbishing of, the sewer system shall be borne by such business.
(3) 
The exemption provided for in Subsection A(2) shall not be available in any situation where the business seeking to use it had notice, either actual or constructive, prior to construction of its sanitary sewage treatment plant, of the intention of a third party or Aqua to construct a sanitary sewer system and the Township's requirement that the business connect thereto.
[Amended 9-17-2019 by Ord. No. 555]
B. 
All wastewater from any improved property, after connection of such improved property with a sewer as required under Subsection A, shall be conducted into such sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by Aqua from time to time.
[Amended 9-17-2019 by Ord. No. 555]
C. 
No person shall place, shall deposit or shall permit to be placed or to be deposited upon any public or private property within this Township any wastewater in violation of Subsection A.
D. 
No person shall discharge or shall permit to be discharged to any natural outlet within this Township any wastewater in violation of Subsection A, except where suitable treatment has been provided that is satisfactory to this Township.
E. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon an improved property that has been connected to a sewer or that is required under Subsection A to be connected to a sewer. 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 shall be filled with a noncompatible material (e.g., sand), at the expense of the owner of such improved property, 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, not 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.
F. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected to a sewer.
G. 
No new connections to a sewer system will be permitted unless there is sufficient capacity, as determined by Aqua, and verified by the Township through a "will serve" letter, to adequately convey and treat the wastewater which the new connection will contribute.
[Amended 9-17-2019 by Ord. No. 555[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection G, regarding notice of connections, and redesignated former Subsections H and I as Subsections G and H, respectively.
H. 
Aqua shall have the right, at any time upon written notice, to inspect any and all existing connections to Aqua's sanitary sewer system. Additionally, no stormwater from pavements, areaways, roof runoff water, foundation drains, subsurface drains, water from springs, cooling water, sump pumps, downspouts, unpolluted industrial or commercial process water or other sources shall be connected to any companies' service lateral, customer service line, building sewer or building drain which is discharging into Aqua's public sanitary sewer system.
[Added 12-8-2008 by Ord. No. 477; amended 9-17-2019 by Ord. No. 555[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection J, regarding a pump-and-haul program, added 12-8-2008 by Ord. No. 477, which immediately followed this subsection.
[Amended 9-17-2019 by Ord. No. 555]
A. 
No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining written permission from Aqua.
B. 
Application for a connection permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C. 
No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
(1) 
Such person shall have notified Aqua of the desire and intention to connect such improved property to a sewer;
(2) 
Such person shall have "will serve" letter from Aqua and supplied a copy to the Township;
(3) 
Such person shall have complied with Aqua's tariff; and
(4) 
Such person shall have obtained from the Township all necessary building permits for such connections and shall have complied with all of the requirements associated therewith.
D. 
Each improved property shall be connected to a sewer in accordance with Aqua's tariff.
E. 
All costs and expenses of acquisition, construction, operation and maintenance of a building sewer and of the customer service line serving any improved property shall be borne by the owner of the improved property served thereby, unless otherwise provided by Aqua. Installation of a company service lateral to connect any improved property shall be in accordance with Aqua's tariff. All costs and expenses of acquiring, installing, operating and maintaining a grinder pump or similar apparatus shall be borne by the owner of the improved property so connected, unless otherwise provided by Aqua. Each such owner shall indemnify and shall save harmless this Township and Aqua from all loss or damage that may be occasioned, directly or indirectly, as a result of construction, connection, operation or use of a building sewer or of a customer service line.
F. 
A building sewer and appropriate customer service line shall be connected to a sewer at the location designated by Aqua. If Aqua furnishes the customer service line, the building sewer shall be connected to the sewer at the location designated by Aqua. The owner of each improved property shall provide Aqua any information requested pertaining to the existing or proposed location of a building sewer and of the customer service line.
G. 
