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.
(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 lateral serving such improved property, including any 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.
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.
COOLING WATER
The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
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).
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 the Township for collecting, pumping, transporting, treating and/or disposing of sanitary sewage and/or industrial wastes in the Township, other than a building sewer or a lateral.
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.
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) 
- Solids determined by standard laboratory procedure in the waste.
(2) 
- Solids that settle in an imhoff cone from a standard sample of waste.
(3) 
- 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 this Township's intention to construct a sanitary sewer system and to require that business to connect therewith.
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 this Township, from time to time.
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. 
The notice by this Township to make a connection to a sewer, referred to in Subsection A, shall include a reference to this article, including any amendments and/or supplements at the time in effect, or a summary hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within the time limitations described herein. Such notice may be given or served at any time after a sewer is in place that can receive and can convey wastewater for treatment and disposal from the particular improved property. Such notice shall be by personal service or by registered mail.
H. 
No new connections to the sewer system will be permitted unless there is sufficient capacity, as determined by this Township, to adequately convey and treat the wastewater which the new connection will contribute.
I. 
The Township shall have the right, at any time upon written notice, to inspect any and all existing connections to its sanitary sewer system. Additionally, no sump pumps or downspouts shall be connected to any lateral, building sewer or building drain which is discharging into the Township's public sanitary sewer system. The Township reserves the right to establish by separate resolution, from time to time, inspection fees for lateral connections or unauthorized connections to the Township's sanitary sewer system.
[Added 12-8-2008 by Ord. No. 477]
J. 
Any existing or new proposed subdivision or land developments which propose connection to the Township's sewer system may, on an interim basis, employ a pump-and-haul program, subject to approval by the Township and the Pennsylvania Department of Environmental Protection. Any and all existing or proposed pump-and-haul programs, including any existing or proposed holding tanks, shall provide for conveyance of the wastewater to the Tobyhanna Township wastewater treatment facility, provided there is sufficient capacity as determined by the Township to treat the wastewater effluent.
[Added 12-8-2008 by Ord. No. 477]
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 a permit, in writing, from this Township.
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 the Secretary or other designated representative of this Township of the desire and intention to connect such improved property to a sewer;
(2) 
Such person shall have applied for and shall have obtained a connection permit as required by Subsection A;
(3) 
Such person shall have given the Secretary or other designated representative of this Township at least 48 hours' notice of the time when such connection will be made so that this Township may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing; and
(4) 
If applicable, such person shall have furnished satisfactory evidence to the Secretary or other designated representative of this Township that the tapping fee and any applicable assessment (or installments thereof when due) fee or charge imposed by this Township against the owner of each improved property who connects such improved property to a sewer has been paid.
D. 
Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this Township, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Township.
E. 
All costs and expenses of acquisition, construction, operation and maintenance of a building sewer and of the lateral serving any improved property shall be borne by the owner of the improved property served thereby, unless otherwise provided by this Township. All costs and expenses of connection of a building sewer to a lateral, and connection of a lateral to a sewer, including such costs and expenses of acquiring, installing, operating and maintaining a grinder pump or similar apparatus approved by the Township, shall be borne by the owner of the improved property so connected, unless otherwise provided by this Township. Each such owner shall indemnify and shall save harmless this Township 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 lateral.
F. 
A building sewer and the appropriate lateral shall be connected to a sewer at the location designated by this Township. If this Township furnishes the lateral, the building sewer shall be connected to the sewer at the place where the lateral is located. The owner of each improved property shall provide this Township any information requested pertaining to the existing or proposed location of a building sewer and of the lateral. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made, and the connection of a building sewer, lateral or other designated point of connection shall be made secure and watertight.
G. 
If the owner of any improved property located within the sewered area and which is adjoining and adjacent to or whose principal building is within 150 feet from any part of the sewer system, after 60 days' notice from this Township requiring the connection of such improved property with a sewer, in accordance with § 113-36G, shall fail to connect such improved property and use the sewer system, as required, this Township may enter upon such improved property and construct such connection. This Township shall send an itemized bill of the cost of construction to the owner of the improved property to which connection has been made, which bill shall be payable immediately. If such owner fails to pay such bill, this Township shall file a municipal lien for the cost of the construction within six months of the date of completion of the connection.
H. 
Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device and shall be required to connect to the sewer system pursuant to § 113-36A, 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 lateral and the sewer, in the manner approved by this Township.
I. 
