Township of Maidencreek, PA Wastewater Pretreatment

This article sets forth uniform standards for direct and indirect contributors into the wastewater collection and treatment system for Maidencreek Township and enables the Township and Authority to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403).

(2)

The objectives of this article are:

(a)

To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(b)

To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

(c)

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

(d)

To provide for equitable distribution of the cost of the municipal wastewater system.

(3)

This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(4)

This article shall apply to Maidencreek Township and to persons outside the Township who are, by contract or agreement with the Authority, users of the Authority's POTW. Except as otherwise provided herein, the Maidencreek Township Authority shall administer and implement the provisions of this article. Enforcement of this article shall be the responsibility of either the Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, Maidencreek Township, the Maidencreek Township Authority, or all.

Definitions. Unless specifically indicated otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 12151 et seq.

APPROVAL AUTHORITY

The Director in an NPDES state with an approved state pretreatment program and the Administrator of EPA in a non-NPDES state or NPDES without an approved state pretreatment program.

AUTHORITY

The Maidencreek Township Authority, a Pennsylvania municipality authority.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

An authorized representative of an industrial user may be:

(1)

A principal executive officer of at least the level of vice president, if the industrial user is a corporation;

(2)

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or

(3)

A duly authorized representative of the individual designated above if this representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BUILDING SEWER

A sewer system conveying wastewater from the premises of a user to the POTW.

CATEGORICAL STANDARDS

National categorical pretreatment standards or pretreatment standard.

COMMERCIAL ESTABLISHMENT

Any improved property used, in whole or in part, for sale and distribution of any product, commodity, article, or service.

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.

DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

The Pennsylvania Department of Environmental Protection.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

DOMESTIC CONSUMER UNIT

Any room, group of rooms, or enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by a person living alone.

DOMESTIC SEWAGE

The normal water-carried household and toilet wastes from a domestic consumer unit, commercial establishment, institutional establishment, or industrial establishment.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The U.S. Environmental Protection Agency.

EQUIVALENT DOMESTIC CONSUMER UNIT

Volume not in excess of 12,500 gallons per calendar quarter of standard strength domestic sewage or industrial wastes, based upon water consumption, or adjusted water consumption or metered sewage, whichever of these methods is applicable for the determination of volume, as provided in this article.

EXISTING SEWER SYSTEM

The Authority's existing sewage collection system and related facilities.

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.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, pretreatment holding tanks, and vacuum-pump tank trucks.

IMPROVED PROPERTY

Any property connected to and served by the sewer system upon which there is erected a structure intended for continuous or periodic habitation, occupancy, or use by human beings or animals and from which structure domestic sewage or industrial waste is or may be discharged.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).

INDUSTRIAL ESTABLISHMENT

Any improved property used, in whole or in part, for manufacturing, growing, processing, cleaning, laundering, or assembling any product, commodity or article.

INDUSTRIAL USER

A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INDUSTRIAL WASTES

Any solid, liquid or gaseous substance or form of energy ejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from domestic sewage.

INSTITUTIONAL ESTABLISHMENT

Any improved property not constituting a commercial establishment, domestic consumer unit, or industrial establishment which is used by any group of persons not constituting a separate entity.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(1)

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

(2)

Therefore is a cause of a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

LARGE CONSUMER

A person whose consumption of water is in excess of 15,000 gallons per calendar quarter in the case of a domestic consumer unit, and any commercial establishment, institutional establishment or industrial establishment, regardless of water consumption.

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. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM 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.

NEW SOURCE

Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to this source if these standards are thereafter promulgated in accordance with that section, provided that:

(1)

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(2)

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(3)

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

PPM

Parts per million by weight.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or 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 these pollutants into a POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, or process changes other means, except as prohibited by 40 CFR Section 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

PROJECT

The undertakings necessary in connection with the acquisition and construction of additions, extensions, alterations and improvements to the existing sewer system, including construction of sewage collection, interceptor and treatment facilities, in accordance with plans and specifications presently in force or in accordance with approved changes, modifications, or alterations of these plans or specifications.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Authority. This definition includes any sewers that convey wastewater to the POTW treatment plant. "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Township who are, by contract or agreement with the Authority, users of the Authority's POTW.

SEWER

Any collecting sewer as of any particular time, forming a part of the sewer system.

