[Adopted 12-26-1978 by Ord. No. 13-78 (Ch. 18, Part 3, of the 1988 Code)]
[Amended 7-9-1990 by Ord. No. 11-90]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
- The Bethlehem Township Municipal Authority, a Pennsylvania municipal authority.
- BOD (BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C. The standard laboratory procedure shall be that found in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association.
- COD (CHEMICAL OXYGEN DEMAND)
- The quantity of oxygen expressed in mg/l, utilized in the chemical oxidation of organic matter under standard laboratory procedure.
- COMMERCIAL ESTABLISHMENT
- Any improved property used, in whole or in part, for sale, storage and/or distribution of any product, commodity, article or service.
- IMPROVED PROPERTY
- Any property on which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes is or may be discharged.
- INDUSTRIAL ESTABLISHMENT
- Any premises used wholly or in part for the manufacture, processing, cleaning, laundering or assembly of any product, commodity or article or from which any process waste, as distinct from sanitary sewage, shall be discharged.
- INDUSTRIAL WASTES
- Any solid, liquid or gaseous substance or form of energy ejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.
- A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
- A. Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
- B. Therefore is a cause of a violation of any requirements 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); § 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, Protection, Research and Sanctuaries Act
- Milligrams per liter.
- NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
- Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) and 40 CFR 401-471, which applies to specific categories of industrial users.
- 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 § 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:
- A. The building, structure, facility or installation is constructed at a site at which no other source is located; or
- B. The building, structure, facility or installation totally replaced the process or production equipment that caused the discharge of pollutant at an existing source; or
- C. The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
- NONRESIDENTIAL ESTABLISHMENT
- Any improved property not classified as a residential establishment.
- Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
- A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction which a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of the violation).
- Any individual, partnership, firm, company, association, society, corporation or other group or entity.
- The logarithm of the reciprocal of the weight of hydrogen ions, expressed in grams per liter of solution, which indicates the degree of acidity or alkalinity of a substance. A stabilized pH will be considered as a pH which does not change beyond the specified limits when the waste is subject to aeration. It shall be determined by one of the accepted methods described in the latest edition of "Standard Methods for Examination of Water and Wastewater" published by the American Public Health Association.
- POTW TREATMENT PLANT
- That portion of the POTW designated to provide treatment to wastewater.
- RESIDENTIAL ESTABLISHMENT
- Any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by persons living alone.
- SANITARY SEWAGE
- Normal water-carried household and toilet wastes from any improved property.
- Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
- SEWER SYSTEM
- All facilities, as of any particular time, for collecting, pumping, transporting, treating and/or disposing of sanitary sewage and/or industrial wastes, from time to time, owned by the Authority and leased to this Township for operation and use.
- Any discharges of water, sanitary sewage, or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration, or flow, during normal operation.
- SUSPENDED SOLIDS (SS)
- Solids that either float on the surface of or are in suspension in water, sanitary sewage, industrial wastes or other liquids and which are removable by laboratory filtering.
- The Township of Bethlehem, Northampton County, Pennsylvania, a political subdivision acting by and through its Board of Township Commissioners, or, in appropriate cases, by and through its authorized representatives.
- WATER COMPANY
- The Easton Suburban Water Company, the Division of Water and Sanitary Sewage of the City of Bethlehem or any other private or public water company or any other municipality, municipal authority, political subdivision or other political agency providing water service to sewered areas of the Township.
[Amended 1-9-1989 by Ord. No. 1-89; 2-3-1994 by Ord. No. 1-94]
Sewer rentals or charges are imposed upon and shall be collected from the owner of each improved property connected to the sewer system, for use of the sewer system, whether such use shall be direct or indirect, in accordance with the following schedule of rates and classifications:
All owners of improved property shall pay sewer rentals or charges based upon actual water consumption as determined by the Township with exceptions as hereinafter set forth. All sewer rentals or charges based upon water consumption shall be computed in accordance with the following rates:
[Amended 12-18-2006 by Ord. No. 08-06; 12-15-2008 by Ord. No. 07-08; 12-21-2009 by Ord. No. 11-09; 12-19-2016 by Ord. No. 07-16]
Editor's Note: This ordinance provided that these rates would apply to quarterly billings beginning with consumption read dates on or after 1-1-2017.
The volume of water to be utilized for billing sewer rentals or charges to the owners of improved property shall include any and all water purchased from any water company and all water obtained from any other source (including, but not limited to, wells, springs, streams, creeks and rivers) as determined by:
Water consumption meters installed and maintained by any water company.
Water consumption meters installed and maintained by the Township.
Water consumption meters installed and maintained by an owner, subject to the prior written approval of the Township.
From estimates or measurements made by the Township or water company.
