[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993;
and by Ord. 9810-5, 10/12/1998]
1.
APARTMENT OFFICE USE
BASELINE MONITORING REPORT
BEST MANAGEMENT PRACTICES or BMPs
BIOCHEMICAL OXYGEN DEMAND (BOD5)
BOROUGH
BOROUGH COUNCIL
CATEGORICAL PRETREATMENT STANDARDS
CLEAN WATER ACT (CWA)
COMBINED SEWER
COMMERCIAL USE or COMMERCIAL ESTABLISHMENT
COMMERCIAL USER
COMMERCIAL/INDUSTRIAL DISCHARGE PERMIT
COMPOSITE SAMPLE
DAILY COMPOSITE SAMPLE
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
DOMESTIC USE
DOMESTIC USER
ENVIRONMENTAL PROTECTION AGENCY (EPA)
EQUIVALENT DWELLING UNIT (EDU)
FOOD SERVICE FACILITY or FACILITY
GARBAGE
GRAB SAMPLE
GREASE INTERCEPTOR
HOLDING TANK
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USE OR ESTABLISHMENT
INDUSTRIAL USER
INDUSTRIAL USER PERMIT
INDUSTRIAL WASTE
INSTANTANEOUS LIMITED
INTERFERENCE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES
PERMIT)
NEW SOURCE
NINETY-DAY COMPLIANCE REPORT
OCCUPIED BUILDING
OWNER
PASS-THROUGH
PERSON
pH
POLLUTANTS
POLLUTION
POTW
PREMISES ACCESSIBLE TO THE PUBLIC SANITARY SEWAGE SYSTEM
PRETREATMENT ADMINISTRATOR
PRETREATMENT FACILITY OR PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD OR STANDARDS
PROCESS WASTEWATER
PROPERLY SHREDDED GARBAGE
PUBLIC SANITARY SEWER SYSTEM (sometimes called the "SEWER SYSTEM")
RESPONSIBLE INDIVIDUALS
SANITARY SEWAGE
SANITARY SEWER
SCHEDULED SAMPLING
SEWAGE
SEWER
SIGNIFICANT INDUSTRIAL USER
SIGNIFICANT NONCOMPLIANCE (SNC)
A.
(1)
(a)
(b)
(c)
(d)
(2)
(3)
(4)
(5)
B.
SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORM SEWER
STORMWATER RUNOFF
TOTAL PHOSPHATE AS P (PO4ASP)
TOTAL SUSPENDED SOLIDS (TSS)
TOWNSHIP
UNPOLLUTED WATER OR WASTE
UNSCHEDULED COMPLIANCE SAMPLING
USER
WASTE
WASTEWATER TREATMENT FACILITY
Definitions. Unless the context specifically indicates otherwise,
the following words and terms used in this Part shall have the following
meanings:
A building which is intended to be used for continuous or
periodic habitation by human beings containing two or more family
dwelling units; or which contain business or professional offices
and one or more family dwelling units; or which contains business,
professional, or any other similar type of office or offices.
The report required in 40 CFR, Part 403.12, to be submitted
by all industrial users and waste generators subject to categorical
pretreatment standards.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices not limited to but including
management plans, treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw material storage.
[Added by Ord. 2011-07-04, 7/11/2011]
The quantity of dissolved oxygen consumed in the biochemical
oxidation of the organic matter in sewage under standard laboratory
procedures in five days at 20° C., expressed in milligrams per
liter (mg/l). It shall be determined by an acceptable method described
in 40 CFR, Part 136, and amendments hereto or any method approved
by the EPA.
The Borough of Red Lion, York County, Pennsylvania.
The elected and appointed members of the Borough Council
of the Borough of Red Lion as now or hereafter constituted, and its
duly authorized agents or representatives.
Pollutant discharge limits promulgated by the EPA in accordance
with § 307 of the Clean Water Act that apply to regulated
process wastewater. They are based on the capability of a specific
wastewater treatment technology or a series of technologies to reduce
pollutant discharges equivalent to best available technology (BAT).
Public Law 92-500, October 18, 1972, 33 U.S.C. § 1251
et seq.; as amended by P.L. 95-217, December 28, 1977; P.L. 97-117,
December 29, 1981; P.L. 97-440, January 8, 1983; and P.L. 100-04,
February 4, 1987.
A sewer designed to receive both sewage and stormwater runoff
which has been approved for such purpose.
A property which is intended to be used for the purpose of
carrying on a trade, business, or profession or for social, religious,
educational, charitable, or public uses.
Any contributor discharging wastewater generated at a commercial
establishment to the Springettsbury Township Wastewater Treatment
Facility through a direct connection (as opposed to discharging to
the wastewater treatment facility through a waste hauler).