SEWER SYSTEM

All facilities, as of any particular time, for collecting, transporting, treating, and/or disposal of sewage and wastes, including the existing sewer system, and the sewage collection and treatment system and all appurtenant and related facilities about to be constructed by the Authority for operation and use.

SIGNIFICANT INDUSTRIAL USER

Any industrial user of the Authority's wastewater disposal system who:

(1)

Has a discharge flow of 25,000 gallons or more per average work day; or

(2)

Has a flow greater than 5% of the flow in the Authority's wastewater treatment system; or

(3)

Has in wastes toxic pollutants as defined pursuant to Section 396 of the Act or (state) statutes and rules; or

(4)

Is found by the Township, Authority, the Pennsylvania Department of Environmental Protection (DEP), or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the 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.

STATE

The Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The person designated by the Authority to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or a duly authorized representative.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids and which is removable by laboratory filtering.

TOTAL SOLIDS

Solids determined by evaporating at 100° C. of a mixed sample of wastewater. Total solids include floating solids, suspended solids, settleable solids, and dissolved solids.

(1)

SUSPENDED SOLIDSSolids determined by standard lab procedure in the waste.

(2)

SETTLEABLE SOLIDSSolids that settle in an imhoff cone from a standard sample of waste.

(3)

DISSOLVED SOLIDSSolids that are dissolved in the waste and cannot be settled, but can be determined by evaporation.

TOWNSHIP

The Township of Maidencreek, Berks County, Pennsylvania, a Pennsylvania municipality, acting by and through its Board of Supervisors, 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 Environmental Protection Agency under the provisions of CWA 307(a) or other Acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into the Authority's POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER CONTRIBUTION PERMIT

As set forth in § 170-11B of this article.

WATERS OF THE COMMONWEALTH

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the commonwealth or any portion thereof.

Word usage. "Shall" is mandatory; "may" is permissive.

Abbreviations. The following abbreviations shall have the designated meanings:

	BOD	Biochemical Oxygen Demand
	CFR	Code of Federal Regulations
	COD	Chemical Oxygen Demand
	DEP	Department of Environmental Protection
	EPA	Environmental Protection Agency
	l	Liter
	mg	Milligrams
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	POTW	Publicly Owned Treatment Works
	SIC	Standard Industrial Classification
	SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
	USC	United States Code
	TSS	Total Suspended Solids

§ 170-8 Regulations.

General discharge prohibitions.

(1)

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all users of a POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

(a)

Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operations of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, and any other substances which the Township, the Authority, the state, DEP, or EPA has notified the user is a fire hazard or a hazard to the system.

(b)

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, mushrooms, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

(c)

Any wastewater having a pH less than 5.0, unless the POTW is specifically designed to accommodate this wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.

(d)

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, 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.

(e)

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.

(f)

Any substance which may cause the POTW's effluent or any other product of the POTW 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 POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.

(g)

Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

(h)

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(i)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. (104° F.) unless the POTW treatment plant is designed to accommodate the temperature.

(j)

Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a User knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities 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.

(k)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

(l)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(2)

When the Superintendent determines that a user(s) is contributing to the POTW any of the above enumerated substances in amounts as to interfere with the operation of the POTW, the Superintendent shall:

(a)

Advise the user(s) of the impact of the contribution on the POTW; and

(b)

Develop effluent limitation(s) for the user to correct the interference with the POTW.

Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR Section 402.12.

Modification of federal categorical pretreatment standards. Where the Authority's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Authority may apply for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, General Pretreatment Regulations for Existing and New Sources of Pollution, promulgated pursuant to the Act. The Authority may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the Approval Authority is obtained.

Specific pollutant limitations.

[Amended 3-14-1989 by Ord. No. 109]

(1)

No person shall discharge wastewater containing in excess of the following concentrations unless in possession of a valid permit containing a variance approved by the Maidencreek Township Authority. If the Authority does approve a variance for a conventional pollutant such as BOD₅, suspended solids, and total dissolved solids, ammonia-nitrogen, and phosphorus, the industrial discharger shall be subject to a surcharge at the discretion of the Authority.

(a)

A daily average of not more than 300 mg/l of total suspended solids, 200 mg/l of BOD₅, 500 mg/l of dissolved solids or 800 mg/l of total solids.

