[Adopted 5-13-1986 by Ord. No. 86-2 (Ch. 18, Part 4, of the 1991 Code of Ordinances)]
A. 
Purpose and policy. This article sets forth uniform requirements for direct and indirect contributors to that portion of the sewer systems within the Township of Fairview, York County, Pennsylvania, which has its discharge treated by the POTW treatment plant (sewer system) and enables the Township 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).
B. 
Objectives. The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the sewer system which will interfere with the operation of the system or contaminate the resulting sludge;
(2) 
To prevent the introduction of pollutants into the sewer system which will pass through the system, inadequately treated, into the receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(4) 
To provide for equitable distribution of the operating cost of the sewer system.
C. 
Applicability. This article shall apply to the Township and to any municipality or person outside the Township who is, by contract or agreement with the Township, a user of the sewer system.
D. 
Administration. Except as otherwise provided herein, the Board of Supervisors, Township Manager, or Superintendent of the POTW shall administer, implement and enforce the provisions of this article. The Authority, Authority Manager and Lower Allen Township Manager may assist in the administration and implementation of this article as authorized designees of the Township but shall have no direct enforcement authority under this article.
A. 
Words, terms and phrases. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context specifically clearly indicates a different meaning:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
ALLOWABLE INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, waterborne waste 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 sanitary sewage, which complies with all provisions of this article and which is allowed to be discharged into the sewer system by the Township, or allowable by the rules and regulations of the Township.
APPROVED AUTHORITY
The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
APPROVED POTW PRETREATMENT PROGRAM or PROGRAM or POTW PRETREATMENT PROGRAM
A program administered by a POTW that meets the criteria established in regulations issued pursuant to the Act and which has been approved by a regional administrator or state director in accordance with regulations issued pursuant to the Act.
AUTHORITY
Lower Allen Township Authority, a Pennsylvania municipal authority, Lower Allen Township, Cumberland County, Pennsylvania.
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;
(3) 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. The standard laboratory procedure shall be found in the latest edition of "Standard Methods for the Examination of Water and Sewage" published by the American Public Health Association.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the sewer system.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or Pretreatment Standards.
COLOR
Color of an industrial waste is the color of the light transmitted by the waste solution after removing the suspended material, including the pseudocolloidal particles.
CONTROL AUTHORITY
The Township or its duly authorized designees, representatives or agents. Such authorized representatives shall include the Manager or the Superintendent of the POTW.
COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the state.
DISSOLVED SOLIDS
The anhydrous residues of the dissolved constituents in water or wastewater.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
GARBAGE
Solid waste resulting from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage and sale of produce.
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.
GROUNDWATER
That which is contained in or passing through the ground.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
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 sewer system (including holding tank waste discharged into the system).
INDUSTRIAL USER
A source of indirect discharge.
INDUSTRIAL WASTE
Solid, liquid or gaseous substances, waterborne waste or form of energy discharged or escaping in the course of any industrial, manufacturing, commercial, trade, business or research process or in the course of development, recovering or processing of natural resources, but not sanitary sewage.
INTERFERENCE
The inhibition or disruption of the POTW, its treatment processes or operations or its sludge processes, use or disposal which contributes to a violation of any requirement of the POTW NPDES permit. The term includes prevention of sewage sludge use or disposal by the Authority in accordance with Section 4.05 of the Act (32 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the Township.
MANHOLE
A structure leading from the surface of the ground to a sewer, permitting access to the sewer.
MG/L
Milligrams per liter.
MUNICIPALITY
Any county, municipal authority, city, borough, township or school district.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD or 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 POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NEW SOURCE
Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. § 1317) pretreatment standard which will be applicable to such source, if such pretreatment standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the pretreatment standard is promulgated later than 120 days after proposal, a "new source" means any source, the construction of which is commenced after the date of promulgation of the pretreatment standard.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of an improved property.