Where an improved property, at the time a connection to a sewer is permitted by Aqua, and is currently being served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as the building sewer to the company service lateral and the sewer, in the manner provided by Aqua. The sewage disposal system or sewage disposal device shall be abandoned following Pennsylvania Department of Environmental Protection regulations.
H. 
Every excavation for a building sewer or for a lateral shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other property disturbed in the course of installation of such facilities shall be restored at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Township.
[1]
Editor's Note: Former § 113-38, Tapping fees, as amended, was repealed 9-17-2019 by Ord. No. 555.
[1]
Editor's Note: Former § 113-39, User charges, as amended, was repealed 9-17-2019 by Ord. No. 555.
A. 
No person shall discharge or shall cause to be discharged into the sewer system any stormwater, surface water springwater, groundwater, roof runoff, subsurface drainage, building foundation drainage, cellar drainage or drainage from roof leader connections.
B. 
Except as otherwise provided, no person shall discharge or cause to be discharged into the sewer system the following:
(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 to 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) by more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, hydrides and sulfides, and any other substance determined by the DEP or the EPA to be a fire or explosion hazard or a hazard to the system.
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the treatment plant, such as, but not limited to, grease, garbage with particles greater than one-half-inch in any dimension, animal guts/tissues/manure/bones/hair/hides, spent lime, rock or rock dust, metal, glass, glass grindings, straw, shavings, grass clippings, rags, spent grains, wastepaper, wood, plastics, tar, asphalt-residues, residues from refining or processing of fuel or lubricating oil, mud, polishing wastes, fur, ashes, incinerator residue, dredged spoil, solid waste, construction materials, sand, cellar dirt, feathers, wax, cinders or medical waste.
(3) 
Requirements for grease, oil and sand interceptors.
[Amended 6-10-2002 by Ord. No. 425]
(a) 
Waste discharge requirements. Waste which contains grease may be discharged into the sanitary sewer collection system only under the conditions of this section. When grease-containing materials are processed through garbage grinders, the waste from said garbage grinders shall be directed to the grease interceptor. Toilets, urinals, and other similar fixtures shall not discharge through the grease interceptor unless specifically approved, in writing, by the Township. All waste shall enter the grease interceptor through the inlet pipe only.
(b) 
Design. Grease interceptors shall be constructed in accordance with the design(s) approved by the Township and shall have a minimum of two compartments with fittings designed for grease retention. Other grease removal devices or technologies not meeting the grease interceptor definition in this chapter shall be subject to the written approval of the Township. Such approval shall be based on demonstrated removal efficiencies of the proposed technology. Under-the-sink grease interceptors shall not be approved. There shall be an adequate number of access points for cleaning all areas of the grease interceptor. Covers shall be gas-tight in construction. In areas where additional weight loads may exist, the grease interceptor shall be designed to have adequate load-bearing capacity.
(c) 
Location. Each grease interceptor shall be so installed and connected that it shall be at all times easily accessible for inspection, cleaning and removal of the intercepted grease. A grease interceptor may not be installed in any part of a building where food is handled. Location of the grease interceptor shall meet the approval of the Township.
(d) 
Grease interceptor size. Each food service facility shall be served by an approved grease interceptor(s). Food courts shall be considered a single facility for the purpose of this chapter.
[1] 
The grease interceptor capacity for food service facilities with seating or beds (including restaurants, cafeterias, hospitals, schools, institutions, care facilities, clubs, bars and dance halls) shall be calculated according to the formula:
Size = TOR x CUF x 2.5 x SC
Where
Size = Total volume (in gallons) of the grease interceptor.
TOR = Turnover rate which averages two meals (place settings) per table per hour.
CUF = Categorical use factor.
2.5 = The average water (in gallons) used per place setting.
SC = Seating capacity in subject facility (or bed usage for care facilities).
[2] 
The grease interceptor capacity for food service facilities without seating or beds (including deli stores with meat cutting, super markets with meat cutting, bakeries and butcher shops) shall be calculated according to the formula:
Size = HO x CUF x 10
Where
Size = Total volume (in gallons) of the grease interceptor.