	Limit Not to be Exceeded Sans Variance	Maximum Daily Concentration Not To Be Exceeded
Suspended solids	300	500
BOD₅	200	3,000
TDS (total dissolved solids)	500	3,000

(b)

20 mg/l of ammonia-nitrogen: 100 mg/l of ammonia as N;

(c)

25 mg/l of phosphorus total as P: 100 mg/l of phosphorus as P.

(2)

Total dissolved solids in the influent or the effluent shall not exceed the 1,000 mg/l imposed in the Delaware River Basin by the Delaware River Basin Commission.

(3)

The following limitations may only be exceeded by approval through the Authority's variance procedure to the extent of the poundage in the effluent determined by PRELIM, the EPA Computer Program.

(a)

500 mg/l as alkalinity (total as CaCO₃).

(b)

0.5 mg/l for zinc.

(c)

2.0 mg/l as chromuim, total.

(d)

0.09 mg/l for hexavalent chromium.

(e)

0.5 mg/l for nickel.

(f)

0.5 mg/l for copper.

(g)

200 mg/l for chlorides.

(h)

0.5 mg/l for cadmium.

(i)

150 mg/l for color (Pt. Co. Units).

(j)

5.0 mg/l for iron.

(k)

1.0 mg/l for lead.

(l)

0.2 mg/l for mercury.

(m)

0.1 mg/l for selenium.

(n)

pH with limits between 6.0 to 9.0.

(o)

1.0 mg/l for silver.

(p)

100 mg/l for oil and grease.

(4)

The Authority may authorize variances for the discharge of concentrations in excess of those listed below, provided the total industrial contribution in the effluent in pounds per day will not exceed the following:

	Parameter	Pounds/Day
	Cadmium	0.98
	Chromium	0.95
	Copper	0.17
	Cyanide	2.08
	Lead	1.83
	Nickel	0.42
	Zinc	0.43

(5)

Should new industrial establishments wish to discharge to the Maidencreek sewer system, the PRELIM program must be used to determine limitations for all discharges unless the total volume did not increase substantially. In this case, the effluent poundages of the various parameters as indicated in this section will be reapportioned among all dischargers.

(6)

If any existing discharger desires to increase the volume and hence the poundages of parameters in its discharge, it must notify the Authority 60 calendar days prior to the proposed date of the increase to allow the Authority time to determine if this increase would permit continued compliance with the local limits and be acceptable.

(7)

The Authority must also be notified 60 calendar days in advance when any industrial user wishes to change the point of discharge to the sewer system. This is of special importance to the industrial user subject to the categorical requirements as established by EPA.

Commonwealth requirements. Commonwealth requirements and limitations on discharges shall apply in any case where they are more stringent than federal regulations and limitations or those in this article.

Right of revision. The Township, the Authority, DEP, and EPA reserve the right to establish by statute, regulation, ordinance, or resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 170-7A of this article.

Excessive discharge. 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 Authority, the state, DEP, or EPA.

Accidental discharges.

(1)

Each 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 owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Authority for review, and shall be approved by the Authority before construction of the facility. No user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental procedures have been approved by the Authority. Review and approval of these plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

(2)

Written notice. Within five days following an accidental discharge, the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. This notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

(3)

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer a dangerous discharge to occur are advised of the emergency notification procedure.

§ 170-9 Fees.

Purpose. It is the purpose of this section to provide for the recovery of costs from users of the Authority's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth on the Authority's Schedule of Charges and Fees.

Charges and fees.

(1)

The Authority may adopt charges and fees which may include:

(a)

Fees for reimbursement of costs of setting up and operating the Township's and the Authority's pretreatment program;

(b)

Fees for monitoring, inspections, and surveillance procedures;

(c)

Fees for reviewing accidental discharge procedures and construction;

(d)

Fees for permit applications;

(e)

Fees for filing appeals;

(f)

Fees for consistent removal of pollutants otherwise subject to federal pretreatment standards;

(g)

Other tests as the Authority may deem necessary to carry out the requirements contained herein.

(2)

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Authority.

§ 170-10 Administration.

Wastewater dischargers. It shall be unlawful to discharge without a permit to any natural outlet within the Township, or in any area under the Authority's jurisdiction, and/or to the POTW any wastewater except as authorized by the Superintendent in accordance with the provisions of this article.

Wastewater contribution permits.

(1)

General permits. All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this article.

(2)

Permit application.