A permit issued to those industrial users that the Borough
does not classify as significant industrial users, but are considered
to have a minor impact, either potential or realized, either singly
or in combination with other contributing commercial or industrial
establishments, on the sanitary sewer system and/or the wastewater
treatment facility (either its operational efficiency, effluent quality,
or quality of the sludge produced by such facility).
A sample consisting of a combination of individual samples
regardless of flow, obtained at regular intervals over a period of
time, and shall reasonably reflect the actual discharge conditions
for that period of time.
A sample consisting of a combination of individual samples,
regardless of flow, collected at regular intervals over a period of
time; the sampling duration shall be not less than 20 hours and shall
not exceed 28 hours.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the Commonwealth of
Pennsylvania, or any department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of the Department of
Environmental Protection.
A property which is intended to be used for continuous or
periodic habitation by human beings in a single-family unit.
Any person discharging only sanitary sewage.
The Environmental Protection Agency of the United States,
or any agency or department of the United States succeeding to the
existing jurisdiction or responsibility of the Environmental Protection
Agency.
A dwelling consisting of a room, group of rooms, house trailer,
or other enclosure occupied or intended for occupancy as a separate
living quarters by a family or persons living together or by persons
living alone. The value of sewage generated by one EDU is, for purposes
of this Part, 350 gallons per day.
Any food service facility which prepares and/or packages
food or beverages for sale or consumption, on or off site, with the
exception of private residences. Food service facilities shall include,
but are not limited to: food courts, food manufacturers, food packagers,
restaurants, grocery stores, bakeries, lounges, hospitals, hotels,
nursing homes, churches, schools, snack bars, grills, catering services,
butchers and all other food service facilities not listed above.
[Added by Ord. 2011-07-04, 7/11/2011]
Solid wastes from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of produce.
A sample taken from a waste stream on a one-time basis with
no regard to the flow in the waste stream and collected over a period
of time not exceeding 15 minutes which shall reasonably reflect actual
discharge conditions for that instant.
A device, located inside or outside a food service facility,
designed to collect, contain or remove food wastes and grease from
the waste stream while allowing the balance of the liquid waste to
discharge to the wastewater collection system by gravity.
[Added by Ord. 2011-07-04, 7/11/2011]
A watertight receptacle designed to receive and retain sewage
and is constructed to facilitate the ultimate disposal of the sewage
at another site.
Refers to the introduction of pollutants into the wastewater
treatment facility from a nondomestic source.
[Added by Ord. 2011-07-04, 7/11/2011]
A property which is intended to be used in whole or in part
for the manufacture, conversion, or assembly of any product, commodity
or article.
Any contributor to the public sanitary sewage system that
is engaged in any commercial or industrial use.
Any liquid, gaseous or waterborne wastes from industrial or commercial establishments, or wastes having those characteristics of unacceptable wastes enumerated in § 18-403 of this Part, that are discharged into the public sanitary sewage system through direct connection, as distinct from sanitary sewage.
Refers to the maximum concentration of a pollutant allowed
to be discharged at any time, determined from the analysis of any
discrete or composited sample collected, independent of the industrial
flow rate and the duration of the sampling event.
[Added by Ord. 2011-07-04, 7/11/2011]
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits, or disrupts the wastewater
treatment facility, its treatment processes or operations or its sludge
processes, end-use, or disposal and results in a violation of any
requirement of the wastewater treatment facility's NPDES permit
or prevents sludge use or disposal in compliance applicable federal
statutes, permits, or regulations or that results in a violation of
any requirement of the Air Pollution Control Act, 35 P.S. § 4001
et seq.
A permit issued under the National Pollutant Discharge Elimination
System (NPDES) for discharge of wastewaters to the navigable waters
of the United States pursuant to § 402 of the CWA, as amended.
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under § 307(c) of the Clean Water Act, which shall be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that the building, structure, facility,
or installation is constructed at a site at which no other source
is located; the building structure, facility, or installation totally
replaces the process or production equipment that causes the discharge
of pollutants at an existing source; or the production or wastewater
generating processes of the building structure, facility, or installation
are substantially independent of an existing source at the same site.
In determining whether there are substantially independent factors,
such as the extent to which the new facility is integrated with the
existing plant and the extent to which the new facility is engaged
in the same general type of activity as the existing source, should
be considered. Determination of new source status shall be consistent
with the provisions of 40 CFR, Part 403.3(k)(1), (2), and (3).
The report required by 40 CFR, Part 403.12(d) and which describes
the user's compliance status with categorical pretreatment standards,
to be submitted by all industrial users or waste generators subject
to categorical pretreatment standards.
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sanitary sewage and industrial wastes, or either thereof,
is or may be discharged.
Any person vested with ownership, legal, or equitable, sole
or partial, of any property, or his authorized representative.
A discharge which exits the wastewater treatment facility
into the waters of the United States in quantities or concentrations
which, along or in conjunction with other discharges, are a violation
of the wastewater treatment facility's NPDES permit, including
an increase in the magnitude or duration of a violation.
