Township of Shrewsbury, PA WASTE DISCHARGE

No person shall discharge industrial waste into a sewer system except pursuant to and in accordance with an industrial waste discharge permit issued by this Township.

Such permits shall be issued for a specified period of time, not to exceed five years.

Each person intending to discharge industrial waste, or who shall presently be discharging industrial waste, into a sewer system shall make application on a form specified by the Township, with the advice of the Township Engineer and Township Solicitor, setting forth, inter alia, such information as may be required regarding the quality, characteristics, concentrations, volume and timing of the proposed industrial waste discharges, describing the premised and the processes and operations which will produce the discharges and the materials and equipment used therein, as well as identifying the owner of the property and the person(s) in charge of such operations and designating the responsible individual who will sign reports on the owner's behalf.

(4)

Persons presently discharging industrial waste into a sewer system shall secure such permit within 60 days of the enactment of this Part.

(5)

Each person holding such a permit shall apply for a reissuance of the permit a minimum of 180 days prior to the expiration of such permit.

Right of Entry and Records Inspection. Each person discharging industrial waste to a sewer system shall provide representatives of the Township, DEP and EPA the opportunity of access at any time to any part of the premises from which the discharge shall emanate, where processes which produce the discharge take place, or materials used therein are stored, 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 in regard to a sewer system. In addition, the Township reserves the right to inspect and copy all records concerning the purchase, sale, or disposal of any materials containing, in the judgment of the Township, a possible chemical pollutant.

Records Preparation and Retention.

Each person discharging industrial waste into a sewer system shall prepare and maintain and retain records accurately describing the activities and processes that produce industrial waste, including the materials used therein, as well as the dates, times, quality, characteristics, concentrations and volume of industrial waste produced and discharged into a sewer system for a period of not less than three years.

Each person discharging industrial waste into a sewer system shall prepare, maintain and retain records of all industrial waste(s) that are removed from the permittee's sewage flow by pretreatment and stored for later disposal. Such records shall detail the type and volume of wastes removed by pretreatment; and, for each time any of the stored wastes are disposed, the identity of the person(s) disposing of the waste, the date of removal, the volume of the wastes removed, and the date, manner and place of the wastes final disposal. The records shall be maintained for not less than three years from the date prepared. The DEP Hazardous Waste Manifest properly prepared and maintained shall be acceptable to meet this requirement.

All such records shall be made available to officials of the DEP, EPA and the Township for inspection and copying upon request.

Confidential Information/Availability of Reports. Except for data determined to be confidential under § 308 of the Clean Water Act, 33 USC § 1318, all submitted data shall be available for public inspection at the offices of the control authority, the Pennsylvania Department of Environmental Protection, and the Environmental Protection Agency. The Township considers all information regarding the character of the effluent discharged by a permittee to be nonconfidential. The physical and chemical properties of discharged industrial waste will not be recognized as a trade secret.

Dilution. No permittee shall increase the use of potable or 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 permit and this Part.

Proper Disposal of Pretreatment Sludges and Spent Chemicals. The disposal of sludges and spent chemicals generated shall be done in accordance with § 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act.

Signatory Requirements. All reports required by the permit shall be signed by the responsible individual of the permittee as specified in paragraph .D, above, of the permit.

Revocation of Permit. The permit may be revoked by the Township when, after inspection, monitoring or analysis it is determined that the discharge of wastewater to a sewer system is in violation of any provision of the permit, this Part, Federal, State, or local laws, ordinances or regulations. Additionally, falsification or intentional misrepresentation of data or statements pertaining to the permit application or any other required reporting form, or refusal to allow Township, DEP or EPA representatives access to the property, or to records, shall be cause for permit revocation. Prior notification and an opportunity to show cause against permit revocation shall be provided to the permit holder as described in § 18-113 of this Part.