No building sewer or lateral constructed by the owner shall be covered until it has been inspected and approved by this Township. If any part of a building sewer or lateral is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.
J. 
Every building sewer and every lateral serving any improved property shall be operated and maintained by the owner of such improved property in a sanitary and safe operating condition to the continuing satisfaction of this Township.
K. 
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.
L. 
If any person shall fail or shall refuse, upon receipt of a written notice of this Township, to remedy any unsatisfactory condition with respect to a building sewer or with respect to a lateral, within 60 days of receipt of such notice, this Township may refuse to permit such person to discharge wastewater into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Township. In the event of a condition with respect to said facilities which threatens health or property, this Township may specify a lesser time or other manner of notice of such condition.
A. 
A tapping fee is hereby imposed against the owner of any improved property to be served by the sewer system which actually connects or is required to be connected to the sewer system pursuant to § 113-36A hereof.
B. 
Calculation.
[Amended 10-30-1998 by Ord. No. 401]
(1) 
The tapping fee, as set from time to time by resolution of the Board of Supervisors, hereafter payable by the owner of an improved property shall be the product of the applicable charge (based on the date of payment) times the number of equivalent dwelling units constituting such improved property.
[Amended 6-21-1999 by Ord. No. 411]
(2) 
The minimum tapping fee applicable to any improved property served by the sewer system shall be $5,800 times one equivalent dwelling unit. To this minimum tapping fee shall be added the applicable charge for each additional equivalent dwelling unit that is determined at any time to be applicable to such improved property. In the event that an improved property or use thereof (including number of occupants) changes in a manner that causes the number of equivalent dwelling units applicable to such improved property calculated hereunder to increase, an additional tapping fee based on such additional equivalent dwelling units shall be immediately due and payable.
[Amended 5-14-2007 by Ord. No. 459]
C. 
The tapping fee shall be due and payable the earlier of the time application is made to the Township to make connection to the sewer system, as provided in § 113-37 hereof, or, if applicable, the date when the Township shall connect any such improved property to the sewer system, at the cost and expense of the owner, when such owner shall have failed to make such connection pursuant to § 113-37G, or in the case of properties to be connected following initial construction of the sewer system, the date which is 60 days after the date of issuance by the Township of the written notice to connect. Owners of an improved property paying the applicable tapping fee in advance of making such application to connect or in such time period by the specified date may pay the lesser amount set forth in Subsection B, item (2) of the table. Owners of an improved property which is attributed an additional number of equivalent dwelling units, as defined by the Township user charge structure herein, shall pay a corresponding additional tapping fee at the time of being attributed with the new EDU computation.
D. 
Calculation and itemization of the maximum lawful tapping fee is attached hereto as Exhibit A[1] and made a part hereof.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
E. 
All tapping fees shall be payable to the Secretary of the Township or to such other officer or representative of the Township as shall be authorized, from time to time, by the Township, to accept payment thereof.
F. 
Payment of tapping fees imposed by the Township pursuant to this article shall be enforced by the Township in any manner appropriate under laws at the time in effect.
A. 
A user charge is hereby imposed upon the owner of each improved property which is or shall be connected to the sewer system, for use of the sewer system, whether such use is direct or indirect, and for services rendered by the Township in connection therewith, and shall be payable as provided herein. At the discretion of the Township, such user charge may be imposed upon the owner of an improved property who fails or refuses improperly to connect such improved property to the sewer system, as compensation for the availability of service by the Township in connection with the sewer system.
B. 
The user charge shall be payable by the owner of each improved property commencing the earlier of the date of actual, physical connection of an improved property to the sewer system or 60 days from the date of issuance of the notice to connect described in § 113-36; or such other date established by the Township for commencement of the payment of the user charge.
C. 
Each improved property shall be charged the user charge as a specific amount per equivalent dwelling unit applicable to such improved property, as determined by the Township from time to time. The number of equivalent dwelling units applicable to each improved property shall be generally in accordance with the tables set forth below; however, any existing or proposed use of improved property which does not match any of the descriptions set forth below shall be charged in accordance with the most similar use, or combination of uses, as described in the tables below.