[Amended by Ord. 2011-07-04, 7/11/2011]
Includes an individual, a partnership, an association, a
corporation, a joint stock company, a trust, an unincorporated association,
a governmental body, a political subdivision, a municipality, a municipality
authority, or any other group or legally recognized entity. The masculine
gender shall include the feminine, singular shall include the plural
where indicated by the context.
The measure of the intensity of the acidic or alkaline character
of a material, liquid, or solid. pH is represented on a scale of 0.0
to 14.0 with 7.0 representing a neutral state, 0.0 representing the
most acidic and 14.0 the most alkaline. It shall be determined by
one of the acceptable methods described in 40 CFR, Part 136, and amendments
thereto, or by any method approved by the EPA.
Dredged soil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment, rock, sand, cellar
dirt and industrial, municipal, and agricultural waste discharged
into water; or any material that, when added to water, shall render
that water (either because of the nature or quantity of the material)
unacceptable for its original intended use.
The man-made or man-induced alteration of the chemical, physical,
biological, or radiological integrity of water.
Publicly owned treatment works.
Any real estate abutting on or adjoining or having access
to any street, alley or right-of-way in which a sewer is located which
ultimately connects to the public sanitary sewage system and upon
which the principal building is within 150 feet of such sewer and
to which sewer there is gravity flow from the first-floor level of
such building.
The person designated by the Borough to administer the monitoring
and enforcement of industrial waste pretreatment for industrial and
commercial contributors of the Borough to the wastewater treatment
facility.
The processes or equipment used by a user to reduce the amount
of pollutants, to eliminate pollutants or to alter 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 public
sanitary sewage system. Pretreatment facilities or plants shall include,
but are not limited to, systems designed to remove metals, grease/oil,
BOD5, total suspended solids and toxic organics.
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 public sanitary
sewage system. The reduction or alteration can be obtained by physical,
chemical or biological processes, or process changes by other means.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
[Added by Ord. 2011-07-04, 7/11/2011]
Categorical pretreatment standards and unacceptable wastes and discharges enumerated in § 18-403 of this Part.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production of or use
of any raw material, intermediate product, finished product, by-product
or waste product, excluding sanitary noncontact cooling water and
boiler blowdown.
The wastes from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of produce that have
been shredded to such degree that all particles shall be carried freely
under the flow conditions normally prevailing in public sewers, with
no particle greater than 1/2 inch in any dimension.
All sanitary or combined sewers, all pumping stations, all
force mains, all sewage treatment works and all other sewage facilities
owned or leased and operated by the Borough for the collection, transportation,
and treatment of sanitary sewage and industrial wastes, together with
their appurtenances, and any additions, extensions or improvements
thereto. It shall also include sewers within the Borough's service
area which serve one or more persons and discharge into the public
sanitary sewage system even though those sewers may not have been
constructed by the Borough or are not located within the Borough boundaries
or are not owned or maintained by the Borough. It does not include
separate storm sewers or culverts which have been constructed for
the sole purpose of carrying storm and surface runoff, the discharge
from which is not and does not become tributary to the wastewater
treatment facility.
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(1) The chief executive officer or the chief operating officer
of the user facility if the industrial user is a corporation.
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(2) A partner or the general manager of the user facility if
the industrial user is a partnership.
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(3) The owner or the general manager of the user facility if
the industrial user is a proprietorship.
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(4) The person duly designated as the responsible individual
by a corporation, partnership, or proprietorship, provided that such
person is actually responsible for overall operation of the user facilities.
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Wastewater originating from domestic users containing human
and customary household wastes or such wastes from commercial or industrial
establishments, but excluding industrial wastes.
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
A daily composite or grab sample collected from a significant industrial user based on a schedule formulated in accordance with § 18-406 of this Part.
Sanitary sewage and/or industrial wastes, carried either
separately or in combination.
A pipe or conduit for carrying sewage.
Any industrial user that is subject to categorical pretreatment
standards, or any industrial user of the township's wastewater
treatment facility which has a discharge flow of 25,000 gallons or
more of process wastewater per average workday or contributes a process
waste stream which makes up 5% or more of the average dry weather
flow or organic (BOD5) capacity of the wastewater
treatment facility or is found by the Borough, the Township, the EPA,
or DEP to have significant impact, either potential or realized, either
singly or in combination with other wastes, on the sanitary sewer
system and/or the wastewater treatment facility (either its operational
efficiency, effluent quality or quality of the sludge produced by
said facility).
[Amended by Ord. 2011-07-04, 7/11/2011]
Any instance of noncompliance with pretreatment requirements
(limits, sampling, analysis, reporting and meeting compliance schedules
and regulatory deadlines) for which the industrial user is liable
for enforcement, including penalties. The following is the criteria
used to determine SNC:
Violations of wastewater discharge limits:
Chronic Violations. Sixty-six percent or more of the measurements
exceed the same daily maximum limit, average limit, or instantaneous
limit in a six-month period (any magnitude of exceedence) of a pretreatment
standard or requirement.