PASS-THROUGH
The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW'S NPDES permit (including an increase in the magnitude or duration of a violation). An industrial user significantly contributes to such permit violation where it:
(1) 
Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by federal, state or local law;
(2) 
Discharges wastewater which substantially differs in nature and constituents from the user's average discharge;
(3) 
Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a permit violation; or
(4) 
Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its permit that such industrial user's discharge, either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the POTW violations.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
pH
The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalent per liter of solution, and indicating the degrees 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 subjected 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 Sewage" published by the American Public Health Association.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded 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
The portion of the POTW designed to provide treatment to wastewater.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined in 40 CFR 403(o), which is owned by the Authority. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, POTW shall also include any sewers that convey wastewaters to the POTW from any municipality or person who is, by contract or agreement with the Authority or Township, a user of the POTW.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a National Categorical Pretreatment Standard imposed on an industrial user.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less-harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes and other means, except as prohibited by 40 CFR 403.6(d).
QUALIFIED ANALYST
Any person who has demonstrated competency in wastewater analysis by having analyzed satisfactorily a minimum of three reference wastewater samples as supplied upon request by the Authority or Township, or by submission of the generally recognized documentation of competency.
REFRIGERATION
The preservation of food products, the maintenance of temperature for aid in process work, and the maintenance of storage temperature.
SANITARY SEWAGE
The normal water-carried household and toilet waste from any improved property, excluding, however, the effluent from septic tanks or cesspools, rain, storm- and groundwater, as well as roof or surface water, drainage or percolating or seeping waters, or accumulation thereof, whether underground or in cellars or basements.
SEWAGE TREATMENT PLANT
POTW treatment plant, as defined herein.
SEWER
A pipe or conduit for carrying sanitary sewage or industrial waste.
SEWER SERVICE
Publicly owned treatment works (POTW), as defined herein. For the purposes of this article, a "sewer system" shall also include any sewers that convey wastewater to the sewer system from any municipality or person who is, by contract or agreement with the Township, a user of the sewer system.
SIGNIFICANTLY INDUSTRIAL USER
Any industrial user of the sewer system who:
(1) 
Has a discharge flow of 25,000 gallons or more per average workday;
(2) 
Has a flow greater than 5% of the total flow into the sewer system;
(3) 
Has in its wastes toxic substances; or
(4) 
Is found by the Township, Superintendent of the POTW, Pennsylvania Department of Environmental Protection, or the U.S. Environmental Protection Agency, to have significant impact, either singly or in combination with other contributing industries, on the sewer system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
SLUG
Any discharges of water, sewage or industrial waste in which 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.
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.
STANDARD METHODS
An abbreviated expression used to denote "Standard Methods for the Examination of Water and Waste Water," a manual published by the American Public Health Association specifying official analytical procedures for the measurement of wastewater parameters.
STATE
Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TOTAL SOLIDS
The sum of dissolved and undissolved constituents in water or wastewater.
TOWNSHIP
Fairview Township, a Second Class Township, York County, Pennsylvania.
TOXIC SUBSTANCES
Any substance or combination of substances that is listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA 307(a) or other Acts, or is present in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in the sewer system or in the receiving waters of the sewage treatment plant.
TWENTY-FOUR-HOUR COMPOSITE WASTEWATER SAMPLE
Consists of 24 hourly wastewater samples collected over a twenty-four-hour period with the sample proportioned according to the flow rate at the time of the sample. The cumulative sample shall be refrigerated.
UNAUTHORIZED WASTE
Any waste which is not in compliance with the provisions of this article or which is discharged into the sewer system by a person in violation of any provision contained in this article.
USER
Any person who distributes, causes or permits the contribution of wastewater into the sewer system.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed into or permitted to enter the sewer system.
WASTEWATER CONTRIBUTION PERMIT
As set forth in § 232-4 of this article.
WATER-COOLED EQUIPMENT
Any equipment using water as a cooling medium for purposes other than air conditioning or refrigeration.
WATERS OF THE STATE
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 ground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
B. 
Word usage. "Shall" is mandatory. "May" is permissive.
C. 
The following abbreviations shall have the designated meanings:
BOD — Biochemical oxygen demand
CFR — Code of Federal Regulations
COD — Chemical oxygen demand
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.
TSS — Total Suspended Solids
U.S.C. — United States Code
[Amended 1-23-1990 by Ord. No. 90-01]
A. 
Use of sewer system and admission of industrial waste.
(1) 
All sanitary sewage and authorized industrial waste may be discharged to the sewer system except that which is deemed harmful to the sewer system or is specifically prohibited by this article.