Prohibition of Permit Transfer. The permit is issued to the permittee for discharges of particular characteristics, concentration(s) and volume resulting from a specific operation or processes at a specific site and is not assignable to another person, or transferable to any other location, nor does it permit discharges of other characteristics, constituents, concentrations, or greater volumes, or discharges, from other operations; for any of the foregoing a new permit is required. Without limiting the generality of the foregoing, sale of a permittee shall obligate the purchaser to seek a new permit prior to continuing discharge to a sewer system. The Township shall also be notified, in writing, within 30 days if the name of the permittee is changed.

Waste Discharge Limitations. The permit shall describe the various parameters of the discharge that are regulated, including the location from which an industrial waste discharge is authorized, the location from which samples are to be taken and monitoring frequency and sample type, as well as the maximum limits, in such fashion as, in the judgment of the control authority with the advice of the Township Engineer, when combined with other discharge into a sewer system will not result in a violation of this part, the NPDES permit or other applicable regulations or law.

Reporting Requirements.

Upon any discharge to the sewer system of any slug or prohibited or regulated substance in such quantity or concentration that may result in a violation of the waste discharge limitations set forth in paragraph. A, above, of the permit or in §§ 18-204 or 18-205 of this Part, the discharger shall immediately notify the Township by telephone. The notification shall include information regarding the location of the discharge, the type of pollution involved, the concentration and volume of the discharge and corrective action taken or contemplated. Formal written notification discussing circumstances, remedies and future preventative measures shall be submitted to the Township within five working days of the occurrence.

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

The permittee shall file an application and supporting data with and receive a permit from the Township prior to any changes in the volume, constituents, or characteristics, or concentrations, of their waste discharge or in the operation of their pretreatment processes.

(4)

The permittee shall notify the Township, the EPA Regional Waste Management Division Director and Pennsylvania hazardous waste authorities in writing of any discharge into a sewer system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other), as such additional information is required by 40 CFR, Part 403.12(p).

(5)

The permittee shall submit to the Township quarterly self-monitoring reports on the results of its sampling of the parameters specified in paragraph .A, above, of the permit. The reports shall also set forth quarterly flows. The quarterly reports shall cover the calendar quarters of January 1 to March 31, April 1 to June 30, July 1 to September 30 and October 1 to December 31. The reports shall be filed with the Township within 10 days after the end of each quarter. A laboratory report from a qualified testing laboratory acceptable to the Control Authority with the advice of the Township Engineer shall be submitted with the quarterly report to verify the values reported.

(6)

For each measurement or sample taken pursuant to the requirements of the permit, the user shall record the following information:

The exact place, date, time and type of sampling (composite or grab).

The person and organization who obtained the sample.

(c)

The dates the analyses were performed.

(d)

The laboratory who performed the analyses.

(e)

A copy of the laboratory report.

(7)

All reports shall be signed by the permittee's responsible individual and include the following statement:

	"I certify, under penalty of law, that this document and all attachments, were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.
	All reports shall be submitted to the following address:
		Shrewsbury Township R.D.#4, Box 40160 Glen Rock, PA 17327-9602

Falsifying Information or Tampering with Monitoring Equipment. It shall be unlawful for any person to knowingly make any false statement on any report or other document required by a permit or knowingly render any monitoring device or method inaccurate.

Modification or Revision of the Permit.

The terms and conditions of a permit may be subject to modification by the Township at any time as limitations or requirements as identified by the Township's ordinance, are modified, or other just cause exists.

Without limiting the generality of paragraph .A, above, the terms and condition of a permit may be modified to incorporate special conditions resulting from the issuance of a special order.

As a result of EPA promulgating a new Federal pretreatment standard.

Any permit modifications which result in new conditions in the permit shall include a reasonable time schedule for compliance of necessary.

Severability Clause. The several provisions of this Part are severable. If any provision of this Part is held invalid, the remainder of this Part shall not be affected thereby.

Property Rights. The issuance of a permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any violation of Federal, State or local laws or regulations.

Enforcement Action for Violations.

Violations of either the permit conditions or §§ 18-204 or 18-205 of this Part shall subject the permittee to enforcement action. A list of possible enforcement actions may include, but is not limited to:

Notice of Violation. A written description of the nature of the problem.

Compliance Agreements. Specific action and timetables which become Permit amendments, and posting of bond.