[Amended 10-30-1998 by Ord. No. 401; 12-8-2008 by Ord. No. 477]
Description of Improved Property
Number of EDUs Per Unit of Measurement
Single-family dwelling (year-round or seasonal)
1
Two-family dwelling
2
Trailer and mobile home
1
Apartment house, per rental unit
1
Hotel, motel, rooming house per 5 rental rooms or fraction thereof
1
Restaurant, club, tavern, per 60 seats or fraction thereof per seats per banquet room:
1
40 seats or less
1
Each additional 20 seats or fraction thereof
1
Restaurant, club, tavern, open 24 hours a day:
For each 15 seats or fraction thereof, an additional
1/2
Service station, automobile repair, garage:
2 bays or less
1
For bays, 3 and 4 each
1/2
Each additional 3 bays or any part of 3
1
Each additional 4 bays or any part of 4
1
Bays 11 through 16 or part thereof
1
Bays 16 through 22 or part thereof
1
Bays 22 through 40 or part thereof
1
Bays over 40 or part thereof
1
New car dealers:
10 or less employees
1
Each additional 5 employees or fraction thereof
1/2
Automated car wash, each bay
1
Self-service car wash, each bay
1
Barber or beauty shop, not attached to owner's residence:
4 chairs or less
1
Each additional 2 chairs or fraction thereof
1/2
Barber or beauty shop attached to and forming a part of the owner's residence:
5 chairs or less
1
Each additional 5 chairs or fraction thereof
1/2
Laundromat:
First 6 washers or fraction thereof
3
Next 6 washers or fraction thereof
3/4
Everything over 12 washers
1/2
Dry cleaner, with water cooling tower:
Minimum of
1
With laundry, additional per washer
1
Dry cleaner, without water cooling tower:
Minimum of
2
With laundry, additional per washer
1
Laundry, minimum of
2
Stall market:
6 or fewer individual stalls or sales spaces not involving preparation or sale of prepared foods
1
Each additional 3 stalls or fraction Thereof
1/4
Per each individual stall or sales space involving preparation or sale of prepared foods, but no seats
1
Nursing home, rest home, hospital: Per each 3 beds
1
Retail store, office or business not attached to owner's residence and all nonresidential classifications above, in addition to prescribed units, with the exception of service station, automobile repair and garages:
15 or fewer employees
1
Each additional 5 employees or fraction thereof
1/2
Any other nonresidential facility not specifically covered by other section or this subsection:
15 or fewer employees
1
Each additional 5 employees or fraction thereof
1/2
Any nonresidential user having garbage grinder of 3/4 horsepower or more per each grinder
1
Church:
For worship services, church school
1
For nonsectarian school
Per school rate herein
For banquets or dinners at rate of more than 3 per calender quarter
1
Post office
1
School, public or private:
Toilet facilities only, per 25 pupils
1
Toilet facilities and kitchen, per 19 pupils
1
Toilet facilities and gymnasium, per 17 pupils
1
Toilet facilities, kitchen and gymnasium, per 14 pupils
1
(1) 
The number of equivalent dwelling units applicable to commercial establishments and industrial establishments shall be computed on the basis of the average daily number of full and part-time employees [including the owner(s) or employer(s)] for the calendar quarter preceding the date of the quarterly billing. The owners of such facilities shall be responsible for advising the Township, in writing, of the number of employees upon connection to the sewer system and, from time to time, upon request of the Township. The number of equivalent dwelling units applicable to educational and institutional establishments shall be computed on the highest monthly average daily attendance of occupants, pupils, faculty, administrators and staff during the 12 months preceding the date of the quarterly billing. The owners of such facilities shall be responsible for advising the Township, in writing, of the number of pupils, faculty, administrators and staff in attendance as an average daily figure, from time to time, upon request of the Township.
(2) 
Notwithstanding anything to the contrary, exclusive of stall markets, no owner of an improved property shall be assessed less than at least one equivalent dwelling unit for the purposes of calculating the applicable user charge, tapping fee or assessment fee under Ordinance No. 382.[1]
[1]
Editor's Note: Said Ordinance No. 382, regarding sewer project assessment fees, is included as Article VI of this chapter.
(3) 
If the use or classification of any improved property changes within a billing period, the user charge for such billing period may be prorated by the Township, in the Township's discretion. The owner of the improved property shall be responsible for advising the Township, in writing, of any such change affecting the user charge payable hereunder. The appropriate credit or additional charge shall appear on the statement for the next succeeding billing period.
(4) 
The quarterly flat user charge payable per equivalent dwelling unit shall be set effective January 1, 2009, by separate resolution of the Tobyhanna Township Board of Supervisors and may be amended from time to time after that date by separate resolution. Additionally, for all nonresidential establishments or users, any usage in excess of 23,000 gallons per quarter, per equivalent dwelling unit, shall be charged an additional sum per gallon for each gallon used above 23,000 gallons per quarter, per equivalent dwelling unit threshold, by separate resolution of the Tobyhanna Township Board of Supervisors on or after January 1, 2009.