Technical Review Criteria (TRC) Violations. Thirty-three percent
or more of the measurements exceed the same daily maximum limit, average
limit, or instantaneous limit by more than the TRC in a six-month
period (any magnitude of exceedence) of a pretreatment standard or
requirement.
Any other violation(s) of an effluent limit average, daily maximum
or instantaneous limit that the control authority believes has caused,
alone or in combination with other discharges, interference or pass-through
or endangers the health of Borough or Springettsbury Township personnel
or the public.
Any discharge of a pollutant that has caused imminent endangerment
to human health/welfare or to the environment and has resulted in
the POTW's exercise of its emergency authority to halt or prevent
such a discharge.
Violations of compliance schedule milestones for starting and
completing construction and attaining final compliance by 90 days
or more after the schedule date.
Failure to provide reports for compliance schedules, self-monitoring
reports or categorical standards within 45 days from the due date.
Failure to accurately report noncompliance.
Any other violation or group of violations that the Borough
or Springettsbury Township considers to be significant.
For an industrial user that is in SNC, the Authority must report
the information to the approval authority as part of the pretreatment
performance summary of industrial user compliance, list the industrial
user in the largest daily newspaper as having significant violations,
and address SNC through appropriate enforcement action that may include
administrative fines or document in a timely manner the reasons for
withholding enforcement.
Any pollutant (including but not limited to BOD5 total suspended solids, other conventional pollutants
and toxics) released in a discharge at a flow rate or concentration
which will cause interference or pass-through at the wastewater treatment
facility.
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
A sewer which is intended to carry stormwater runoff, surface
water, groundwater drainage, etc., but which is not intended to carry
any sanitary sewage or industrial waste.
That portion of precipitation which reaches a channel, trench,
sewer, or sink.
The concentration of total phosphate in sewage as determined
by an acceptable method referenced in 40 CFR, Part 136, and amendments
thereto, or by any other method approved by the EPA, expressed in
mg/l as P.
Solids that either float to the surface or are in suspension
in water, sewage, industrial waste or other liquids and which are
removable by laboratory filtration. The quantity of total suspended
solids shall be determined by one of the acceptable methods described
in 40 CFR, Part 136, and amendments thereto, or by any method approved
by the EPA.
The Township of Springettsbury, York County, Pennsylvania,
operator of the wastewater treatment facility.
Water that has not had its pollutant level raised by the
user, or any water or waste containing none of the following: detectable
levels of free or emulsified grease or oil; pH less than 6.0 or greater
than 10.5; phenols or other substances imparting taste and odor to
receiving waters, toxic or poisonous substances in suspension, colloidal
state, or solution in levels that exceed state or federal water quality
or potable water quality criteria; obnoxious or odorous gases. It
shall contain less than 1,000 mg/l of dissolved solids, 250 mg/l of
chloride and 10 mg/l each of total suspended solids and BOD. The color
shall not exceed 50 color units. Analysis of the parameters referenced
in this definition shall be made in accordance with the methods listed
in 40 CFR, Part 136, and amendments hereto; if the parameter is not
listed in 40 CFR, Part 136, the analysis shall be made in accordance
with the latest edition of Standard Methods for the Examination of
Water and Wastewater, published jointly by the American Waterworks
Association, the American Public Health Association and the Water
Pollution Control Federation, or Methods of Chemical Analysis of Water
and Wastes, published by the EPA, or by any other method approved
by the EPA.
Any person who contributes, causes, or permits the contribution
of sewage into the Borough's public sanitary sewage system.
To any sewage discharged to the Borough's public sanitary
sewage system.
The wastewater treatment plant, including all machinery,
equipment, land, buildings and appurtenant facilities operated by
the Township's Department of Wastewater Treatment.
2.
Word Usage. "Shall" is mandatory; "may" is permissive.
[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993]
1.
General. The economy and desirability of the combined treatment of
industrial wastes and sanitary sewage is recognized. In general, any
and all industrial wastes may be discharged to the public sanitary
sewage system except those that are deemed harmful to the system or
are specifically prohibited by this Part. However, it is recognized
that the treatment of these wastes add to the cost of operating and
maintaining the public sanitary sewage system. Such additional costs
must, therefore, be borne by the person or persons receiving the benefit
of such treatment.
2.
Harmful Wastes. The Borough reserves the right to refuse connection
to the public sanitary sewage system for the discharge of deleterious
industrial wastes or to compel discontinuance of the use of the system
for such wastes or to require pretreatment and/or equalization of
flow thereof in order to prevent harmful or adverse effects upon the
system. The design, construction, and operation of such pretreatment
facilities and/or flow equalization facilities shall be made at the
sole expense of the person discharging said wastes and shall be subject
to the approval of the Borough Council or its designated representative.
3.