(c)

Notice of Required Action. Such as a request for a detailed explanation and a plan of corrective action and additional monitoring.

(d)

Report of violation to DEP and EPA.

(e)

Emergency suspension of water and sewer service.

(f)

Revocation of permit; termination of water and sewer service.

In addition to any of the above actions, civil or criminal penalties of not less than $50 and not more than $25,000 under Federal and State laws and up to $1,000 plus costs including reasonable attorney fees for each offense under § 18-213 of this Part may be imposed for each offense. "Each offense" may be defined on a per pollutant, per day basis. Costs associated with restoring any affected sewer system operations may also be recovered.

The issue or reissue of a permit does not constitute a decision not to proceed in an administrative or civil action for any violations of sewer system regulations occurring before the issue or reissue of the permit, nor a waiver of the right to do so.

Fees.

Each application or a renewal thereof, for an industrial waste discharge permit shall be accompanied by such a deposit on account of the costs that the Township anticipates it will incur in the review thereof and issuance of the permit. Any deficiency shall be paid at the time of the issuance of a permit and, in case not paid, shall be considered as a delinquent sewer rental and collected in the same fashion. Any excess shall be refunded.

The Township or its designated agent shall inspect properties discharging waste other than sanitary sewage into a sewer system and obtain and analyze samples therefrom to enforce provisions of this Part, to comply with State and Federal requirements and to determine applicable surcharges. The costs incurred by the Township in connection with the inspection, sampling and analysis shall be due and payable on request.

Costs and fees referred to in subparagraphs (1) and (2), above, shall be assessed in accordance with a schedule established by administrative order based on costs and if not paid as and, when due, shall be deemed to be additional sewer rentals and charges and collected in the same manner.

Slug Control Plan. Persons discharging industrial waste into a sewer system shall provide and maintain at their own expense facilities adequate, in the judgment of the control authority, to prevent accidental discharge of prohibited and/or regulated substances and/or slug discharges and to protect the sewage system from damages caused by such substances. If the control authority decides that a slug control plan is needed, the plan shall contain, at a minimum, the elements required in 40 CFR, Part 403.8(f)(2)(v).

§ 18-205 Unacceptable Sanitary Sewage and Industrial Waste.

[Ord. 96-17, 8/7/1996, § 5]

Unpolluted Water. The discharge of excessive amounts of unpolluted water or waste to a sanitary sewer is expressly prohibited. This provision shall not be interpreted as easing the exclusion of stormwater runoff and ground water by § 18-202 of this Part. These discharges of storm sewers will be permitted however, wherever the sewers are of adequate capacity. The Township reserves the right to define the amount it deems excessive in each particular instance.

Prohibited Characteristics. Without limiting the breadth of other provisions of this Part, no person shall discharge to a sewer system any sanitary sewage or industrial waste having any of the following characteristics:

Wastes containing liquids, solids or gases which by reason of their nature or quality may cause fire, explosions or be in any other way injurious to persons, the structures of a sewer system or its operation.

Wastes having a temperature in excess of 150° F. or less than 32° F.

Wastes having a pH lower than 5.5 or higher than 9.0 or having any corrosive properties capable of causing damage or hazards to personnel or to structures or equipment which is a part of a sewer system. Where the Township deems it advisable, it may require any person discharging industrial waste to install and maintain at his own expense, in a manner approved by the Township, a suitable device to continuously measure and record the pH of the wastes so discharged.

Wastes containing any noxious or malodorous gas or substance which either singly or by interaction with sewage or other wastes is, in the opinion of the Township, likely to create a public nuisance or hazard to life or prevent entry to sewage structures for their maintenance and repair.

Wastes containing ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, hair, chemical or paint residues, greases, lime, slurry or viscous materials of such characters or in quantity that, in the opinion of the Township, they may cause an obstruction to the flow in the sewers or otherwise interfere with the proper operation of a sewer system. Attention is called to the fact that the maximum permissible concentration will vary throughout a sewer system depending upon the size of the particular interceptor sewer receiving the same and the flows therein.