(a)

Users required to obtain a wastewater contribution permit shall complete and file with the Authority an application in the form prescribed by the Authority, and accompanied by a fee as shall be set from time to time by resolution of the Board of Supersvisors. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:[1]

[1]

Name, address, and location (if different from the address);

[2]

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

[3]

Wastewater constituents and characteristics, including but not limited to those mentioned in § 170-8 of this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;

[4]

Time and duration of contribution;

[5]

Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

[6]

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation;

[7]

Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged;

[8]

Where known, the nature and concentration of any pollutants in the discharge which are limited by any Township, Authority, 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 user to meet applicable pretreatment standards;

[9]

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide the additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

[a]

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

[b]

No increment referred to in Subsection B(2)(a)[1][a] shall exceed nine months.

[c]

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on this date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between these progress reports to the Superintendent.

[10]

Each product produced by type, amount, process or processes and rate of production;

[11]

Type and amount of raw materials processed (average and maximum per day);

[12]

Number and type of employees, and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system; and

[13]

Any other information as may be deemed by the Authority to be necessary to evaluate the permit application.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(b)

The Authority will evaluate the data furnished by the User and may require additional information. After evaluation and acceptance of the data furnished, the Authority may issue a wastewater contribution permit subject to terms and conditions provided therein.

(3)

Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to these standards shall be revised to require compliance with these standards within the time frame prescribed by the standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by Subsection B(2), the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by Subsection B(2)(a)[8] and [9].

(4)

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges, and fees established by the Authority. Permits may contain the following:

(a)

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

(b)

Limits on the average and maximum wastewater constituents and characteristics;

(c)

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

(d)

Requirements for installation and maintenance of inspection and sampling facilities;

(e)

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(f)

Compliance schedules;

(g)

Requirements for submission of technical reports or discharge reports as per Subsection C;

(h)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Authority, and affording Authority access thereto;

(i)

Requirements for notification of the Authority or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

(j)

Requirements for notification of slug discharges as per § 170-8H; and

(k)

Other conditions as deemed appropriate by the Authority to ensure compliance with this article.

(5)

Permits duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 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 Authority during the term of the permit as limitations or requirements as identified in § 170-8 are modified or other just cause exists. The user shall be informed of any proposed changes in the 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.

(6)

Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Authority. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

Reporting requirements for permittee.

(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 POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by these pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a current basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.

(2)

Periodic compliance reports.

(a)

Any user subject to a pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by the pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in § 170-10B(2)(a)[5]. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.

(b)

The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection C(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, 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 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.

Monitoring facilities.

(1)

The Authority shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Authority may, when a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(2)

There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(3)

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Authority's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Authority.

Inspection and sampling. The Authority 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 Authority or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The Authority, DEP, or EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Authority, DEP, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

Pretreatment.

(1)

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 facilities required to pretreat wastewater to a level acceptable to the Authority 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 Authority for review, and shall be acceptable to the Authority before construction of the facility. The review of these plans and the operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Authority prior to the user's initiation of the changes.

(2)

The Authority shall annually publish in a newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

(3)

All records relating to compliance with pretreatment standards shall be made available to officials of DEP or EPA upon request.

Confidential information.

(1)

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Authority that the release of the information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.

(2)

When requested by the person furnishing a report, the 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 system permit and/or the pretreatment programs, provided, however, that portions of a report shall be available for use by the state or any state agency, DEP, or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(3)

Information accepted by the Authority as confidential shall not be transmitted to any governmental agency or to the general public by the Authority until and unless a ten-day notification is given to the user.

§ 170-11 Sewer rentals or charges.

Annual sewer rentals or charges fixed and imposed shall be collected from the owner of each improved property, for use of the sewer system, whether such use shall be direct or indirect, which sewer rentals or charges shall commence and shall be effective as to those improved properties now or hereafter connected to the existing sewer system as of the date of the first connection of an improved property to the facilities contemplated by the project, and as to improved properties to be connected to the facilities contemplated by the project as of the date of connection of each such improved property to the sewer system and shall be a charge, payable quarterly, as hereinafter provided.

§ 170-12 Amount and manner of computation of sewer rentals or charges.

Sewer rentals or charges for domestic sewage of domestic consumer units. The sewer rental or charge for each domestic consumer unit (other than large consumers) shall be determined by the Authority. Each domestic consumer unit in a double house, in a row of connecting houses or in an apartment building shall be billed as and considered as a separate entity.