Where an owner of improved property utilizes water from sources other than a water company (including, but not limited to, wells, springs, streams, creeks, and rivers), and the volume of water is not metered, estimated or measured by the Township, the owner shall pay a fixed sewer rental or charge of $72 per quarter per annum.
[Amended 12-18-2006 by Ord. No. 08-06; 12-15-2008 by Ord. No. 07-08]
Exclusion from the sanitary sewer system of wastewater not requiring sewage treatment pursuant to federal, state or local regulatory authority may be required by the Township or such exclusion may be made at the election of the owner if not required by the Township, subject to the provisions hereof. When such wastewater is excluded and does not reach the sewer system or when any other portion of the water consumption does not reach the sewer system, sewer rentals or charges shall be based upon total water consumption, less water excluded, at the rates set forth in Subsection A of this section and, as may be applicable, as set forth in Subsection F of this section. All exclusions hereunder shall be determined as follows:
An owner of improved property may elect to install meters which measure wastewater volumes actually discharged to the sewer system, in which event the rental or charge per quarter per annum shall be based upon the metered wastewater volumes rather than water consumption.
The owner of an industrial establishment discharging industrial wastes to the sewer system having a BOD greater than 300 mg/l, and/or suspended solids content greater than 350 mg/l, and/or a COD greater than 600 mg/l, shall pay a strength of waste surcharge, in addition to applicable volume charges, to be calculated as follows:
The Township reserves the right to substitute the following formula for the surcharge rate in the event that BOD is not a normal measure of the strength of the waste:
The surcharge rate shall be applicable to all sewer rental billings. The strength of industrial wastes to be used for establishing the surcharge rate shall be determined annually based upon an average from the preceding year's sampling and analysis of the industrial wastes, conducted at least quarterly, during a period of normal plant operation. In establishing industrial wastes strengths for surcharge purposes by analysis, analyses shall be made in accordance with procedures outlined in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Owners of industrial establishments discharging sanitary sewage and/or industrial wastes to the sewer system shall furnish the Township upon request all information deemed essential by the Township for the determination of applicable sewer rental surcharges for excess strength wastes. The cost of obtaining such information and the cost of all analyses shall be borne by the owner of the industrial establishment.
Minimum charges. Notwithstanding any other provisions contained herein, all owners of residential and nonresidential establishments connected to the sewer system shall be required to pay a minimum sewer rental of $52.50 per quarter per annum.
[Amended 12-18-2006 by Ord. No. 08-06; 12-15-2008 by Ord. No. 07-08; 12-21-2009 by Ord. No. 11-09]
Editor's Note: This ordinance provided that these rates would apply to quarterly billing beginning with consumption read dates on/after 1-1-2010.
Additional classifications. Additional classifications and sewer rentals or modifications of the above schedule of sewer rentals may be established by the Township from time to time as deemed necessary.
Multiple establishments. A separate sewer rental or charge shall be made for each residential and/or nonresidential establishment located on the same improved property, provided there is a separate meter for each such establishment. Where a single meter is used to measure the water consumption of multiple residential and/or nonresidential establishments located on the same improved property, the sewer rental or charge shall be determined by the water consumption evidenced by said single meter in accordance with Subsection A of this section. Where multiple residential and/or nonresidential establishments on the same improved property utilize water from sources other than a water company (including, but not limited to, wells, springs, streams, creeks, and rivers) and the volume of water is not metered, estimated or measured by the Township, the owner shall pay a fixed sewer rental or charge of $72 per quarter per annum for each residential and/or nonresidential establishment.
[Amended 12-18-2006 by Ord. No. 08-06; 12-15-2008 by Ord. No. 07-08]
This article shall be effective upon the date of enactment hereof, and shall apply to quarterly billing commencing with consumption read dates on/after January 1, 2009. In the case of properties utilizing water from sources other than a water company (including, but not limited to, wells, springs, streams, creeks, and rivers,) and the volume of water is not metered, estimated or measured by the Township, the revised fixed sewer rental or charge shall commence on January 1, 2009.