[Amended 12-8-2008 by Ord. No. 477]
(5) 
At the exclusive discretion of the Township, any residential user who remits full payment of the entire annual user charge to the Township no later than 30 days from the date of said bill may deduct from said annual user charge the sum of 5% of the total amount of said bill as a discount in recognition of the advanced payment of the entire yearly balance.
D. 
All additional charges beyond the flat-rate user charges for any improved property as set forth in Subsection C for all nonresidential establishments and users shall be determined on a metered-rate basis calculated according to the metered volume of potable water used by the improved property and adjusted, if appropriate, by the Township. The Township shall own, maintain and install all meters used to establish the metered-rate basis; except in those situations where the buildings and/or structures upon the improved property have been destroyed by fire, natural causes or other reasons, the user shall be responsible for the replacement costs of any and all meters used to establish the metered-rate basis. Due to limitations inherent in the meters in the measuring of the actual gallons consumed by any improved property, for the purposes of billing, all meter readings shall be rounded upward to the nearest hundred-gallon measurement.
[Amended 10-30-1998 by Ord. No. 401; 12-8-2008 by Ord. No. 477]
E. 
In the case of a multiple-use improved property sharing a common connection to the sewer system or a common structure, each such classification of improved property shall be assessed a separate EDU user charge based upon the requirements of this article. For example, a multitenant residential structure containing multiple apartments shall be assessed an EDU user charge for each apartment. Similarly, a lot which contains multiple individual users shall be assessed an EDU user charge for each separate and distinct use as if they were each housed in a separate structure and had a direct and separate connection to the sewer system.
[Amended 12-8-2008 by Ord. No. 477]
F. 
The owner of any improved property discharging wastewater into the sewer system shall furnish to the Township, including by way of the application for permit described in this article all information deemed essential or appropriate by the Township for the determination of all applicable user charges and surcharges. The costs of obtaining such information shall be borne by such owner of the improved property. In the event of the failure of the owner to provide adequate information, the Township shall estimate the applicable user charge and surcharges based upon available information, until such time as adequate information is received. There shall be no rebate of past payments if the owner's refusal to provide such information results in overpayment.
G. 
Nothing herein contained shall be deemed to prohibit this Township from entering into separate or special agreements with owners of improved property or other persons with respect to the user charge or surcharge to be imposed in those cases where, due to special or unusual circumstances, the user charge set forth herein shall be deemed by this Township, in its sole discretion, to be inequitable or where it is in the best interests of this Township to do so.
H. 
User charges and surcharges, as applicable, shall be payable on a quarterly basis, on the first day of the first month of each quarter, and shall cover a billing period consisting of the immediately preceding quarter. Owners of improved property that shall be first connected to the sewer system during any quarterly period shall pay a prorated user charge for service for the balance of the quarterly period, plus any applicable surcharges.
I. 
Payments of user charges and any applicable surcharges shall be due and payable upon the applicable billing date, at the office of the Township, in the appropriate amount, computed in accordance with this article, which shall constitute the net bill. If any user charge or any applicable surcharge is not paid within 30 calendar days after the applicable billing date, an additional sum of 10% 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-calendar-day period shall constitute payment within such period. If the end of such thirty-calendar-day period shall fall on a legal holiday or on a Sunday, then payment made on or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such period. Any and all payments received on account of delinquent accounts shall be applied first to the oldest outstanding gross bill, including any accumulated late fee.
J. 
It shall be the responsibility of each owner of an improved property to provide the Township with, and thereafter keep the Township continuously advised of, the correct mailing address of such owner. Failure of any owner to receive a bill for charges due and payable 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.
K. 
No officer or employee of the Township is authorized to reduce, vary or exempt charges imposed herein or other provisions of this article without official action by the Board of Supervisors of this Township. Every owner of improved property shall remain liable for the payment of user charges and surcharges until the later of the receipt by the Township of written notice by such owner that the property has been sold, containing the correct name and mailing address of the new owner or the date on which title to the improved property is transferred to a new owner. Failure to provide notice renders an owner continuously liable for any charges that may accrue until such time as the Township has been properly notified of any change in ownership as described above.
L. 