Sewer rentals or charges for industrial wastes and domestic sewage of large consumers. The sewer rental or charge for industrial wastes and domestic sewage of large consumers shall be determined by the Authority. The consumption of water, as determined by water meter readings, or adjusted water consumption or sewer meter reading, in gallons per quarter annum period, whichever shall be applicable for computing these sewer rentals or charges, shall be divided by 12,500 to obtain the number of equivalent domestic consumer units; provided, however, that less than 12,500 gallons during any one-quarter annum period shall constitute one full equivalent domestic consumer unit. The basic sewer rental or charge shall be computed by multiplying the number of equivalent domestic consumer units for such quarter annum period by the rate set by the Authority.

Additional sewer rentals or charges for industrial wastes. Industrial wastes may be stronger and more difficult to treat than domestic sewage. Therefore, the Authority reserves the right to impose a strength of waste surcharge, from time to time, as deemed necessary. These additional sewer rentals or charges shall not be paid in lieu of implementing any pretreatment.

Methods of measuring volume of industrial wastes:

(1)

Whenever a person purchasing all water used from a municipal or other public source shall discharge only industrial wastes to the sewer system, the volume of water purchased shall be used as a measure of the quantity of industrial wastes so discharged.

(2)

Whenever a person purchasing all water used from a municipal or other public source shall discharge combined domestic sewage and industrial wastes to the sewer system, the volume of water purchased chargeable as industrial wastes shall be the total volume of water purchased, less the volume of water determined to be domestic sewage. The volume of water determined to be domestic sewage shall be determined, at the option of the Authority in either of the following ways:

(a)

Actual measured flow; or

(b)

By multiplying the average number of employees in the establishment during the calendar quarter annum preceding the time of billing by 2,250 gallons.

(3)

Whenever a person purchasing water from a municipal or public source and discharging industrial wastes to the sewer system also shall discharge unpolluted cooling water either to a separate storm sewer or to some other outlet, an allowance in the nature of a credit for the volume of water so otherwise discharged shall be made in computing the sewer rentals or charges. The person so discharging cooling water at its own expense shall install a meter or meters, as necessary, to indicate accurately the volume of water claimed as a credit in making the allowance.

(4)

Whenever a person using a private water supply shall discharge industrial wastes to the sewer system, the person shall install, at its own expense, either a water meter or meters on the source or sources of supply, as may be required to measure the total volume of water used, which total volume of water used shall be subject to adjustment as provided in this section, or a sewer meter or meters on the sewer line leaving the improved property so as to measure the entire volume of domestic sewage and/or industrial wastes discharged to the sewer system, which volume shall be subject to adjustment as provided in § 170-13.

Measurement of concentration of industrial wastes:

(1)

The Authority may require of the person owning any improved property from which industrial wastes are discharged the collection and analysis of samples of industrial wastes for use as a basis of determining additional sewer rentals or charges, if any, as provided for in this section. Such collection and analysis shall be made by a competent registered engineer acceptable to and approved by the Authority. Costs of such collection and analysis shall be paid by the person owning the improved property.

(2)

The analysis of samples obtained shall be made in accordance with the latest edition of the Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association.

Facilities to be provided. When required by the Authority, the owner of any improved property discharging industrial wastes to the sewer system shall install a suitable control manhole in the sewer service line serving the improved property to facilitate observation, sampling and measurement of such industrial wastes. This manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Authority. The manhole shall be installed by the owner, at its own expense, and shall be maintained by the owner so as to be safe and accessible at all times.

Access. The Authority or its duly authorized representative or representatives, at all reasonable times, shall be permitted to enter upon any improved property for the purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this article. Moreover, upon request, the Authority shall be furnished with copies of records regarding sampling and monitoring activities over a three-year period prior to the date of inspection.

Changes in type of industrial wastes. Any person whose improved property is connected to the sewer system and who is discharging industrial wastes thereinto, and who shall propose to change methods of operation so as to alter the type of industrial wastes then being discharged, shall notify the Authority, in writing, at least 15 days previous to the change so that the Authority may sample the industrial wastes immediately after the change takes place to make determinations provided for or required by this article.