Harmful Characteristics. In general, waste shall be considered harmful
to the public sanitary sewage system if it may cause any of the following
damaging effects:
A.
Chemical reaction either directly or indirectly with the materials
of construction of the public sanitary sewage system in such a manner
as to impair the strength or durability of any sewer system structures.
B.
Mechanical action that will destroy any sewer system structures.
C.
Restriction of the hydraulic capacity of any sewer system structures.
D.
Restriction of the normal inspection or maintenance of any sewer
system structures.
E.
Danger to public health and safety.
F.
Obnoxious conditions inimical to the public interest.
[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993;
and by Ord. 2002-11-13, 11/11/2002]
1.
Industrial User Permits.
A.
All industrial users proposing to contribute to the public sanitary
sewage system shall make application for an industrial user permit.
All existing significant industrial users contributing to the public
sanitary sewage system at the time of the adoption of this Part shall
obtain an industrial user permit within 90 days after the effective
date of this Part. The users required to apply for an industrial user
permit shall complete and file with Springettsbury Township an industrial
user permit application form approved by Springettsbury Township,
accompanied by a nonrefundable processing fee to be set through a
resolution of the Board of Supervisors. Proposed new industrial users
shall apply at least 90 days prior to connecting to or contributing
to the public sanitary sewage system. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
the following information, including, but not limited to:
[Amended by Ord. 2011-07-04, 7/11/2011]
(1)
Name, address, location, and phone number.
(2)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1987.
(3)
Name of responsible individual.
(4)
Wastewater constituents and characteristics, before and after
pretreatment, as determined by a reliable analytical laboratory.
(5)
Time and duration of contributions.
(6)
Average daily wastewater flow rates, including daily, monthly
and seasonal variations, if any.
(7)
Site plans, plumbing plans and details to show all sewers, sewer
connections and appurtenances by the site, location, and elevation.
(8)
Description of activities and plant processes on the premises,
including all materials which are or could reasonably be discharged.
(9)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by Springettsbury Township, state
or federal pretreatment standards, and a statement regarding whether
or not the pretreatment standards are being met on a consistent basis
and if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user to meet applicable
pretreatment standards.
(10)
If additional pretreatment and/or O&M shall be required
to meet the pretreatment standards, the shortest schedule by which
the user shall provide such additional pretreatment must be implemented.
The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard.
(11)
Number and type of employees, and hours of operation of plant
and proposed or actual hours of operation of pretreatment system.
(12)
Any other information as may be deemed by Springettsbury Township
to be necessary to evaluate the permit application.
B.
The completed application shall be signed by the user's responsible individual whose signature shall be acknowledged before a notary public. Springettsbury Township shall evaluate the data furnished by the industrial user for completeness and may require additional information. After evaluation and acceptance of the data furnished as a complete application, Springettsbury Township may for cause shown either refuse to issue or may issue a wastewater contribution permit, subject to terms and conditions provided herein, or may issue a commercial/industrial discharge permit in accordance with Subsection 2 of this Part.
2.
Commercial/industrial Discharge Permits. When required by Springettsbury Township, industrial and commercial users shall obtain a commercial/industrial discharge permit. After reviewing the industrial user permit application form referenced in Subsection 1, Springettsbury Township may issue a commercial/industrial discharge permit in accordance with guidelines determined by Springettsbury Township's representative.
3.
Terms and Conditions of Industrial User Permits.
A.
Industrial user permits shall contain at least the following
terms and conditions:
[Amended by Ord. 2011-07-04, 7/11/2011]
(1)
Maximum discharge flow rate.
(2)
Term of permit.
(3)
Statement of nontransferability.
(4)
Definitions.
(5)
Effluent limits, including best management practices (if necessary),
based on applicable pretreatment standards.
(6)
General limitations.
(7)
Specific limitations.
(8)
Special conditions.
(9)
Self-monitoring and reporting requirements (including sampling,
reporting, notification and recordkeeping).
(10)
Notification requirements for slug discharges.
(11)
Statement of applicable civil and criminal penalties.
(12)
Reopener clause.
(13)
Compliance schedules (if required).
B.
Industrial user permits shall be issued for a specified time period,
not to exceed five years. The user shall apply for permit reissuance
a minimum of 90 days prior to the expiration of the user's existing
permit. The application must be accompanied by a nonrefundable processing
fee to established by a resolution of Springettsbury Township. The
terms and conditions of the permit may be subject to modification
by the Borough during the term of the permit to accommodate changing
conditions and as local, state, and federal laws, rules, and regulations
are modified or amended or other just cause exists. The user shall
be informed of any proposed changes in his permit at least 45 days
prior to the effective date of change. Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance,
including a comment period which shall be the first 30 days of the
forty-five-day period prior to the effective date of change.
4.
Terms and Conditions of Commercial/industrial Discharge Permits.
B.