All user charges and tapping fees collected by the Township hereunder shall be used for the purposes of acquisition, construction, operation, maintenance, replacement and extension of the sewer system or for the purpose of paying debt incurred in connection with the sewer system.
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 the Township 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.
[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 the Township. 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.
(h) 
Permit requirements.
[1] 
Permit.
[a] 
It is unlawful for any facility producing grease to discharge waste into the sanitary sewer collection system without authorization from the Township. Authorization shall be given in the form of a grease discharge permit. Application for a permit shall be made to the Township. If, after examining the information contained in the grease discharge permit application, it is determined by the Township that the proposed discharge does not conflict with the provisions of this chapter and the permit fee is paid, a permit shall be issued allowing the discharge of such wastes into the sanitary sewer collection system. Each grease discharge permit shall be issued for a time not longer than five years from the date of the permit. The user shall apply for permit reissuance a minimum of 90 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 as identified in this chapter are modified or other just causes exist. The user shall be informed of any proposed changes in the issued permit at least 30 days prior to the effective date of the change(s). Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
[b] 
As a condition precedent to the granting of a permit, the permittee under this section will agree to hold harmless the Township and the Township's employees from any liabilities arising from the permit holder's operations under this permit.
[2] 
Fees.
[a] 
Permit fees. Fees for grease discharge permits shall be set by the Township, by resolution duly enacted by the Board of Supervisors. The fees shall be established to insure full cost recovery and shall include but not be limited to the cost of field, administrative, engineering and clerical expenses involved. The fees shall be not less than $50 per year for each permit. The annual permit fee shall be applied to the permittee's January sewer service bill and be paid in accordance to the schedule set forth in the billing document.
[b] 
User fee. Every food service facility which does not have an approved grease interceptor or other approved grease removal system shall be subject to an annual user fee which covers the costs associated with grease removal expenses incurred by the Township. The costs shall be based upon the Township's previous fiscal year expenditures associated with removal and treatment of grease originating from food service facilities which is discharged to the sewer system. The annual cost shall be divided evenly among the months of the year, and the subsequent fee shall be applied to the sewer service bill on a quarterly frequency. The cost shall be determined by the Township annually, and may be set by resolution duly enacted by the Board of Supervisors.
(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 the Township.
[2] 
Maintenance log. A log indicating each pumping for the previous twelve 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 the Township upon request.
[3] 
Reporting. The information required in the maintenance log must be submitted to the Township annually. The reporting period shall be January 1 through December 31 of each year. The report shall be submitted within thirty days after the end of the reporting period to the Township.
(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 the Township, 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.
(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 wastewater entering the Township's collection system shall be pretreated to typical domestic levels unless otherwise stated, in writing, by the Township by way of an industrial user permit. In addition, no user shall contribute toxic pollutants to the sewer system in excess of the following:
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 the Township 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 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 facilities and operating procedures to provide this protection shall be submitted to the Township and shall be approved, in writing, by the Township 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 the Township. 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 the Township of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(g) 
Within five days following an accidental discharge, the significant user shall submit to the Township 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 the Township.
D. 
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.
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 the Township 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, such discharge shall be subject to the continuing approval, inspection and review of the Township. If, in the opinion of the Township, such discharges are causing or will cause damage to the sewer system or are causing or will cause the Township to be in violation of any agreement or order, the Township 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. The Township reserves the right to 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.
G. 
Nothing contained herein shall be construed as prohibiting any special agreement or arrangement between the Township and the owner of an improved property or other person allowing wastewater of unusual strength or character to be admitted into the sewer system and specially treated, subject to any payments or user charges, surcharges and other charges as may be acceptable to this Township.
H. 
Where necessary or appropriate, in the opinion of the Township, the owner of an improved property shall provide, at the sole expense of the owner, suitable pretreatment facilities acceptable to the Township.
(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 the Township. No construction of any such facility shall commence until approval has been obtained, in writing, from the Township 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 the Township. The Township shall have access to such facilities at reasonable times for purposes of inspection and sampling.
A. 
In the absence of a permit from the Township, it shall be unlawful to discharge to the sewer system any wastewater except as authorized, in writing, by the Township in accordance with the provisions of this article.
B. 
All users proposing to connect to and contribute to the sewer system shall obtain a user permit from the Township before connecting to or contributing to the sewer system. Application forms are available from the Township.
(1) 
There shall be two classes of user permits:
(a) 
For residential, commercial and public service; and
(b) 
For service to institutional and industrial establishments producing industrial wastes or waste otherwise prohibited or controlled by this article.