(2) 
No user shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, drainage from tile fields or unpolluted process waters to any sanitary sewer.
(3) 
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 or pass through the sewage treatment plant. These general prohibitions apply to all such users of the sewer system whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or pretreatment requirements.
(4) 
Except as otherwise provided in this article, no user shall discharge or cause to be discharged to the sewer system any sanitary sewage, industrial waste or other matter or substance:
(a) 
Having a temperature which will inhibit biological activity in the sewage treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the sewer system which exceeds 104° F. or is less than 32° F.
(b) 
Containing more than 100 mg/l of fat, oil or grease.
(c) 
Containing any liquids, solids or grease or gases which, by reason of their nature or quantity, are, or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewer system or to the operation of the sewage treatment plant. At no time shall two successive readings on any explosion hazard meter, at the point of discharge into the sewer system (or at any point in the sewer system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include but are not limited to gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, paint products, ethers, alcohols, ketones, aldehydes, peroxides, acids or bases, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the Township, Authority, Lower Allen Authority, state or EPA has notified the user is a fire hazard or a hazard to the sewer system.
(d) 
Containing unground garbage with particles greater than 1/2 inch in any dimension.
(e) 
Containing solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the sewage treatment plant, such as but not limited to: ashes, cinders, spent lime, stone or marble, dust, sand, mud, straw, grease, clay, shavings, metals, glass, rags, grass clippings, feathers, tar, glass grinding, plastics, wood, whole blood, paunch manure, spent grains, spent hops, bentonite, lye, gas, building materials, rubber, asphalt residues, hairs, bones, leather, hides or fleshings, animal guts or tissue, porcelain, china, ceramic wastes, polishing wastes, residues from refining or processing of fuel or lubricating oil, or other solid or viscous substances capable of causing obstruction or other interference with the operation of the sewer system.
(f) 
Having a pH, stabilized, lower than 6.0 or higher than 9.0 or having any other corrosive or scale-forming property capable of causing damage or hazard to structures, equipment, bacterial action or personnel of the sewer system.
(g) 
Containing toxic or poisonous 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 sewage treatment plant, or to exceed the limitation set forth in a National Categorical Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.
(h) 
Containing BOD concentrations greater than 200 mg/l or suspended solids concentration greater than 250 mg/l or of such character and quantity that unusual attention or expense is required to handle such materials in the sewage treatment plant. Discharges in excess of those listed above shall be subject to strength of waste surcharges as provided for in the Authority sewer rate ordinance, or amendments thereto. Other constituents may be subject to a strength-of-waste discharge as determined by the Township or Superintendent of the POTW from time to time.
(i) 
Containing any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other waste, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewer system for maintenance and repair.
(j) 
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.
(k) 
Containing radioactive substances and/or isotopes of such half-life or concentration as may exceed limits in compliance with applicable state or federal regulations.
(l) 
Having a chlorine demand in excess of 12 mg/l as a detention time of 20 minutes.
(m) 
Prohibited by a permit issued by the Commonwealth of Pennsylvania or the Environmental Protection Agency.
(n) 
Containing any substance which will cause the sewage treatment plant to violate its NPDES and/or state permit or the receiving water quality standards.
(o) 
Containing any substance which may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the sewer system cause the sewage treatment plant to be in noncompliance with recognized 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.
(p) 
Containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, specifically nonbiodegradable complex carbon compounds.
(q) 
Containing any organic compounds of endrin, lindane, methoxyclor, toxaphene, dischlorophenoxyacetic acid or trichlorophenoxypropionic acid.
(r) 
Causing a hazard to human life or public nuisance.
(s) 
Containing total solids greater than 2,000 mg/l or of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(t) 
Containing 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 sewage treatment plant. In no case shall a slug load have a flow rate or contain a concentration or quality of pollutants that exceeds, for any time period longer than 15 minutes, more than three times the average twenty-four-hour concentration, quantities or flow during normal operation.
(u) 
Containing concentrations of anions, cations and other various objectionable substances in excess of the wastewater contribution permit limits, measured at the point of discharge to the sewer system.