Meters required. When any person shall connect an improved property to the sewer system, the person, at its own expense, shall have installed, if such then shall not be installed, a water meter or meters or a sewer meter or meters as shall be required or permitted under the terms of this article for the purpose of making possible the determination of sewer rentals or charges under provisions of this article.

Exclusion from sewer system of certain water. Exclusion from the sewer system of noncontaminated wastewaters and waters used solely for cooling purposes may be required by this article or the exclusion may be optional with any person if not required by the Authority.

Authority may make additions and changes. Additional classifications and sewer rentals and charges or modifications and sewer rentals and charges may be adopted and promulgated by the Authority, from time to time, as shall be deemed necessary.

Power to deny or condition new or increased contributions of pollutants. The Authority reserves the power to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the Authority by industrial users where these contributions do not meet applicable pretreatment standards and requirements or where these contributions would cause the Authority to violate its NPDES permit.

Require compliance. The Township, the Authority, DEP, or EPA shall require compliance with applicable pretreatment standards and requirements by industrial users. Moreover, the discharge of any wastes that would interfere with the Authority's sewage treatment system or pass through its receiving stream is prohibited.

Control through permits, contracts, etc. to ensure compliance. The Authority shall control, through permit, contract, order, or similar means, the contribution to the Authority by each industrial user to ensure compliance with applicable pretreatment standards and requirements.

Carry out inspections and monitoring. The Authority, DEP, or EPA shall carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the Authority, DEP, or EPA are authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept to assure compliance with pretreatment standards.

Require compliance schedules and self-monitoring reports. The Authority requires:

(1)

The development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements; and

(2)

The submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements.

Remedies for noncompliance. The Township, the Authority, DEP, and EPA reserve the right to obtain remedies for noncompliance by any industrial user with any pretreatment standard and requirement in accordance with applicable federal, state, and local laws. The Township, the Authority, DEP, or EPA may seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements. Enforcement remedies include, but are not limited to, the duty to allow or carry out inspections, entry, or monitoring activities of any rules, regulations, or orders issued by the Township, the Authority, DEP, or EPA. The Township, the Authority, DEP, or EPA shall (after informal notice to the discharger) immediately and effectively halt or prevent any discharge of pollutants to the Authority which reasonably appears to present an imminent endangerment to the health or welfare of persons. The Township, the Authority, DEP, or EPA shall also (which shall include notification to the affected industrial users and an opportunity to respond) halt or prevent any discharge to the Authority which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the Authority. The procedures for notice to dischargers where the Township, the Authority, DEP, or EPA is seeking ex parte temporary judicial injunctive relief will be governed by applicable federal or state law.

§ 170-13 Time and method of payment.

In the case of an owner of any improved property whose bill for sewer rentals or charges shall be computed upon the basis of water volume usage, the billing shall be based upon water consumption for the immediately preceding quarter annum.

In the case of an owner of improved property whose quarterly bill for sewer rentals or charges shall be computed on a basis independent of water volume usage the bills for sewer rentals or charges shall be rendered in calendar quarters, on the first days of January, April, July and October, respectively, in each year, or on other dates as the Authority by resolution shall specify, and shall cover a quarterly billing period consisting of the immediately preceding three complete calendar months.

Payment of bills.

(1)

All bills shall be due and payable without penalty one day after mailing or delivery by or on behalf of the Authority to the person responsible for payment thereof.

(2)

If quarterly bills shall not be paid within 30 days after such shall become due and payable, a penalty of 10% shall be added. Payments mailed and postmarked on or before the 30th day shall be deemed to be payments within the period allowed for payment without penalty. If the 30th day shall be a legal holiday or a Sunday, payments made or mailed and postmarked on the next succeeding business day not a legal holiday shall be deemed to be payments within the period allowed for payment without penalty.

Whenever service to any improved property shall begin after the first day or shall terminate before the last day of any calendar quarter, the sewer rental or charge for the period shall be prorated equitably for that portion of the calendar quarter during which service was provided by the Authority.

Failure of any person to receive any bill for quarterly sewer rentals or charges shall not be considered an excuse for nonpayment nor shall the failure result in an extension of the period of time during which the bill shall be payable without penalty.

§ 170-14 Lien; filing of liens; collection of sewer rentals or charges.