(2) 
In either case, the owner or his agent shall make application on forms furnished by the Township. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Township. A permit and inspection fee for a residential, commercial or public user permit and for an institutional or industrial user permit shall be paid to the Township at the time the application is filed. All user permit applications shall be reviewed and approved, in writing, by the Township prior to permit issuance. Permit and inspection fees for user permits shall be in such amounts as may be established from time to time by the Township.
(3) 
The Township may:
(a) 
Impose conditions in any user permit for compliance with monitoring and reporting requirements and compliance with pollutant limitations, which conditions are deemed necessary by the Township to ensure continued compliance with pretreatment standards and requirements.
(b) 
Modify existing permits to respond to changes in institutional or industrial discharges to alleviate problems at the treatment plant, to meet water quality standards or to incorporate National Categorical Pretreatment Standards and requirements.
(c) 
Prohibit the transfer of user permits when an industry or institution is acquired by a new owner.
(d) 
Revoke user permits to ensure against violations of permit conditions.
(4) 
The Township shall require a user of sewer services to provide information needed to determine compliance with this article or other applicable local, state or federal laws, rules or regulations. These requirements may include:
(a) 
Wastewater discharge peak rate and volume records over a specified time period.
(b) 
Information on raw materials, processes and products affecting wastewater volume and quality.
(c) 
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
(d) 
A plot plan of sewers on the user's property showing sewer facility locations and all proposed sewer connections to these facilities.
(e) 
Details of systems to prevent stormwater from entering municipal sewers.
(5) 
The costs of providing this information shall be borne by the user of the sewer services in addition to other charges and sewer rentals.
(6) 
All measurements, tests and analyses of the characteristics of waters and wastewaters to which reference is made in this article shall be determined in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
(7) 
The user shall be responsible for submitting all applicable county, regional, state or federal permits or planning documents required for approval of sewer connection.
C. 
All significant users proposing to connect to or contribute to the sewer system shall obtain a significant user permit before connecting to or contributing to the sewer system. Whenever a user becomes subject to a new National Categorical Pretreatment Standard but has not previously submitted an application for a significant user permit as required by Section 4.2.2, the user shall apply for a significant user permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard.
D. 
Significant user permit.
(1) 
A user or significant user required to obtain a significant user permit shall complete and file with the Township an application, in the form prescribed by the Township, accompanied by the required fee. In support of the application, the significant user shall submit in units and terms appropriate for evaluation the following information:
(a) 
Name, address and location of the facility (if it is different from the address).
(b) 
Standard industrial classification number, according to the Standard Industrial Classification Manual, Bureau of the Budget 1972, as amended.
(c) 
Wastewater constituents and characteristics, including but not limited to those mentioned in § 113-36 of this article, shall be determined by a reliable analytical laboratory in compliance with 40 CFR 403.12(1); sampling and analyses 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 three-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.
(f) 
Site plans, floor plans, mechanical and plumbing plans and details to show all drains, vent pipes, sinks, sumps, sewers, sewer connections and appurtenances by their size, locations and elevation.
(g) 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(h) 
The nature and concentration of any pollutants in the discharge which are limited by any Township, state or federal pretreatment standards; and a statement 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 significant 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 significant user will provide such additional pretreatment. The completion data in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this 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 facilities required for the significant user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing permits for major components, commencing construction, completing construction, etc.).
[2] 
No increment referred to in Subsection D(1)(i)[1] shall exceed nine months.
[3] 
No later than 14 days following each date in the schedule and the final date for compliance, the significant 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 significant user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(j) 
Each product produced by type, amount, process or processes, and rate of production.
(k) 
Type and amount of raw material processed (average and maximum per day).
(l) 
Number and type of employees, the hours of plant operation and proposed or actual hours of pretreatment system operation.
(m) 
Any other information as may be deemed by the Township to be necessary to evaluate the permit application.
(2) 
The Township will evaluate the data furnished by the significant user and may require additional information. After evaluation and acceptance of the data furnished, the Township may issue a significant user permit subject to terms and conditions provided herein.
E. 
Upon the promulgation of a National Categorical Pretreatment Standard, the significant user permit of significant users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard.
F. 
Significant user permits shall be expressly subject to provisions of this article and all other applicable regulations, user charges and fees established by the Township. Permits may contain the following:
(1) 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a sewer.
(2) 
Limits on the average and maximum wastewater constituents and characteristics.