Wastes containing garbage, provided the same is properly shredded garbage. The installation or maintenance of garbage grinders or disposal units in any occupied building connected with a sewer system is permitted.

Wastes containing insoluble, non-flocculent substances having a specific gravity in excess of 2.65.

Wastes containing soluble substances in such concentrations as to cause the specific gravity of the waste to be greater than 1.1.

Wastes containing any of the following substances in solution or in suspension in concentrations exceeding those shown in the following tables:

Substance	Maximum Daily Limit (mg/l)
Cadmium	0.1
Chromium (Cr+³ + Cr⁺⁶)	0.5
Chromium (Cr⁺⁶)(Hexavalent)	0.1
Copper as CU	0.3
Cyanides (CN^~) (Free)	0.1
Iron as Fe	3.0
Lead as Pb	0.5
Mercury as Hg	0.01
Nickel as Ni	0.5
Phenolic Compounds as C5H60H	1.0
Zinc as Zn	0.3

Substance	Maximum Average Monthly Limit (mg/l)
Cadmium	0.06
Chromium (Cr⁺³ + Cr⁺⁶)	0.3
Chromium (Cr⁺⁶) (Hexavalent)	0.06
Copper as Cu	0.18
Cyanides (CN^~) (Free)	0.06
Iron as Fe	1.8
Lead as Pb	0.3
Mercury as Hg	0.006
Nickel as Ni	0.3
Phenolic Compounds, as C5H60H	0.6
Zinc as Zn	0.18

(Reserved)

Wastes containing more than 100 milligrams per liter by weight of fat, oil or grease.

Wastes containing more than 10 milligrams per liter of any of the following gases: hydrogen sulfide, sulfur dioxide, nitrous oxide, or any of the halogens.

Wastes containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to human beings or animals.

Wastes containing toxic substances in quantities sufficient to interfere with the biochemical processes of the sewage treatment works or that will pass through the treatment process and still exceed the State and Federal requirements for the receiving stream.

Wastes containing toxic radioactive isotopes without a special permit.

Charges are imposed upon and shall be collected from the owner of each property which shall be connected with a sewer system from which there shall be discharged, directly or indirectly, into a sewer system a substance or a quantity of a substance in violation of the provisions of this Part, and upon a person who shall discharge into a sewer system a substance or a quantity of a substance in violation of this Part if different from the owner and whether or not the unlawful discharge shall emanate from an occupied building. The charge shall be in the amount of the cost, expense, loss or damage to the sewer system or the Township as a result, directly or indirectly, of the discharge including, by way of example and not limitation, physical damage to a sewer system or any component part, the cost of labor, equipment rental and materials used in the repair or replacement of the damaged components or in correcting the results of the discharge, fines or penalties imposed upon the Township or its agents, officers and employees, damages to third parties, and costs incident to litigation, civil or criminal, or the preparation, defense or settlement of the litigation.

§ 18-206 Surcharge for Certain Industrial Wastes.

[Ord. 96-17, 8/7/1996, § 6]

Although the treatment plant will be capable of treating certain abnormal industrial waste, the actual treatment of such wastes may increase the cost of operating and maintaining a sewer system. Therefore, there will be imposed upon each person discharging such industrial waste into a sewer system a surcharge or surcharges which are intended to cover such additional cost. Such surcharges shall be in addition to the volume sewer rental owed to the Township pursuant to Section III-C of the Shrewsbury Township Sewer Rental Resolution and shall be collected as additional sewer rental in a manner as provided in that Resolution.

The strength of any industrial waste, the discharge of which is to be subject to surcharge, shall be determined quarterly, or more frequently as the Township shall determine, from samples taken either at the manhole or metering chamber referred to in § 18-204.4 hereof, or at any other sampling point mutually agreed upon by the Township and the producer of such waste, the frequency and duration of the sampling period shall be such as, in the opinion of the Township, will permit a reasonably reliable determination of that average composition of such waste, exclusive of stormwater runoff. Samples shall be collected or their collection supervised by a representative of the Township and shall be in proportion to the flow of waste, exclusive of stormwater runoff, and composited for analysis in accordance with the latest edition of "Standard Methods of the Examination of Water and Wastewater," as cited above. Except as hereinafter provided, the strength of the waste so found by analysis shall be used for establishing the surcharge or surcharges. However, the Township may, if it so elects, accept the results of routine sampling and analyses by the producer of such wastes in lieu of making its own samplings and analyses.