Commercial/industrial discharge permits shall be issued for a specified
time period, not to exceed five years. The user shall apply for permit
reissuance a minimum of 90 days prior to the expiration of the user's
existing permit. The application must be accompanied by a nonrefundable
processing fee to be set through a resolution by Springettsbury Township.
The terms and conditions of the permit may be subject to modification
by the Borough during the term of the permit to accommodate changing
conditions and as local, state, and federal laws, rules and regulations
are modified or amended or other just cause exists. The user shall
be informed of any proposed change in his permit at least 45 days
prior to the effective date of change. Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance,
including a comment period which shall be the first 30 days of the
forty-five-day period prior to the effective date of change.
5.
Industrial Use Permit Not Assignable. Industrial user permits are
issued to a specific user for a specific operation. An industrial
user permit shall not be assigned or transferred or sold to a new
owner, new user, different premises or a new or changed operation
without the approval of Springettsbury Township. Any succeeding owner
or user shall also comply with the terms and conditions of the existing
permit or license.
7.
Discharge Scheduling. Whenever Springettsbury Township deems it advantageous
to the Borough to have an industrial user discharge its industrial
waste into the sanitary sewer system at a rate of flow and at a time
of day which shall have a favorable effect upon the operation and
maintenance of the sanitary sewer system and the industrial user shall
agree to the same, Springettsbury Township is hereby authorized to
enter into an agreement with such industrial user specifying the rate
of flow and time of day for the same under such terms and conditions
as the Borough shall establish. In consideration of such agreement,
the industrial user shall be entitled to a discount not exceeding
10% of the treatment and/or transportation rate otherwise payable
to the Borough.
8.
Trade Secrets. Upon written request by the industrial user furnishing
a report, permit application or answering a questionnaire, those portions
of any document which might disclose trade secrets or secret processes
shall not be disclosed to any person other than to duly authorized
representatives of the EPA or DEP. The physical/chemical characteristics
of a discharger's wastewater shall not be recognized as confidential
information or as a trade secret.
9.
New or Increased Contributions. All industrial users shall promptly
notify the Pretreatment Administrator prior to any changes in the
volume or character of their wastewater discharge or in the operation
of their pretreatment processes that may result in interference or
pass-through at the wastewater treatment facility. Springettsbury
Township reserves the right to deny the admission of or to require
the pretreatment of all discharges to the public sanitary sewer system.
10.
Indemnification. While performing the necessary work on private properties,
the duly authorized representatives or employees of Springettsbury
Township shall observe all safety rules applicable to the premises
established by the use. The user shall be held harmless for injury
or death to Springettsbury Township representative or employee and
Springettsbury Township shall indemnify the user against loss or damage
to its property by Springettsbury Township representatives or employees
and against liability claims and demands for personal injury or property
damage asserted against the user and growing out of the gauging and
sampling operations, such as may be by negligence or failure of the
user to maintain safe conditions.
[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993;
by Ord. 9810-5, 10/12/1998; by Ord. 2002-11-13, 11/11/2002; and by
Ord. 2003-03-05, 3/10/2003]
1.
Prohibited Discharge. No waste from any significant industrial user
other than that for which an industrial user permit has been issued
shall be to the public sanitary sewage system.
2.
General Prohibitions. No person shall discharge to the public sanitary
sewage system any of the following:
A.
Any waste that could cause interference, alone or in conjunction
with a waste or wastes from other sources.
B.
Excessive amounts of unpolluted water or waste capable of being discharged
or disposed of by any reasonable means other than discharge into the
sanitary sewage system, including but not limited to noncontact cooling
water and stormwater. The Borough reserves the right to define the
amount it deems excessive in each particular instance.
C.
Unpolluted stormwater in any amount.
D.
The addition of cooling water or any other unpolluted water or waste
or an increase in the use of process water for the purpose of reducing
the concentration of substances that are prohibited or limited by
this Part or as a partial or complete substitute for adequate pretreatment.
E.
Garbage, unless the same is first properly shredded by a device or
equipment designed for that purpose.
F.
Any liquids, solids or gases which by reason of their nature or quality,
either alone or by interaction with other substances, will or could
cause fire or explosions or be in any other way injurious to persons,
structures or the facilities of the public sanitary sewer system.
G.
Wastes containing any noxious or malodorous gas or substance which
either singly or by interaction with sewage or other wastes may create
a public nuisance or hazard to health or life or prevent entry by
persons to sewer system structures for maintenance repair or otherwise.
H.
Wastes containing ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, hair, chemical or paint
residues, greases, lime, slurry, or viscose materials of such character
or such quantity that, considering the size of the receiving sewers,
may cause an obstruction to the flow or otherwise interfere with the
proper and efficient operation of the public sanitary sewer system.
I.
Wastes containing gases or vapors, either free or occluded, in concentrations
toxic or hazardous to humans or animals.
J.
Wastes containing toxic radioactive isotopes.
K.