(v) 
Contains wastewater in excess of:
Local Industrial Discharge Limits
Pollutant
Monthly Average Discharge Concentration
(mg/l)
Daily Maximum Discharge Concentration
(mg/l)
Cadmium
0.03
0.06
Chromium (T)
1.0
2.0
Copper
1.0
2.0
Mercury
0.02
0.04
Nickel
1.0
2.0
Lead
0.4
0.80
Zinc
0.6
1.20
Silver
0.5
1.00
Phenolics (T)
1.0
2.0
PCBs
0.0004
0.0008
Chloroform
1.4
2.8
Bis (2-ethyl hexyl) phthalate
100
200
1, 1, 1, Trichloroethane
0.01
0.02
Toluene
0.01
0.02
Dischlorobromomethane
0.01
0.02
Naphthalene
0.01
0.02
Phenanthrene
0.01
0.02
Fluorene
0.01
0.02
Dimethyl phthalate
57
57
Hexachlorobenzene
0.002
0.004
Methylene chloride
14.0
28.0
(w) 
Prohibited by any National Categorical Pretreatment Standard promulgated by EPA for a particular industrial user.
(5) 
If such amount of any water or waste is discharged, or is proposed to be discharged to the sewer system, which water or waste contains the matter of substances or possesses the characteristics enumerated in this section, violates the provisions of this § 232-3 or which, in the judgment of the Township, may have a deleterious effect upon or interfere with the sewer system, the Township may, upon giving written notice to the discharger:
(a) 
Reject the same;
(b) 
Require pretreatment to reduce characteristics to maximum limits permitted by this article or any other applicable rules or law. Where necessary, in the opinion of the Township, the Township may require the owner to provide, at the sole expense of the owner, facilities for pretreatment of industrial waste as may be necessary to reduce objectionable characteristics or constituents of such industrial wastes. Plans, specifications and any other pertinent information relating to the pretreatment facilities shall be submitted for approval by the Township, in writing, prior to construction of such facilities;
(c) 
Require control over the quantities and rates of discharge; or
(d) 
Require immediate discontinuance of the waste discharge until such time as it meets the requirements of this section.
(6) 
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 or any flammable wastes, sand or 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.
(7) 
The use of mechanical garbage grinders producing a finely divided mass, properly divided mass, properly flushed with an ample amount of water, shall be permitted upon the condition that no such mechanical garbage grinder to serve premises used for commercial purposes shall be installed until written permission for such installation shall have been obtained from the Township.
(8) 
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense and shall be accessible to the Township or its authorized designees for inspection and testing.
B. 
Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Standards for a particular industrial subcategory, the Federal Categorical Standard, if more stringent than limitations imposed upon this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The Township shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
C. 
Modification of Federal Categorical Pretreatment Standards. Where the sewage treatment plant achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the Township may apply to the approval authority for modification for 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 sewage treatment plant to a less-toxic or harmless state in the effluent which is achieved by the system in 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 Township 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.
D. 
State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.
E. 
Right to revisions. The Township reserves the right to establish more-stringent limitations or requirements on discharges to the sewer system if deemed necessary to comply with the objectives presented in § 232-1A of this article. Nothing in this article shall be construed as preventing any special agreement between the Township and any user of the sewer system whereby unusual strength or character may be accepted by the Township by special agreement, in writing, executed prior to such acceptance, containing safeguards, limitations and conditions acceptable to the Township, subject to any charges as may be applicable; provided, however, that National Categorical Pretreatment Standards shall not be waived, unless such waiver is granted by procedures established under the General Pretreatment Regulations (40 CFR, Part 403).
F. 
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 limitations developed by the Township Authority, state or EPA.
G. 
Accidental discharges. Each user shall provide protection from accidental discharge or prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted by industrial users to the Township for review and shall be approved in writing by the Township before construction of the facility. All existing industrial users shall complete such a plan within six months of the effective date of this article. No industrial user who commences contribution to the sewer system after the effective date of this article shall be permitted to introduce pollutants into the sewer system until accidental discharge procedures have been approved by the Township. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial 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 Township, Authority and Lower Allen Township of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
H. 
Written notice. Within five days following an accidental discharge, the user shall submit to the Township a detailed written report describing the cause of the discharge and the measures to be taken by the user, which shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewer system, fishkills 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.
I. 
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 discharge of prohibited materials or other substances regulated by this article. Employers shall insure that all employees who may cause or suffer such discharge to occur are advised of the emergency notification procedure.