(3) 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(4) 
Requirements for installation and maintenance of inspection and sampling facilities.
(5) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
(6) 
Compliance schedules.
(7) 
Requirements for submission of technical reports or discharge reports (see Section 4.3.7).
(8) 
Requirements for maintaining and retaining plant records relating to wastewater discharge, which shall be for a period of three years (minimum) or, in the case of unresolved litigation, a minimum of three years from the termination or settlement of said litigation.
(9) 
Requirements for notification of the 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 sewer system.
(10) 
Requirements for notification of slug discharges herein.
(11) 
Other conditions as deemed necessary by the Township to ensure compliance with this article.
G. 
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. A significant user shall apply for permit reissuance a minimum of 180 days prior to the expiration of his significant user's existing permit. The terms and conditions of his permit may be subject to modification by the Township during the term of the permit, as limitations or requirements as identified in § 113-36 are modified or other just cause exists. A significant user shall be informed of any proposed changes in this 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.
H. 
Significant user permits are issued to a specific significant user for a specific operation. A significant user permit shall not be reassigned, transferred or sold to a new owner, new significant user, different premises or a new or changed operation without the written approval of the Township. Any succeeding owner shall also comply with the terms and conditions of the existing permit.
I. 
Reports.
(1) 
Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewer system, any significant user subject to pretreatment standards and requirements shall submit to the Township a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis, and if not, what additional O & M and/or pretreatment is necessary to bring the significant user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the significant user and certified by a qualified professional engineer registered in the commonwealth.
(2) 
Periodic compliance reports.
(a) 
Every significant user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge to the sewer system shall submit to the Township during the months of June and December, unless required more frequently in the pretreatment standards or by the Township, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flow which, during the reporting period, exceeded the average daily flow allowed in the permit. At the discretion of the Township in consideration of such factors as local high- or low-flow rates, holiday, budget cycles, etc., the Township may agree to alter the months during which the above reports are to be submitted.
(b) 
The Township may impose mass limitations on significant users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection I(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where requested by the Township of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act, and contained in 40 CFR Part 136 and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
(c) 
All periodic compliance reports must be signed by an authorized representative of the significant user and certified by a qualified professional.
J. 
The Township shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Township, through its representatives, ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or in the performance of any of his duties. The Township, the DEP and the EPA shall have the right to set up on a user's or significant user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user or significant user has security measures in force which require proper identification and clearance before entry into his premises, the user or significant user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the Township, the DEP and the EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.
K. 
Users and significant users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any equipment or facilities required to pretreat wastewater to a level acceptable to the Township shall be provided, operated and maintained at the user's expense. 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 review of such plans and operating procedures will in no way relieve a user from the responsibility of modifying his facility as necessary to produce an effluent acceptable to the Township under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Township prior to the user's or significant user's initiation of the changes.
(1) 
Annually, the Township may publish in a newspaper of general circulation in the Township a list of the users and significant users who failed to comply with pretreatment requirements or standards at least once during the previous 12 months. The notification also shall summarize any enforcement actions taken by the Township against these users and significant users during the same 12 months.
(2) 
All records relating to compliance with pretreatment standards shall be made available to officials of the Township, DEP, EPA or approval authority upon request.
L. 
Information and data on a user or significant user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agencies without restriction unless the user or significant user specifically requests and is able to demonstrate to the satisfaction of the Township that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user or significant user. When requested by the person furnishing a report, those portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available, upon written request, to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal permit and/or the pretreatment programs provided. Any such portions of a report shall also be available for use by the state or any state agency in judicial review or enforcement proceeding involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
M. 
Whenever the Township finds that any user or significant user has violated or is violating this article, his user permit or significant user permit or any prohibition or limitation of requirements contained herein, the 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 the Township by the user or significant user.
N. 
The Township may suspend a user permit or a significant user permit whenever such suspension is necessary in the opinion of the 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 or to the environment, or which may cause interference to the sewer system, or which may cause the Township to violate any condition of its NPDES permit. Any person notified of a suspension of this permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Township shall take steps as deemed necessary to prevent or minimize damage to the sewer system or endangerment to any individuals. The Township shall reinstate the permit upon proof of the elimination of the noncomplying discharge by the user or significant user, payment of any damages, fines, penalties or costs associated with the discharge and the submission of a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
O. 