Any waste containing toxic substances in quantities sufficient to
cause interference or pass-through at the wastewater treatment facility.
L.
Any sewage with objectionable color not removed by the treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions.
M.
Any biological hazards including, but not limited to, unsterilized
pathological material from hospitals or private laboratories.
O.
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin in amounts causing interference or pass-through at the
wastewater treatment facility.
P.
Pollutants which alone or in combination with other wastes may result
in the presence of toxic gases, vapors or fumes within the POTW in
a quantity that may cause acute worker health and safety problems.
Q.
Trucked waste, except at points designated by Springettsbury Township.
[Added by Ord. 2011-07-04, 7/11/2011]
R.
Any chemicals, enzymes, emulsifiers, live bacteria or other grease
cutters or additives.
[Added by Ord. 2011-07-04, 7/11/2011]
3.
Specific Prohibitions. No person shall discharge to the public sanitary
sewer system any sanitary sewage or industrial wastes containing the
following measured pollutants:
A.
Wastes containing insoluble, non-flocculent substances having a specific
gravity in excess of 2.65.
B.
Wastes containing soluble substances in such concentrations as to
cause the specific gravity of the waste to be greater than 1.1.
C.
Wastes containing more than 100 mg/l of oil and grease, if the oil
and grease is of unknown or petroleum origin; wastes containing more
than 200 mg/l of oil and grease, if the oil and grease is determined
to be of an animal or vegetable origin. The differentiation between
oil and grease of animal/vegetable origin and those of petroleum origin
shall be made by the Borough.
D.
Wastes containing more than 10 mg/l of free chlorine.
E.
Any waste which shall cause the wastewater treatment facility influent
to exceed 104° F. (40° C.) or will inhibit the biological
activity of the treatment system.
F.
Wastes, or wastes that shall react with water to form a solution,
having a pH lower than 6.0 or higher than 10.5 or having any corrosive
properties capable of causing damage or hazards to structures, equipment
or personnel of the public sanitary sewage system.
G.
Wastes that have a BOD5 or total suspended
solids or total phosphate as P or other pollutant concentration that
causes interference with the treatment processes.
[Amended by Ord. 2011-07-04, 7/11/2011]
H.
Wastes having a closed cup flash point of less than 104° F. as determined by a method listed under 40 CFR, Part 261.21, and amendments thereto; or wastes that cause the atmosphere above the wastewater discharge at the collection point referenced in Subsection 5 of this Part to exceed 10% of the lower explosive limit (LEL) as determined by a catalytic, diffusion-type combustible gas meter that measures combustible gases in a range of 0% to 99% LEL.
I.
Any wastes which contain the following substances in solution or
suspension in concentration exceeding that presented in the following
table:
[Amended by Ord. 2011-07-04, 7/11/2011]
|
Maximum Permissible Concentrations
| |||
|---|---|---|---|
|
Substance
|
Daily Composite
(mg/l)
|
Grab Sample
(mg/l)
| |
|
Arsenic (As)
|
0.75
| ||
|
Cadmium (Cd)
|
0.02
| ||
|
Chromium (Cr)
|
0.8
| ||
|
Copper (Cu)
|
1.4
| ||
|
Cyanide (Total)
|
N/A
|
0.7
| |
|
Lead (Pb)
|
0.39
| ||
|
Mercury (Hg)
|
0.001
| ||
|
Molybdenum (Mo)
|
0.9
| ||
|
Nickel (Ni)
|
3.0
| ||
|
Selenium (Se)
|
1.2
| ||
|
Silver (Ag)
|
0.31
| ||
|
Zinc (Zn)
|
2.60
| ||
4.
Individual Control Limits. If the Borough determines that a waste
from any significant industrial user poses a unique potential for
pass-through or interference due to the quantity of quality of the
discharge, the Borough shall place special requirements or limits,
in excess of those contained in this Part, in any industrial user
permit to prevent such pass-through or interference. Such individual
control limits may include, but are not limited to, solvent/toxic
organic management plans (STOMP's), toxic reduction evaluation
requirements (TREs), hazardous waste disposal plans, slug control
discharge plans or specific numerical limitations on substances.
5.
Sampling. When required by the pretreatment administrator, any person
discharging to the public sanitary sewage system any industrial wastes,
combined industrial wastes, food service facility waste or sanitary
sewage shall install a suitable sampling manhole, a sanitary connection
fitting into the service lateral for sampling, or manholes, flow-metering
chambers, flow-monitoring equipment, pH-monitoring equipment and other
appurtenances on his connecting sewer or sewers to facilitate observation,
sampling and measurement of the combined flow of wastes from his premises.
Such manhole or manholes or metering chamber shall be accessible,
safely located and secure and shall be constructed in accordance with
plans approved by the pretreatment administrator.
[Amended by Ord. 2011-07-04, 7/11/2011]
A.