[Added 12-18-2006 by Ord. No. 08-06; amended 12-15-2008 by Ord. No. 07-08]
[Amended 2-3-1994 by Ord. No. 1-94; 10-20-1997 by Ord. No. 6-97]
Billings for unmetered improved properties shall be rendered quarterly for three months' usage on such dates as the Township may determine based on billing cycles assigned to such properties. Billings for metered improved properties served by a water company shall be made as close to quarterly as is possible when applicable meter readings shall become available to the Township or as soon thereafter as practicable and shall cover the period since the date of the preceding meter readings which were used as a basis for computing the immediately preceding billing. Billings based upon the volume of water measured or estimated other than by a water company shall be made quarterly and rendered on the billing date for unmetered improved properties or as soon thereafter as practicable and shall cover the period since the immediately preceding meter reading or immediately preceding estimate. Owners of property connected to the sewer system for only a portion of a billing quarter shall pay a pro rata sewer rental for the period of time actually connected during the quarter. All sewer rental billings shall be due and payable upon presentation and, if not paid within 30 days from the date of the billing, shall be considered delinquent, whereupon a penalty of 10% shall be added. In the event any such delinquent billing is referred to any outside collection agency or to any attorney for the purpose of collection, the charges, expenses and fees charged by such outside collection agency or by such attorney shall be added.
[Amended 7-9-1984 by Ord. No. 5-84; 7-9-1990 by Ord. No. 11-90]
The Township reserves the right to refuse permission to connect to the sewer system, to compel discontinuance of use of the sewer system, or to compel pretreatment of wastewaters by any industry in order to prevent discharges deemed to be harmful, or to have a deleterious effect upon any portion of the sewer system.
No wastewaters in any of the following categories shall be discharged from any improved property into the sewer system without the prior approval of the Township:
Industrial wastes having a BOD greater than 300 mg/l;
Industrial wastes having a content of suspended solids greater than 350 mg/l;
Industrial wastes having a COD greater than 600 mg/l;
Industrial wastes slugs having an average daily flow greater than 5% of the average daily waste flow at the sewage treatment plant receiving wastes from the sewer system;
Any sewage, industrial wastes, or other matter or substance:
Having a temperature higher than 104° F. (40° C.) or 32° F. (0° C.) at the introduction to the POTW treatment plant.
Containing more than 100 mg/l of fat, oil or grease.
Containing any gasoline, benzine, naphtha, fuel oil, paint products, kerosene, toluene, xylene, ethers, alcohols or other inflammable or explosive liquids, solids or gases; 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)
Containing garbage with particles greater than 1/2 inch in any dimension.
Containing any ashes, cinders, sand, mud, straw, shaving, metals, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building materials, rubber, hair, bones, leather, porcelain, china, ceramic wastes, or other solid or viscous substances capable of causing obstruction or other interference with the operation of the sewer system or the sewage treatment plant receiving wastes from the sewer system;
Having a pH, stabilized, lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, bacterial action or personnel;
Containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, or to create any hazard in the receiving waters of the sewage treatment plant receiving wastes from the sewer system;
Containing total solids greater than 850 mg/l or of such character and quantity that unusual attention or expense is required to handle such materials in the operation of the sewer system or the sewage treatment plant receiving wastes from the sewer system;
Containing noxious or malodorous gas or a substance which creates a public nuisance;
Containing dye from any source that will not have an effluent the equivalent of that produced by alum coagulation and chlorination to remove suspended or colloidal matter and bleach the dissolved dyes;
Containing radioactive substances and/or isotopes;
Containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, specifically nonbiodegradable complex carbon compounds;
Containing concentrations of anions, cations, and other various objectionable substances that would make the Township of Bethlehem responsible for discharging such substances in excess of that amount permitted in the allocated portion of the critical flow of the receiving stream. The maximum allowable concentrations permitted to be discharged from the wastewater treatment plant receiving wastes from the sewer system are as follows:
Containing any spent grains, spent hops, or residue from refining or processing of fuel or lubricating oil.
The Township reserves the right to require nonresidential establishments having large variations in rates of wastewater discharge to install suitable regulating devices for equalizing wastewater flows to the sewer system.
When directed by the Township, owners of industrial establishments shall install, pay for, and maintain a manhole and such other devices as may be approved by the Township to facilitate observation, measurement, and sampling of wastewaters discharged to the sewer system. The Township or its duly authorized representative, at all reasonable times, shall be permitted to enter upon any and all properties for the purpose of inspecting, observing, measuring, and sampling wastewaters discharged to the sewer system.
Owners of industrial establishments desiring to discharge industrial wastes to the sewer system shall obtain a permit from the Township to do so. Applications for a permit to discharge industrial wastes shall be accompanied by all information requested by the Township for the determination of industrial wastes volumes, characteristics, and constituents. The cost for obtaining such information shall be borne by the owner of the industrial establishment. The owner of any industrial establishment which is connected to the sewer system who plans to change operations so as to materially alter the characteristics and volumes of wastewaters discharged to the sewer system shall notify the Township in writing at least 20 days before making such connections or changing its operations.
When directed by the Township, grease, oil, and sand interceptors or traps shall be provided where, in the opinion of the Township, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, of any flammable wastes, sand and other harmful ingredients. All interceptors shall be of a type and capacity acceptable to the Township, and shall be located as to be readily and easily accessible for cleaning and inspection.