In the event any industrial waste is found by the Township to have a BOD in excess of 300 milligrams per liter and/or a Suspended Solids concentration in excess of 350 milligrams per liter, the producer of said waste shall pay a strength of waste surcharge, which surcharge shall be computed by using the following formula:

Where the concentration of the waste is less than 300 milligrams per liter for BOD or 300 milligrams per liter for suspended solids, the values in parentheses for BOD and/or suspended solids, as applicable, shall be equal to one. The amount of the strength of waste surcharge shall be computed by multiplying the sewer rentals owed to the Township as established by Section IIIC of the Shrewsbury Township Sewer Rental Resolution by the surcharge factor derived from the above formula.

§ 18-207 Excess Volume of Sewage.

[Ord. 96-17, 8/7/1996, § 7]

It shall be a violation of this Part for any person to permit there to be discharged from an improved property to a sewer system more than 350 gallons of sewage per day for each EDU which has been assigned to such improved property by Township. In the event there is found to be an excessive discharge in violation of this Part:

The owner of such improved property shall pay to Township a volume surcharge of $1 for each gallon or part thereof of excess discharge. (If discharge was determined to have been 400 gallons during one day, the volume surcharge would be $50. Such surcharge shall be in addition to the volume sewer rental owed to Township pursuant to Section IIIC of the Shrewsbury Township Sewer Rental Resolution and shall be collected as additional sewer rental in the manner as provided in that Resolution.

The owner of the improved property shall within 30 days:

Cause sufficient reduction in usage so that there is no further violation.

Purchase sufficient additional EDU's of capacity so that there is no further violation.

For purposes of this Section the reading of a meter installed for the purpose of measuring water usage shall be conclusively presumed to measure sewage usage.

It shall be a further violation of this Part for any owner of an improved property to permit any meter to be tampered with, to freeze or to otherwise permit any action which prevents the meter from accurately measuring water used. Each day that the meter is not accurately functioning shall constitute a separate violation. For purposes of payment of sewage rental as well as any surcharge balance of excess volume, the Township shall estimate the volume of sewage use during any period when a meter is inoperable based on past usage and any apparent additional usage.

§ 18-208 Time and Method of Payment.

[Ord. 96-17, 8/7/1996, § 8]

Sewer charges imposed by this Part shall be payable quarterly and shall be added to the bills rendered pursuant to the Shrewsbury Township Sewer Rental Resolution.

§ 18-209 Liens for Sewer Rentals; Filing and Collection of Liens.

[Ord. 96-17, 8/7/1996, § 9]

Sewer charges imposed by this Part, together with penalties and interest shall be a lien on each improved property whose owners are obligated to pay such charges and any such charges which are not paid within 30 days after each quarterly billing date, at the discretion of the Township, shall be filed as a lien against the aforesaid improved property, which lien shall be filed in the office of the Prothonotary of York County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims. In addition, the payment of said charges imposed hereunder may be enforced by the Township in any manner appropriate under existing laws at the time they become due and payable. In addition, to the aforesaid charges, the owner of every improved property shall be liable for attorney fees on behalf of Shrewsbury Township in the collection or enforcement of any delinquent account at the rates that may be established by the Township pursuant to Act 1 of 1996.

§ 18-210 Access.

[Ord. 96-17, 8/7/1996, § 10]

The Township shall have the right of access at reasonable times to any part of any improved property or the property on which an improved property served by a sewer system is located as shall be required for purposes of inspection, observation, measurement, sampling and testing and for performance of other functions relating to service rendered by the Township through a sewer a system.

§ 18-211 Responsibility of Owners of Improved Properties.