HO = Number of hours of operation per day.
CUF = Categorical use factor.
[3] 
All grease interceptors shall have a capacity of not less than 750 gallons nor exceed a capacity of 3,000 gallons. If the size calculated using the formulas of this chapter exceed 3,000 gallons, then multiple units installed in parallel shall be used.
(e) 
Determination of grease interceptor size. Food service categories were devised based on the type of kitchen facilities in use and the type of facility.
[1] 
Category A. This category is for restaurants/cafeterias.
[a] 
Full or limited service with the capability to serve or prepare one hundred or more meals per day.
[b] 
Plumbing fixtures: pot sinks, two or three compartment sinks, hand sinks, mop sinks, floor sinks and one dishwasher, all connected or to be connected to the grease interceptor.
[c] 
Equipment: a minimum of one grill or one fryer and one to three ovens.
[d] 
Formula: 2.0 x CUF x 2.5 x seating
CUF = 1.0; 2.0 x 1.0 x 2.5 x seating
[2] 
Category A-1. Same criteria as the previous category with the following additions listed:
[a] 
Plumbing fixtures: garbage grinder connected to the grease interceptor.
[b] 
Equipment: same as Category A.
[c] 
Formula: 2.0 x CUF x 2.5 x seating
CUF = 1.25; 2.0 x 1.25 x 2.5 x seating
[3] 
Category A-2. Same criteria as Category A-1 with the following additions and differences listed:
[a] 
Plumbing fixtures: for each additional garbage grinder and dishwasher there will be a factor of .25 added to the categorical use factor (CUF).
[b] 
Equipment: for each additional wok stove, deep fryer and grill there will be a factor of .50 added to the categorical use factor.
[c] 
Formula: 2.0 x CUF x 2.5 x seating
[4] 
Category B. This category is for hospitals, schools, institutions and care facilities.
[a] 
Formula:
[i] 
Hospitals/schools: 2.0 x CUF x 2.5 x bed usage or seating
CUF = 0.75; 2.0 x 0.75 x 2.5 x bed usage or seating
[ii] 
Institutions/care facilities: 2.0 x CUF x 2.5 x bed usage/seating
CUF = 1.0; 2.0 x 1.0 x 2.5 x bed usage/seating
[5] 
Category C. This category is for clubs, bars and dance halls with limited food service facilities.
[a] 
Formula: 0.25 x CUF x 2.5 x seating
CUF = 1.0; 0.25 x 1.0 x 2.5 x seating
NOTE: The formulas for categories A through C will be adjusted by the following when necessary: A value of 0.25 will be added to the categorical use factor for each dishwasher or garbage grinder directed to the grease interceptor above the number of one each and a value of 0.50 will be added to the CUF for each additional deep fryer or grill above the number of one each.
[6] 
Category D.
[a] 
This category encompasses deli stores with meat-cutting facilities, supermarkets with meat-cutting or bakery capabilities, retail and wholesale bakery facilities, and butcher shops.
[i] 
Formula: (hours of operation) x CUF x 10
CUF = 4.0; (hours of operation) x 4.0 x 10
[ii] 
For each of the following conditions a factor of 0.50 is to be added to the CUF value of 4.0 when dealing with meat cutting:
[A] 
More than one floor drain; and
[B] 
Complete cooking of meats.
[b] 
When dealing with retail-type bakeries or supermarkets that have bakery facilities in addition to a deli and/or meat cutting, the bakery shall be sized separately using the same formula as above with the depletion of the 0.50 adjustment for the complete cooking of meats. There is an adjustment of an addition of 1.5 to the CUF when dealing with bakeries that are wholesale only or are of the industrial classification.
[7] 
Category E. This category is for food courts or "common" grease interceptors. Common grease interceptors shall be sized by separating each of the potential contributors by category, then calculating a grease interceptor size for each separate food court tenant, and then combining the calculations to determine the total common grease interceptor size. When seating is shared among several tenants, the seating capacity for each facility shall be calculated by dividing the total number of seats by the number of facilities.