Any user or significant user is subject to revocation of a permit granted hereunder for violation of applicable state and federal regulations or by reason of the commission of any of the following acts:
(1) 
Failure to report factually on discharge wastewater constituents and characteristics.
(2) 
Failure to report significant changes in operations or wastewater constituents and characteristics.
(3) 
Refusal to permit reasonable access to the premises for inspection and monitoring.
(4) 
Violation of the conditions of the permit.
A. 
The Township shall have the right of access, at all reasonable times, following reasonable notice to the applicable person(s), to any part of any improved property as necessary for purposes of inspection, observation, measurement, sampling and testing and for performance of other functions relating to service rendered by the Township.
B. 
The owner of any improved property, upon direction of the Township, shall acquire, install, own and operate, at such owner's sole cost and expense, a grinder pump or similar apparatus satisfactory to the Township in the manner and at the location directed by the Township. Such grinder pump shall be installed at the time such improved property is connected to the sewer system and shall be subject to inspection and approval, together with the remainder of the building sewer.
C. 
The owner of any improved property shall be held liable for all acts of tenants or other occupants of such improved property, as may be permitted by law, insofar as such acts shall be governed by the provisions of this article.
D. 
Any person who violates this article shall be subject, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not more than $1,000, together with costs of prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such.
E. 
Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.
F. 
The Township may adopt, from time to time, such additional rules and regulations, by resolution duly enacted, as it shall deem necessary and proper in connection with the use and operation of the sewer system, which rules and regulations shall be, shall become and shall be construed as part of this article, including, without limitation, the following categories of rules and regulations:
[Amended 1-18-2000 by Ord. No. 414]
(1) 
Conditions under which a deposit must be paid prior to connection of service and the conditions under which the deposit may be billed to the customer after connection.
(2) 
Conditions under which an increased deposit may be required based on prior late payments or nonpayments.
(3) 
Conditions under which a customer may make a standing deposit which may be transferred to accounts at different locations.
(4) 
Procedures for estimating bills and back-billing in the case of meter malfunction, damage or obstruction, use of a stolen meter or straight line connection or other unavailability of a meter reading, based on estimated quantities and in accordance with the fee schedule set forth in the Township Code.
(5) 
Number of delinquent payments until warning letter is sent.
(6) 
Number of delinquent payments until municipal lien is filed.
(7) 
Rules setting billing cycles, including procedures for mailing bills, the timing thereof and the setting of due dates and delinquency dates, including procedures for the mailing of delinquent notices or notices of termination of service and notice of procedures available to dispute bills.
(8) 
Procedures for hearing customer disputes relating to billing.
(9) 
Procedures for termination of service based on any provision of this article.
(10) 
Procedures for restoration of service after termination.
(11) 
Procedures for the application of payments to fees, charges and balances and for the application of the account deposit and for final billing.
(12) 
Conditions for the deferment of bills prior to termination and procedures for the application for deferments.
(13) 
Conditions for adjustments of bills and procedures for the application for adjustments.
(14) 
Conditions under which sewer service will be disconnected based on any provision of this article and procedures for notice thereof.
(15) 
Rules relating to forms of payment such as cash, check or certified funds.
(16) 
Rules regarding the filing of sewer liens and the assessment of interest and/or attorneys' fees.
[Added 12-8-2008 by Ord. No. 477]
(17) 
Regulations pertaining to the capping off of unused sewer lines to improve property, inspection fees for capping a line and regulations for establishing a reduced user charge for properties which are disconnected from the sewage system or whose lines have been capped due to businesses or structures which have been destroyed by fire, natural causes or other reasons.
[Added 12-8-2008 by Ord. No. 477]
(18) 
Rules and regulations for the reservation of undedicated sewage capacity.
[Added 12-8-2008 by Ord. No. 477]
G. 
It is declared that enactment of this article is necessary for the protection, benefit and preservation of health, safety and welfare of the inhabitants of this Township.[1]
[1]
Editor's Note: The determination of tapping fees, Exhibit A, which immediately followed, is on file in the Township offices.
H. 
This Article V shall not apply to Tobyhanna Sewer District No. 1. The Tobyhanna Sewer District No. 1 shall be governed and regulated under separate Articles VIII and IX of this chapter, and in accordance with the September 30, 2013, Intergovernmental Sewage Collection and Disposal Services Agreement with Pocono Township and the December 18, 2013, Intermunicipal Sewage Service Area Agreement with Pocono Township and the Brodhead Creek Regional Authority.
[Added 3-10-2014 by Ord. No. 513]