[Ord. 96-17, 8/7/1996, § 11]

The owner of each improved property connected to the sewer system shall be responsible for all acts of tenants or other occupants of such improved property insofar as such acts shall be governed by provisions of this Part.

§ 18-212 Adoption of Additional Rules and Regulations.

[Ord. 96-17, 8/7/1996, § 12]

The 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, as well as such rules and regulations as may be required to effectuate the conditions and obligations imposed upon the Shrewsbury Township Sewer Authority by virtue of a certain agreement with Shrewsbury Borough and Shrewsbury Borough Municipal Authority dated February 8, 1995, which conditions and obligations have been assigned to and assumed by Shrewsbury Township and are incorporated herein by reference, and all of which rules, regulations, conditions and obligations shall become and shall be construed as part of this Part.

§ 18-213 Enforcement and Penalties.

[Ord. 96-17, 8/7/1996, § 13; as amended by Ord. 2008-02, 8/6/2008]

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

§ 18-214 Suspension and Termination of Service.

[Ord. 96-17, 8/7/1996, § 14]

Emergency Suspension of Service. The Township may suspend sewage treatment service to any person or property when it appears to the Township that an actual or threatened discharge presents or may present an imminent and substantial danger to the health or welfare of persons or to the environment, interferes or may interfere with the operation of a treatment plant, or its processes, damages or may damage structures of a sewer system, violates or may violate provisions of this Part, or of an industrial waste permit, or results or may result in a violation of the NPDES permit whereby effluent is discharged into the Codorus Creek. In addition to self-help remedies, the Township may institute legal proceedings to compel compliance with any order suspending service it may issue.

Termination of Treatment Service. The Township may disconnect all connecting pipe lines whereby sewage is conveyed from the property to a sewer system if:

Factually correct reports of the volume and characteristics and constituents of the wastewater discharged into a sewer system from the property are not filed as and when due.

Significant changes in the volume, characteristics or constituents are not reported in a timely fashion.

Access to the portions of the property where the processes which produce the effluent discharged into a sewer system take place, or materials used in said processes are stored, or waste that is not to be discharged into a sewer system is stored, or the discharge takes place, or to a monitoring manhole are not made available to Township's representatives upon request or if records are not made available to the Township's representatives upon request.

Violations of the provisions of this Part, or of any suspension order, or of the provisions of any industrial waste permit, occur with regard to said property or the effluent discharged into a sewer system.

Notice; Administrative Adjustment; Hearing.

Notice. Whenever the Township finds that grounds exist for a termination of sewer service pursuant to Subsection .2, above, it shall serve written notice stating, inter alia, the address/description of the property to which service is to be terminated, a statement of the facts that provide the ground for termination, a citation to the provision of a permit, regulation, ordinance, or law that is being violated or not complied with by the facts, and of the opportunity for an administrative adjustment as set forth in the immediately following paragraph .B. Notices shall be served by personal service, or by certified mail, return receipt requested, restricted delivery, addressed to the owner of the property and the permittee's designated representative, all as indicated on the Township's records, and, unless not accessible, shall be posted on the outside wall of the property at a location as close as practical to the entrance thereof.

Administrative Adjustment. Within 20 days the service of the notice, the persons to whom such notices are addressed shall respond, in writing, to the Township, advising of their position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where agreed to be true, establish a plan, including a time schedule based on the severity of the violation, for the correction thereof.

Show Cause Hearing. Where the grounds for termination of sewer service are not corrected in a timely fashion pursuant to administrative adjustment pursuant to Subsection .2, above, the Township may order the permittee or other property owner to show cause why service should not be terminated. Written notice of such order shall be served in the same manner as the notice as set forth in Subsection. 1, above, setting forth the time and place of a hearing thereon to be held by the Township Board of Supervisors (which, except in case of emergency, shall be at least seven days following the estimated date of receipt of the notice by the person(s) to whom it is addressed), together with a statement of the facts that provide the ground for suspension, a citation to the provision of the permit, regulation, ordinance, or law that is being violated or not complied with by the facts. Upon the completion of the hearing, the Township shall make appropriate findings of fact and conclusions, and enter an appropriate order, which may include, by way of example and not limitation, the revocation of any industrial waste discharge permit and the termination of sewage treatment service and water service to the property and the disconnection of the pipe lines whereby sewage is conveyed from the property to a sewer system, or water is served to the property by the Shrewsbury Borough's water system. The hearing shall be pursuant to the Local Agency Law.