No person shall discharge or cause to be discharged to any sanitary sewer, without prior written approval of the Township, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process water. Where existing surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process water or roof drains are connected, directly or indirectly, to the sanitary sewer system, they shall be removed within 24 hours of receipt of a notice from the Township to remove said connection, or shall pay a daily charge of $150 for each connection. Should the Township desire to meter the wastewater discharge when it suspects a surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process water or roof drain is connected, the Township will charge an additional $3. (over $150) for every 16 GPM above 40 GPM.
[Amended 8-5-2019 by Ord. No. 07-19]
This Township reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with use and operation of the sewer system, which rules and regulations shall be, shall become and shall be construed as part of this article.
Nothing contained in this article shall be construed as prohibiting any special agreement or arrangement between the Township and any person whereby industrial wastes of unusual strength or character may be admitted into the sewer system.
General discharge regulations.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which shall interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of the POTW. These general prohibitions apply to all such users of the POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:
No pollutant may be discharged into the POTW which will cause structural damage to the POTW, but in no case may pollutants discharged have a pH lower than 5.0 or greater than 11.0.
Pass-through of any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.
Heat amounts producing interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40° C. (104° F.) unless the approval authority, upon request of the POTW, approves alternate treatment limitations. At no time shall a discharge to the POTW have a temperature higher than 150° F. or less than 32° F.
Federal categorical pretreatment standards. Upon promulgation of the federal categorical pretreatment standards listed in 40 CFR, Subchapter N, Parts 401-471, categorical industries must comply with all applicable pretreatment standards and other requirements. The federal standards, if more stringent than any limitations imposed under this section, shall immediately supersede the limitations imposed under this section. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
Specific pollutant discharge limitations; local limits.
The Township reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary, and in accordance with 40 CFR 403.5(c), the Township of Bethlehem imposes the following specific pollutant discharge limitations for all industrial users:
The Township reserves the right to establish alternate specific pollutant discharge limitations in individual industrial waste discharge permits, but only in accordance with regulatory requirements. At no time will the summation of the industrial users' discharges be greater than the allowable industrial headworks loading as defined in 40 CFR, Part 403. The specific pollutant discharge limitations, if more stringent than the federal categorical pretreatment standards, shall immediately supersede the pretreatment standards.
Falsifying information. Any person or industrial user with pretreatment standards or other requirements who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or industrial waste discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be fined as follows:
Civil penalties. Any person or industrial user with pretreatment standards or other requirements who is found to have violated an order of the Township, the City of Bethlehem or the City of Bethlehem's Hearing Board or who willfully or negligently failed to comply with any provision of this section, and the others, rules, regulations and permits issued hereunder, shall be fined as follows:
Drain lines from all swimming pools shall be connected to the storm sewer system where available. Where no storm sewers are available, the pool drain may be connected to the sewer system only upon written approval of the Township and subject to such conditions and charges as may be specified by the Township.
Drainage of air conditioning or refrigeration equipment shall be in accordance with applicable provisions of existing or future ordinances of the Township, or, in absence of such applicable provisions, in accordance with applicable provisions of existing or future ordinances of the City of Bethlehem, Northampton County, Pennsylvania, the lessee operator of the wastewater treatment plant receiving from the sewer system.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at a suitable manhole to be approved by the Township.
All samples shall be twenty-four-hour composite wastewater samples, that is, 24 hourly wastewater samples collected over a twenty-four-hour period with the sample volume proportioned according to the flow rate at the time of the sample. The cumulative sample shall be refrigerated. Exceptions of the twenty-four-hour composite sampling procedure may be made at the discretion of the Township.
The frequency of sampling, measuring, and testing shall be as directed by the Township. All expenses of this activity shall be borne by the owner, and all data obtained shall be sent to the Township, as requested.
The owner of any improved property connected to the sewer system shall provide the Township and its representatives and agents the opportunity of access at any time to any part thereof, as shall be required for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by the Township related to the sewer system.
[Amended 11-17-2007 by Ord. No. 11-07]
Sewer rentals or charges imposed by this article shall be a lien on the improved property connected to and served by the sewer system; and any such sewer rentals or charges which are delinquent shall be filed 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 Northampton County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of Township claims.
Any fee incurred by the Township to satisfy the notice requirements of the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq., in connection with collection of delinquent sanitary sewer rental or charges, shall be assessed against the property as part of the lien, which fee shall not exceed $50. Interest shall be assessed upon all claims for delinquent sanitary sewer rental or charges at the rate of 10% per annum from the date of the filing of the lien. Such fee and interest shall be in addition to all other fees, interest, and penalties allowed by law.