J. 
Pretreatment requirements.
(1) 
General. Users shall design, construct, operate and maintain at their own expense wastewater pretreatment facilities whenever necessary to reduce or modify the user's wastewater to achieve compliance with this article, National Pretreatment Standards, any condition or limitation contained in the user's wastewater discharge permit, or any sludge limitation imposed by federal, state or local authorities. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Township for review and shall not be constructed until after approval in writing by the Township. The review or approval of pretreatment facility plans, specifications and operating procedures by the Authority or its consulting engineer shall not excuse or mitigate any violations by the user of this sequent change in the pretreatment facilities or method of operation shall be reported to and the Township shall indicate its acceptance thereof in writing prior to the user's initiation of the change.
(2) 
Maintenance. When pretreatment facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the user at his own expense, and shall be subject to periodic inspection by the Township or Superintendent of the POTW.
(3) 
Damage liability. The person producing the waste shall be liable for all damages directly attributable to such waste.
(4) 
Disposal of sludges. Sludges, floats, oils, etc., generated by pretreatment facilities must be contained and transported in a safe manner as prescribed by the rules of regulatory agencies, including but not limited to the U.S. Department of Transportation, and handled by reputable persons who shall dispose of all such wastes in accordance with all federal, state and local regulations. The owner of such sludges, floats, oils, etc., shall keep records and receipts needed to demonstrate proper disposal for review by the Township, Superintendent of the POTW.
A. 
Wastewater discharges. It shall be unlawful for the owner of property or any other user to discharge, without first obtaining a permit from the Township, to the sewer system any industrial waste, except as authorized by the Township in accordance with the provisions of this article.
B. 
Wastewater contribution permit.
(1) 
General. All industrial users proposing to connect to or to contribute to the sewer system shall obtain a wastewater contribution permit before connecting to or contributing to the sewer system. All existing industrial users connected to or contributing to the sewer system shall obtain a revised wastewater contribution permit within 180 days after the effective date of this article.
(2) 
Permit application. Users required to obtain a wastewater contribution permit shall complete and file with the Township an application in the form prescribed by the Township and accompanied by a fee in the amount specified by the current fee schedule. 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 or contributing to the sewer system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(a) 
Name, address and location (if different from the address).
(b) 
SIC number according to the Standard Industrial Classification Manual, Bureau of Budget, 1972, as amended.
(c) 
Wastewater constituents and characteristics, including but not limited to those mentioned in § 232-3 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.
(d) 
Time and duration of contribution.
(e) 
Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(f) 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
(g) 
Description of activities, facilities and plant processes on the premises, including all material which is or could be discharged.
(h) 
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.
(i) 
If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such 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:
[1] 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment 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.).
[2] 
No increment referred to in Subsection B(2)(i)[1] shall exceed nine months.
[3] 
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 Township, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with 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 such progress reports to the Township.
(j) 
Each product produced by type, amount, process or processes and rate of production.
(k) 
Type and amount of raw materials processed (average and maximum per day).
(l) 
Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
(m) 
Any other information as may be deemed by the Township to be necessary to evaluate the permit application.
The Township will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Township may issue a wastewater contribution permit subject to terms and conditions provided herein.
(3) 
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to required compliance with such standard within the time frame prescribed by such 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 waste discharge permit shall submit to the Township within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Subsection B(2)(h) and (i). Permit modification applications shall be subject to a fee as established by separate resolution.
(4) 
Permit conditions. Wastewater contribution permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Township. Permits may contain the following:
(a) 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to the sewer system.
(b) 
Limits on the average and maximum wastewater constituents and characteristics.
(c) 
Limits on the 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 schedule.
(g) 
Requirements for submission of technical reports or discharge reports.
(h) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Township, and affording Township or Superintendent of the POTW access thereto.
(i) 
Requirements for notification of the Township for any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the sewer system.
(j) 
Requirements for notification of slug discharges.
(k) 
Requirements for pretreatment.
(l) 
Prohibition of discharge of certain wastewater constituents.
(m) 
Other conditions as deemed appropriate by the Township to ensure compliance with all applicable local, state and federal regulations.