The sewer rentals or charges hereby imposed shall be a lien on the improved property connected to and served by the sewer system from the date such sewer rental or charge becomes due and payable under provisions of this article; and all sewer rentals or charges hereby imposed which shall not be paid after 60 days notice, at the discretion of the Authority, shall be entered as a lien against the improved property so connected to and served by the sewer system, which lien shall be filed in the office of the Prothonotary of Berks County, Pennsylvania, in the manner provided by law for the filing of municipal claims. All delinquent bills shall be collected by this Authority in any manner permitted and authorized by law.

§ 170-15 Right to refuse connection to or compel discontinuance of use of sewer system or to compel pretreatment.

The Authority reserves the right to refuse to any person the privilege of connection to the sewer system, or to compel the discontinuance of use of a sewer and the sewer system by any person or to compel the pretreatment of any industrial wastes, to prevent discharges into the sewer system of any wastes deemed to be harmful to the sewer system, or to have a deleterious effect on sewage treatment processes.

§ 170-16 Access.

Representatives of the Authority, DEP, and EPA shall have access at all times to any improved property which shall be connected to the sewer system and any meters used for purposes of establishing or determining water consumption, water excluded from the sewer system or domestic sewage or industrial wastes discharged to the sewer system.

§ 170-17 Screening and holding tanks.

Industrial establishments shall install fine screens to remove husks, hulls, vegetable skins, peelings, threads, lint, grease, mushrooms, and other such nonsettleable and floating solids, or other organic or inorganic substances determined by this Authority to overload, impair the efficiency of or cause difficulties in operation of the sewage treatment plant which forms part of the sewer system or in maintaining required quality of treatment plant effluent.

Any improved property discharging 25,000 gallons or more of domestic sewage and/or industrial wastes per day into the sewer system and having large variations at the rate of discharge of such within the twenty-four-hour daily period shall install suitable holding tanks for equalizing the rate of discharge uniformly over the entire twenty-four-hour daily period. The average twenty-four-hour daily period rate of discharge shall not be exceeded by more than 50% at any time.

§ 170-18 Industrial cost recovery.

In accordance with the requirements of Public Law 92-500, if applicable, each industrial user of the sewage treatment works shall pay an equitable share of the federal capital grant amount used for construction of the sewage treatment works.

Recovered amounts. Each year during the industrial cost recovery period, each industrial user of the sewage treatment works shall pay its share of the total amount of the applicable federal grant, adjusted by any subsequent grant amendments, divided by the recovery period. The industrial cost recovery amount shall be payable, interest free, over the useful life of the sewage treatment works or 30 years, whichever is less.

Payments shall be made by each industrial user no less often than annually. The first payment by each industrial user shall be not later than one year after such industrial user shall begin use of the sewage treatment works.

Each industrial user's share shall be based on all factors which significantly influence the cost of the sewage treatment works. Factors such as strength, volume, and delivery flow rate characteristics shall be considered and included to insure a proportional distribution of the grant assistance allocable to industrial use among all industrial users of the sewage treatment works. As a minimum, each industrial user's share shall be proportional to the industrial user's flow rate, in relation to the sewage treatment works flow rate capacity.

If there is a substantial change in the strength, volume, or delivery flow rate characteristics introduced into the sewage treatment works by an industrial user, such industrial user's share shall be adjusted accordingly. If there is an expansion or upgrading of the sewage treatment works, such existing industrial user's share shall be adjusted accordingly. Each industrial user's share shall include only that portion of the grant assistance allocable to the use by, or to capacity firmly committed for use by, the industrial user of the sewage treatment works.

§ 170-19 Enforcement.

Harmful contributions.

(1)

The Township, the Authority, DEP, or EPA may suspend the wastewater treatment service and/or a wastewater contribution permit when the suspension is necessary, in the opinion of the Township, the Authority, DEP, or EPA to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW, or causes the Authority to violate any condition of its NPDES permit.

(2)

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Township, the Authority, DEP, or EPA shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Township and/or Authority shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Township, the Authority, DEP, or EPA within 15 days of the date of occurrence.

Revocation of permit. Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having its permit revoked in accordance with the procedures of this article:

(1)

Failure of a user to factually report the wastewater constituents and characteristics of its discharge;

(2)

Failure of the user to report significant changes in operations, or wastewater constituents, and characteristics;

(3)

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

(4)

Violation of conditions of the permit.