[8] 
Category F. This category is for all other types of food manufacturing. It shall include but not be limited to commissaries, commercial kitchens and caterers. Grease interceptors must be sized on an individual case-by-case basis. Whenever a manufacturing operation is evaluated, it must be noted that a manhole for monitoring purposes will be required in addition to a minimum of a one-thousand-five-hundred-gallon grease interceptor.
[9] 
Category G. This category shall include all apartment complexes or areas of intensified dwelling which are found by the director to be contributing an excessive amount of grease to the sanitary sewer collection system. When such an area is found to be contributing grease in quantities sufficient to cause main line stoppages or necessitate increased maintenance on the sanitary sewer collection system in order to keep main line stoppages from occurring, said user(s) shall be directed to cease discharging grease and/or be required to install a grease interceptor. For grease interceptor sizing, each case shall be evaluated separately.
(f) 
Installation requirements.
[1] 
New facilities.
[a] 
On or after the effective date of the ordinance codified in this chapter[1] all facilities likely to discharge grease, which are newly proposed or constructed, or existing facilities which shall be expanded or renovated to include a food-service facility where such facilities did not previously exist, shall be required to install an approved, properly operated and maintained grease interceptor.
[1]
Editor's Note: This ordinance provided for an effective date of five days after enactment.
[b] 
Sizing calculations shall be in accordance to the formulas listed herein and shall be installed prior to the opening or reopening of said facilities.
[2] 
Existing facilities. On or after the effective date of the ordinance codified in this chapter, all existing food-service facilities shall be required to install an approved, properly operated and maintained grease interceptor when any of the following conditions exist:
[a] 
The facilities are found by Aqua to be contributing grease in quantities sufficient to cause sanitary sewer line stoppages or necessitate increased maintenance on the sanitary sewer collection system in order to keep main line stoppages from occurring.
[Amended 9-17-2019 by Ord. No. 555]
[b] 
Remodeling of the food-preparation or kitchen waste plumbing facilities which are subject to the issuance of any permit. The compliance date under this Subsection B(3)(f)[2] will be determined by the Township.
(g) 
Grease interceptor maintenance.
[1] 
Pumping. All grease interceptors shall be maintained by the user at the user's expense. Maintenance shall include the complete removal of all contents, including floating materials, wastewater, and bottom sludges and solids. Decanting or discharging of removed waste back into the interceptor from which the waste was removed or any other grease interceptor, for the purpose of reducing the volume to be disposed, is prohibited. Any removal and hauling of the collected materials must be performed by Commonwealth-licensed waste disposal firms.
[2] 
Pumping frequency. Grease interceptors must be pumped out completely a minimum of once every three months, or more frequently as needed to prevent carry-over of grease into the sanitary sewer collection system, unless it can be demonstrated to the Township that the pumping frequency can be extended past the three-month period.
[3] 
Disposal of grease interceptor pumpage. All waste removed from each grease interceptor must be disposed of at a facility permitted by the Commonwealth to receive such waste in accordance with the provisions of this chapter. In no way shall the pumpage be returned to any private or public portion of the sanitary sewer collection system or the sewage treatment plants without prior written approval from the director.
[4] 
Additives. Any additive(s) placed into the grease interceptor or building discharge line system on a constant, regular or scheduled basis shall be reported to Aqua. Such additives shall include, but not be limited to, enzymes, commercially available bacteria or other additives designed to absorb, purge, consume, treat or otherwise eliminate grease and oils. The use of additives shall in no way be considered as a substitution to the maintenance procedures required herein.
[Amended 9-17-2019 by Ord. No. 555]
(h) 
Permit requirements.
[Amended 9-17-2019 by Ord. No. 555]
[1] 
Permit.