(5) 
Permit 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 Township during the term of the permit as limitations or requirements as identified in this section are modified or other just cause exists. The user shall be informed of any proposed changes in his 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 contribution permits are issued to a specific user for a specific operation. A wastewater contribution 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 Township. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(7) 
Waste characteristic change. Any owner of property who is discharging industrial waste into the sewer system and who contemplates a change in the method of operation or in the pretreatment facilities which will alter the type of industrial waste then being discharged into the sewer system shall apply for a new wastewater contribution permit at least 30 days prior to such change. The revised wastewater contribution permit will be subject to a fee. Approval or disapproval of a modified permit shall be regulated by the procedures established hereunder for the issuance of an original permit.
(8) 
Separation of wastes. In the case of complete separation of sanitary sewage from industrial wastes within a user, with the sanitary sewage only discharged to the sanitary sewer, no permit fee shall be imposed on that portion of the wastes going to the sanitary sewer.
(9) 
Files. The Township and all users shall maintain a permanent file in which copies of all wastewater contribution permits, revisions thereto and supporting data will be filed for reference.
C. 
Reporting requirements for permittee.
(1) 
Compliance data report. 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 Township shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Township for review and shall be acceptable to the Township before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Township under the provisions of this article.
Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewer system, any user subject to pretreatment standards and requirements shall submit to the Township a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance 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 to by a qualified professional.
(2) 
Industrial waste contribution report.
(a) 
Each significant industrial user and any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the sewer system, shall submit to the Township 10 days prior to the first day of June and December, unless required more frequently in the pretreatment standards, a report indicating the nature and concentration of pollutants in the effluent. This report shall specifically contain, but not necessarily be limited to, concentration levels of those pollutants which are limited by the user's pretreatment standards. If requested by the user, the Township or Superintendent of the POTW will perform the required analysis and will bill the user accordingly. In addition, this report shall include a record of all daily flow reported in Subsection B(2)(e). At the discretion of the Township and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Township may agree to alter the months during which the above reports are to be submitted.
(b) 
The Township may impose mass limitations on 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(1) 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 of concentration, or production and mass where requested by the Township, of pollutants contained therein which are limited by the applicable pretreatment standard. All sampling and analysis shall be performed in accordance with procedures established by the Environmental Protection Agency pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto. Where 40 CFR, Part 136, does not include a sampling or analytical techniques for the pollutant in question, sampling and analysis shall be performed in accordance with the Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto.
D. 
Sampling, flow measurement, testing and inspection.
(1) 
Any user whose property is serviced by a building sewer carrying industrial waste shall install at his expense a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the waste. The monitoring facility should normally be situated on the user's premises, but the Township may, when such 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. There shall be ample room in or near such 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. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Township's requirements and all applicable local construction standards and specifications.
(2) 
Persons or occupants of premises where wastewater is created or discharged to the sewer system shall provide the Township or the Superintendent of the POTW or the representatives and agents bearing proper credentials and ID the opportunity of access at any time to any part of any property served by the sewer system as shall be required for purposes of inspection, measurement, sampling, testing and records examination for ascertainment of whether the purposes of this article are being met, all requirements are being complied with, and for performance of other functions relating to service rendered by the Authority. The Township, or the Superintendent of the POTW and (where the NPDES state is the approved authority) 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 Township, approved authority, EPA or Superintendent of the POTW will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(3) 
All measurements, tests and analysis 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 Waste Water," published by the American Public Health Association and shall be determined by or under the direct supervision of qualified analyst at the control manhole provided, or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer in connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewer system and to determine the existence of hazards to life, limb and property (including the right to determine whether a twenty-four-hour composite of all discharge of a user is appropriate or whether a grab sample or samples be taken).
(4) 
The costs of all sampling, testing, inspection and other monitoring activities shall be borne by the respective user. The Township will sample and analyze the discharge of each user holding a wastewater contribution permit once per year. The fees for such sampling and analysis will be billed to and shall be paid by the user.
(5) 
Pursuant to the requirements of 40 CFR 403.8, the Township shall annually publish a newspaper notification of those users which were not in compliance with any pretreatment requirements or standards or any other provision of this article at least once during the 12 previous months. The report shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
(6) 
Both the user and the Township shall maintain all records relating to compliance with pretreatment standards for a period of three years, and all such records shall be made available to officials of the Authority, EPA or approval authority upon request.