Notification of violation. Whenever the Township, the Authority, DEP, or EPA finds that any user has violated or is violating this article, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the Township, the Authority, DEP, or EPA may serve upon this 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, the Authority, DEP, or EPA by the user.

Show cause hearing.

(1)

The Township, the Authority, DEP, or EPA may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Township, the Authority, DEP, or EPA why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Township, the Authority, DEP, or EPA regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Township, the Authority, DEP, or EPA why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

(2)

The Township, the Authority, DEP, or EPA may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the (assigned department) to:

(a)

Issue in the name of the Township, the Authority, DEP, or EPA notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(b)

Take the evidence;

(c)

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Township, the Authority, DEP, or EPA for action thereon.

(3)

At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(4)

After the Township, Authority, DEP, or EPA has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Legal action. If any person discharges sewage, industrial wastes or other wastes into the Authority's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the Township, the Authority, DEP, or EPA may commence an action for appropriate legal and/or equitable relief.

§ 170-20 Violations and penalties. [1]

Any person who violates any provision of this article shall be subject to the general penalty provisions as prescribed in Article I of Chapter 1, General Provisions.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 170-21 Industrial sewer connection application.

To the Maidencreek Township Authority:
The undersigned being the __________ of the property located at __________ ____________________ does hereby request a permit to __________ an industrial sewer connection serving __________, which company is engaged in ____________________ at said location.
1.	A plan to the property showing accurately all sewers and drains now existing is attached hereunto as Exhibit A.
2.	Plans and specifications covering any work proposed to be performed under this permit is attached hereunto as Exhibit B.
3.	A complete schedule of all process waters and industrial wastes produced or expected to be produced at said property, including a description of the character of each waste, the daily volume and maximum rates of discharge, representative analyses, and compliance with any applicable pretreatment standard or requirements, is attached hereunto as Exhibit C.
4.	The name and address of the person or firm who will perform the work covered by this permit is __________ __________.
	In consideration of the granting of this permit the undersigned agrees:
1.	To furnish any additional information relating to the installation or use of the industrial sewer for which this permit is sought as may be requested by the Authority.
2.	To accept and abide by all provisions of Ordinance No. _____ of Maidencreek Township, Resolution No. _____ of the Maidencreek Township Authority, and of all other pertinent ordinances, resolutions, or regulations that may be adopted in the future.
3.	To operate and maintain any waste pretreatment facilities, as may be required as a condition of the acceptance into the wastewater treatment system of the industrial wastes involved, in an efficient manner at all times, and at no expense to the Authority.
4.	To cooperate at all times with the Township, the Authority, DEP, or EPA and its representatives in their inspecting, sampling, and study of the industrial wastes, and any facilities provided for pretreatment.
5.	To notify the Authority immediately in the event of any accident, or other occurrence that occasions contributor to the wastewater treatment system of any wastewater or substances prohibited or not covered by this permit.
	Date	Signed
	$__________ inspection fee paid

	Application approved and permit granted:
	Date	Signed

§ 170-22 Wastewater discharge permit.

	Permit No. __________
Industrial Wastewater Discharge Permit
In accordance with the provisions of [cite specific section of ordinance and resolution]
Industry Name
Location address
Mailing address (optional)
is hereby authorized to discharge industrial wastewater from the above identified facility into the Maidencreek Township Authority's sewer system in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit.
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit.
This permit shall become effective on [Date] and shall expire at midnight on [Date].
The permittee shall not discharge after the date of expiration. If the permittee wishes to continue to discharge after this expiration date an application must be filed for reissuance of this permit in accordance with the requirements of [cite specific section of ordinance and resolution], a minimum of 90 days prior to the expiration date.
(Seal)

By:	(Signature) Chairman
	Issued this [Date] day of [Month] , 20__.

§ 170-23 Adoption of additional rules and regulations.

The Authority reserves the right to adopt and, from time to time, the Authority may adopt additional rules and regulations as it shall deem necessary and proper for use and operation of the sewer system, which rules and regulations shall be, shall become and shall be construed as a part of this article.

§ 170-24 Administration.

This article shall be administered on behalf of the Township by the Authority.

§ 170-25 Enforcement.

The proper officers of the Township, the Authority, DEP, or EPA are authorized and directed to do all things and to take all action necessary and proper to enforce the provisions of this article in the manner permitted by law that is within the Township's, the Authority's, DEP's, or EPA's jurisdiction and power.