[a] 
It is unlawful for any facility producing grease to discharge waste into the sewer system without authorization from Aqua. Authorization shall be given in the form of a grease discharge permit. Application for a permit shall be made to Aqua. If, after examining the information contained in the grease discharge permit application, it is determined by Aqua that the proposed discharge does not conflict with the provisions of this chapter or Aqua's tariff and the permit fee is paid, a permit shall be issued allowing the discharge of such wastes into the sanitary sewer collection system.
[b] 
As a condition precedent to the granting of a permit, the permittee under this section will agree to hold harmless Aqua and the Township including its employees from any liabilities arising from the permit holder's operations under this permit.
(i) 
Administrative requirements.
[1] 
Manifest. All pumpage from grease interceptors must be tracked by a manifest which confirms pumping, hauling and disposal of waste. This manifest shall contain the following information:
[a] 
Generator information:
[i] 
Name.
[ii] 
Address.
[iii] 
Volume pumped.
[iv] 
Date and time of pumping.
[v] 
Signature of generator verifying generator information.
[b] 
Transporter information:
[i] 
Company name.
[ii] 
Address.
[iii] 
Driver name and signature verifying transporter information.
[c] 
Receiving facility information:
[i] 
Facility name.
[ii] 
Address.
[iii] 
Date and time of receiving signature verifying receipt of waste.
[d] 
Upon receipt of the waste, the receiving facility shall send one copy of each manifest to Aqua.
[Amended 9-17-2019 by Ord. No. 555]
[2] 
Maintenance log. A log indicating each pumping for the previous 12 months shall be maintained by each facility required to install a grease interceptor. This log shall include the date, time, amount pumped, hauler and disposal site, and shall be kept in a conspicuous location for inspection. Said log shall be made immediately available to any representative of Aqua upon request.
[Amended 9-17-2019 by Ord. No. 555]
[3] 
Reporting. The information required in the maintenance log must be submitted to Aqua annually. The reporting period shall be January 1 through December 31 of each year. The report shall be submitted within 30 days after the end of the reporting period to Aqua.
[Amended 9-17-2019 by Ord. No. 555]
(j) 
Monitoring, inspection and entry.
[1] 
Monitoring. When required for the purposes of this chapter, the user shall provide, operate and maintain, at user's expense, safe and accessible monitoring facilities (such as a suitable manhole) at all times to allow observation, inspection, sampling and flow measurement of the building sewer or internal drainage systems. There shall be ample room in or near such monitoring facility to allow accurate sampling and preparation of samples for analysis. When the physical location and hydraulic conditions are suitable, a manhole or similar facility existing on the sanitary sewer collection system may be utilized as the user's manhole when agreed to by both the user and the Township.
[2] 
Inspection and entry. Authorized personnel of Aqua, bearing proper credentials and identification, shall have the right to enter upon all properties subject to this section, at any reasonable time and without prior notification, for the purpose of inspection, observation, measurement, sampling, testing or record review, in accordance with this section.
[Amended 9-17-2019 by Ord. No. 555]
(k) 
Violation. It is unlawful for any user to discharge into the sanitary sewer collection system in any manner which is in violation of this section or of any condition set forth in this Section.
(4) 
Any wastewater having a pH less than 5.0, unless the sewer system is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the sewer system.
(5) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure, to interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters or the sewer system or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.
(6) 
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(7) 
Any substance which may cause the sewer system's effluent or any other product of the sewer system, 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 sewer system to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, or with any 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.
(8) 
Any substance which will cause the sewer system to violate its NPDES permit or the water quality standards of the receiving water.
(9) 
Any wastewater with an objectionable color not removable in a treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.
(10) 
Any wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the sewer system which exceeds 40° C. (104° F.), unless the treatment plant is designed to accommodate such temperature.
(11) 
Any pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), released at a flow rate and/or pollutant concentration which will cause interference to the sewer system. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed, for any time period longer than 15 minutes, more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.