(7) 
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 government agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Township that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall be made available upon 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 such portions of a report shall be available for use by EPA, that state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents, effluent data and characteristics will not be recognized as confidential information. Effluent data shall include information necessary to determine the identity, amount, frequency, concentration, temperature or other characteristics of any pollutant discharged, a description of the manner or rate of operation of any source to the extent necessary to determine what was discharged under an applicable standard or limitation, or a general description of the location and nature of the source to the extent necessary to distinguish it from others. Information accepted by the Township as confidential shall not be transmitted to any government agency by the Township until and unless a ten-day notification is given to the user.
A. 
Purpose. It is the purpose of this section to provide for the recovery of costs from users of the sewer system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Township's schedule of charges of fees.
B. 
Charges and fees. The Township may from time to time collect charges and fees to include:
(1) 
Fees for reimbursement of costs of setting up and operating the Township's pretreatment program.
(2) 
Fees for monitoring, inspections and surveillance procedures.
(3) 
Fees for yearly sampling and analyses of user's discharge.
(4) 
Fees for reviewing accidental discharge procedures and construction.
(5) 
Fees for permit and modified permit applications.
(6) 
Fees for filing appeals.
(7) 
Fees for consistent removal (by the Township) of pollutants otherwise subject to Federal Pretreatment Standards.
(8) 
Other fees as the Township may deem necessary to carry out the requirements contained herein.
C. 
These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Township.
A. 
Harmful contributions.
(1) 
The Township may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Township, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the sewer system, causes the Authority to violate any condition of the POTW NPDES permit, or causes a violation of the provisions of this article.
(2) 
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Township shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewer system or endangerment to any individuals. The Township 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 discharge and the measures taken to prevent any future occurrence shall be submitted to the Township within 15 days of the date of occurrence.
B. 
Revocation of permit.
(1) 
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 Section 925.06 of this article.[1]
(a) 
Failure of the user to factually report the wastewater constituents and characteristics of his discharge;
(b) 
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(c) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(d) 
Violation of conditions of the permit.
[1]
Editor's Note: So in original.
(2) 
If a permit is revoked, the Township may take steps it deems advisable, including severance of the sewer connection, to promote compliance with this article.
C. 
Notification of violation. Whenever the Township finds that any user has violated or is violating this article, wastewater contribution permit, or any prohibition, limitation or requirements contained herein, the Township may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Township by the user.
D. 
Show-cause hearing.
(1) 
The Township may order any user who causes or allows an unauthorized discharge to enter the sewer system to show cause before the Board of Commissioners why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing to be held by the Board of the Township 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 Board of Supervisors 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 Board of Supervisors may itself conduct the hearing and take the evidence, or may designate any of its members or any officer, employee or agent of the Township to:
(a) 
Issue in the name of the Township notices of hearing 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 Authority 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 has received 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.
E. 
Legal action. If any person discharges sewage, industrial wastes or other wastes into the sewer system contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the Township, the Township Solicitor may commence an action for appropriate legal and/or equitable relief in any court having jurisdiction of the matter.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5]
A. 
Enforcement. Any person found to be in violation of the provisions of this article or any rule, regulation, order or permit issued hereunder or included herein shall pay a fine of not more than $1,000 for each offense. The person specifically authorized by the Board of Supervisors of Fairview Township to enforce this article shall determine in each instance whether a violation has occurred under this article. Upon determination that a violation has occurred, the person designated by the Board of Supervisors shall impose a fine upon the violator and shall give the violator written notice by United States mail or in person of the violation and the imposition of the fine. If the violator fails to pay the fine within the time specified in the notice of violation, the authorized person may institute a civil enforcement proceeding on behalf of the Township and any person found to be in violation shall pay the fine as set forth above plus all court costs and reasonable attorney's fee incurred by the Township in the civil enforcement proceeding. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
B. 
Any person who knowingly makes any false statement, representation or certification in any application, record, report, statement, sample, plan or other document filed or required to be maintained pursuant to this article, or wastewater contribution permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article will be prosecuted to the extent permitted by law under the Crimes Code, 18 Pa.C.S.A. § 101 et seq.