Non-Exclusive Nature of Proceedings.

The provisions of Subsection .3, above, shall not be exclusive, but shall be concurrent and supplemental to any and all other remedies and proceedings at law or in equity provided herein or by other applicable law.

Anything to the contrary notwithstanding, the Township may, without the proceedings set forth in Subsection .3, above, disconnect all connecting pipe lines whereby sewage is conveyed from the property to a sewer system, if a party entitled to notice under Subsection .3.A, above, shall have been convicted of a violation as referred to in § 18-213.

Restoration of Service. In the event that sewage treatment service is suspended or terminated, it shall not be restored until:

Payment of Amounts Due Township. The payment to the Township of all amounts due the Township hereunder including, but not limited to, the cost, expense, loss or damage to a sewer system, including by way of example and not limitation, physical damage, the cost of labor, equipment rental and materials used in the repair or replacement of damaged components or in correcting the results of the discharge, fines or penalties imposed by the Township, its agents, officers and employees, damages to third persons and costs incident to litigation, civil or criminal, threatened or actually instituted, and the costs of preparation, defense, or settlement thereof, all fines or penalties imposed on the person violating this Part or a provision of an industrial waste permit, as well as any disconnection or reconnection fees.

Protection Against Recurrance. Provisions are made that, in the sole discretion of the Township, shall protect against a recurrence of the violation, which may include but not be limited to the alteration of the plumbing facilities of the property from or through which matter may be discharged, directly or indirectly, into a sewer system shall meet all of the requirements:

Separate connecting sewers for the discharge into a sewer system of, on the one hand, sanitary sewage, and of industrial waste, on the other hand, shall have been installed. Such connecting sewer and the equipment and facilities which produce or are capable of producing industrial waste shall be designed and constructed so that it is not possible for industrial waste to be discharged directly into a sewer system other than through the connecting sewer for the discharge of industrial waste.

A manhole or monitoring chamber equipped with metering and sampling devices, and if deemed necessary or desirable by the Township, recording and transmitting devices, shall be provided on the connecting sewers in order to facilitate the observation, sampling and measurement of flow from the premises.

A holding tank or tanks shall be installed on the industrial waste connecting sewer, into which tank(s) all industrial waste must be discharged, held, sampled, tested and found by the Township to comply with the provisions of this Part before discharge into a sewer system. Such holding tank(s) shall be equipped with a mechanical mixing apparatus capable of dispersing dissolved or suspended material evenly throughout; all orifices shall be equipped with locking valves or devices, all keys to which shall be kept in the possession, or under the control of the Township; and there shall be an orifice which shall be connected to the piping to the treatment unit in order to permit the return of the contents of the holding tank which are not found to comply with the provisions of this Part, or of the industrial waste discharge permit, as well as an orifice which is so located as to permit the discharge of the contents of the tank into vehicles of licensed haulers of the type of waste involved. Such tank(s) shall be of such capacity as the owner may decide upon consideration, inter alia, of the frequency with which the Township agents will be available to open and close the orifices and the time consumed by the laboratory in taking and testing samples and the rendition of reports to the Township.

(4)

The plans and specifications referred to above must be approved by the Township as meeting the foregoing requirements.

(5)

The owner shall have entered into an agreement with the Township, in such form as Township may prescribe, establishing the procedures for assuring that all provisions of this Part and of the industrial waste discharge permit shall be complied with, which shall include but not be limited to:

The selection of an independent laboratory by the owner or permittee from among those on a list specified by the Township, which, upon the request of the owner or permittee shall unlock the intake orifice of the holding tank, take samples of the contents while suspended or dissolved material is evenly dispersed throughout following or during the operation of the mixing apparatus, test the samples for compliance with the provisions of this Part and the industrial waste discharge permit and render a written report to the Township.