(12) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Township in compliance with applicable state or federal regulations.
(13) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(14) 
Stormwater, groundwater, roof runoff, area drainage, perimeter drainage, sump pump discharge, subsurface drainage, cooling water, air conditioner condensate drainage, commercial refrigeration condensate drainage or cooling tower discharge.
(15) 
All industrial and commercial waste entering Aqua's collection system shall, at the customer's expense, be studied to determine the degree of pretreatment, if any, necessary in order that the waste will not be harmful or adversely affect the sewer system or the treatment plant or related facilities. Aqua will have the authority to properly control any waste discharge into its sewage system by requlating the rate of any waste discharge into its sewer system by requiring necessary pretreatment, and excluding certain waste, if necessary, to protect the integrity of the sewer system. In general, any waste will be considered harmful to the sewer system if it may cause any of the following damaging effects: 1) chemical reaction either directly or indirectly with the materials of construction of the system in such a manner as to impair the strength or durability of the sewer structures; 2) mechanical action that will destroy the sewer structures; 3) restriction of the hydraulic capacity of the sewer structures; 4) restriction of the normal inspection or maintenance of the sewer structures; 5) danger to public health and safety; or 6) obnoxious condition contrary to public interest. At a minimum, and subject to the foregoing sentence, no user shall contribute toxic pollutants to the sewer system in excess of the following:
[Amended 9-17-2019 by Ord. No. 555]
Parameter
Maximum Concentrations in Milligrams Per Liter From Industrial/Commercial/Institutional Establishments to the Sewer System
Antimony
5.0
Arsenic
0.1
Barium
4.0
Boron
1.0
Cadmium
0.05
Chromium (hexavalent)
0.1
Chromium (trivalent)
1.0
Copper
1.0
Cyanide, total
0.2
Iron
5.0
Lead
0.1
Manganese
1.0
Mercury
0.01
Nickel
1.0
Total phenolics
0.5
Selenium
0.04
Silver
0.1
Tin
3.0
Vanadium
3.0
Zinc
1.0
Total toxic organics
2.13
Any single toxic organic
0.5
(a) 
These are end-of-lateral concentrations in the wastewater stream that exists after all industrial waste and sanitary sewage streams connected to the sewer system have mixed completely. The concentrations represent state-of-the-art for local limits that will assure protection of the wastewater treatment process. The end-of-lateral concentrations are generally lower than categorical pretreatment standards which apply to concentrations measured at the end of the manufacturing process.
(b) 
Where categorical pretreatment standards are available, Section 403.6 of the General Pretreatment Regulations provides a formula for calculation of an alternate value for the specific pollutant concentration limit based on combined waste strength. This formula will be applied to the wastewater stream, including sanitary sewage flows and other applicable flows, to calculate an end-of-lateral concentration. The calculated concentration and the concentration based on local limits will be compared and the lower of the two limits will be applied in the permit for the nonresidential discharge.
(c) 
All wastewater entering the sewer system shall be pretreated to typical domestic levels for compatible pollutants unless otherwise stated, in writing, by Aqua by way of the issuance of a permit. Typical domestic levels for compatible pollutants shall be:
Parameter
Maximum Concentration
(mg/l)
Biochemical oxygen demand (BOD5)
250
Total suspended solids (TSS)
250
Ammonia nitrogen (NH3-N)
25 as N
Phosphorus (total as P)
10 as P
Total Kjeldahl Nitrogen (TKN)
40 as N
Oil and grease
100
(d) 
State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.
(e) 
No significant 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 the limitations contained in the Federal Categorical Pretreatment Standard or with any other pollutant-specific limitation developed by the Township, state or federal agencies.
(f) 
Each customer deemed a significant user 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 significant user's own cost and expense. Detailed plans showing the facilities and operating procedures to provide this protection shall be submitted to the Township and Aqua and shall be approved, in writing, by the Township and Aqua before construction of the facility. All existing significant users shall complete such a plan prior to being issued a permit. No significant user who commences contribution to the sewer system after the effective date of this article shall be permitted to introduce pollutants into the system until his accidental discharge procedures have been approved by Aqua. Review and approval of such plans and operating procedures shall not relieve the significant user from the responsibility to modify his facility, as necessary, to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the significant user to immediately telephone and notify Aqua of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(g) 
Within five days of an accidental discharge, the significant user shall submit to Aqua a detailed written report describing the cause of the discharge and the measures to be taken to mitigate any expense, loss, damage or other liability which may be incurred as a result of damage to the sewer system or aquatic life or any other damage to person or property. Such report shall not relieve the user or significant user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.
(h) 
A notice shall be permanently posted on the significant user's bulletin board or other prominent place advising employees whom to call in the event of excessive and/or dangerous discharge, whether accidental or otherwise. Employers shall ensure that all employees who may cause or suffer such an excessive and/or dangerous discharge to occur are properly advised of the emergency notification procedures.
C. 
Under no circumstances shall any person discharge or cause to be discharged into the sewer system any of the substances listed in Subsection B above without first securing written permission to do so from Aqua. Under no circumstances shall any person discharge or cause to be discharged into the sewer system any of the substances listed in Section G of Aqua's tariff.[2]
[Amended 9-17-2019 by Ord. No. 555]
[2]
Editor's Note: Aqua's tariff is on file with the Pennsylvania Public Utility Commission.
D. 
Upon 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. Aqua shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
[Amended 9-17-2019 by Ord. No. 555]
E. 
No 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 the limitations contained in the Federal Categorical Pretreatment Standards or in any other pollutant-specific limitation developed by the Township or the commonwealth.
F. 
Whenever a person is authorized by Aqua and the appropriate governmental agencies to discharge any polluted water, sanitary sewage or industrial waste containing any of the substances or possessing any of the characteristics referred to in Subsection B or Section G of Aqua's tariff,[3] such discharge shall be subject to the continuing approval, inspection and review of Aqua. If, in the opinion of Aqua, such discharges are causing or will cause damage to the sewer system or are causing or will cause Aqua to be in violation of any agreement or order, Aqua shall order the person causing such discharge to cease doing so forthwith or to take other appropriate action, including exercising the remedies provided herein, to eliminate the harmful discharge. Aqua may recoup the costs for any work, including but not limited to costs of material, labor and supervision necessary to remove and repair any deposit, obstruction or damage caused to the sewer system as a result of the discharge or drainage from any improved property.
[3]
Editor's Note: Aqua's tariff is on file with the Pennsylvania Public Utility Commission.
G. 
(Reserved) [4]
[4]
Editor's Note: Former Subsection G, regarding special arrangements or agreements allowing certain wasterwater discharges, was repealed 9-17-2019 by Ord. No. 555.
H. 
Where necessary or appropriate, in the opinion of Aqua, the owner of an improved property shall provide, at the sole expense of the owner, suitable pretreatment facilities acceptable to Aqua.
[Amended 9-17-2019 by Ord. No. 555]
(1) 
Plans, specifications and any other pertinent information relating to proposed facilities for preliminary treatment and handling of industrial wastes shall be submitted for approval of Aqua. No construction of any such facility shall commence until approval has been obtained, in writing, from Aqua and until approval has been obtained from any and all regulatory bodies having jurisdiction.
(2) 
Such facilities for preliminary treatment and handling of industrial wastes shall be continuously maintained, at the sole expense of the owner, in good operating condition satisfactory to Aqua. Aqua shall have access to such facilities at reasonable times for purposes of inspection and sampling.
[1]
Editor's Note: Former § 113-41, Admission of industrial wastes into sewer system, was repealed 9-17-2019 by Ord. No. 555.
[1]
Editor's Note: Former § 113-42, Miscellaneous provisions, as amended, was repealed 9-17-2019 by Ord. No. 555.