The sampling manhole, sanitary connection fitting, manholes, or metering
chamber shall be installed by such person at his expense and shall
be maintained by him so as to be safe and accessible to the pretreatment
administrator or his designated representative at all times. The construction
and maintenance of such manholes or metering chamber shall be mandatory
for significant industrial users; and, if deemed necessary by the
pretreatment administrator, flows from such manhole or metering chamber
shall be continuously monitored, transmitted and recorded by means
of an approved recording device.
B.
The sampling procedure for the determination of unacceptable sanitary
sewage and industrial waste specified in this section shall be as
follows:
(1)
Oil and grease.
(2)
Free chlorine.
(3)
Temperature.
(4)
Closed-cup flashpoint.
(5)
pH.
(6)
Total cyanide.
(7)
Phenols.
(8)
1,1,1,- Trichloroethane.
(9)
Chloroform.
(10)
Trichloroethylene.
(11)
Tetrachloroethylene.
(12)
Toluene.
(13)
Ethylbenzene.
(14)
Benzene.
(15)
Vinyl chloride.
(16)
Carbon tetrachloride shall be by grab sample only.
|
The remaining substances referenced in Subsection 3 (Specific Prohibitions) shall be by a daily composite sample, except for those parameters listed under Subsection 3 that may be determined by either a daily composite sample or on a grab sample (subject to the concentrations stated for each type of sample).
|
C.
Monthly limitations shall be based on the arithmetic mean of at least
two daily composite samples taken on separate days within one calendar
month for those substances referenced in Subsection 3I of this section
that have daily composite limitations. Monthly limitations shall be
based on the arithmetic mean of at least two grab samples taken on
separate days within one calendar month for those substances referenced
in Subsection 3I of this section that do not have daily composite
limitations.
D.
Waste samples collected to determine compliance with the provisions
of this subsection shall be taken at the manhole or metering chamber
referred to in this subsection or, in the absence of such manhole
or metering chamber, at such place and time as the Borough shall determine
will provide a representative sample of the discharge, or at any other
place mutually agreed upon by the Borough and the user.
6.
Analytical Methods. All analyses of samples shall be performed in
accordance with procedures contained in 40 CFR, Part 136, and amendments
hereto or any method approved by the EPA.
[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993;
by Ord. 9810-5, 10/12/1998; by Ord. 992-3, 2/8/1999; by Ord. 2002-11-13,
11/11/2002; by Ord. 2003-03-05, 3/10/2003; and by Ord. 2009-09-02,
9/14/2009]
1.
Enforcement Response. Enforcement actions taken by Springettsbury
Township shall be consistent with an enforcement response plan of
Springettsbury Township maintained at the wastewater treatment facility.
2.
Notice of Violation.
A.
Whenever the Pretreatment Administrator finds that any industrial
user has violated any provisions of this Part or an industrial user
permit, a commercial/industrial discharge permit, an order or a compliance
schedule, the Pretreatment Administrator his duly authorized representative
shall serve upon said industrial user a written notice of violation.
B.
If required by Springettsbury Township, a written response to this
notice, including an explanation of the cause of the violation and
a plan for the correction and prevention thereof, must be submitted
to the Pretreatment Administrator within 10 working days of the receipt
of the notice. Submission of this plan in no way relieves the industrial
user of liability for any violations occurring before or after receipt
of the notice of violation.
3.
Compliance Schedule. When required by the Pretreatment Administrator,
compliance schedules must be developed by existing or new industrial
users and approved by the Pretreatment Administrator. These schedules
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 equipment required to meet
present or proposed applicable pretreatment standards. No increment
of progress shall exceed nine months. The Pretreatment Administrator
shall have the right to deny or to require the modification of proposed
compliance schedules. Industrial users under compliance schedules
shall submit progress reports to the Pretreatment Administrator no
later than 14 days following each milestone date in the schedule and
14 days following the final date of compliance. Failure to meet required
milestone dates shall constitute a violation of this Part.
4.
Administrative Fine. Notwithstanding any other section of this Part,
any user or waste hauler or waste generator who is found to have violated
any provision of this Part or an industrial user permit, or a commercial/industrial
discharge permit, or an order issued hereunder, or is found to be
in significant noncompliance (SNC) may be fined in an amount no less
than $1,000 per violation. Each day on which noncompliance shall occur
or continue shall be deemed a separate and distinct violation. All
fine money shall be made payable to Red Lion Borough. Springettsbury
Township shall have such other collection remedies as it has to collect
other service charges. Unpaid charges, fines and penalties shall constitute
a lien against the individual user's property.
[Amended by Ord. 2011-07-04, 7/11/2011]
A.
Industrial users who desire to dispute such fines must file a request
before Springettsbury Township to reconsider the fine within 10 working
days of being notified of the fine. Red Lion Borough shall include
as part of the notice of an administrative fine a description of the
applicable appeals process to be followed, including the name, address
and telephone number of the person responsible for accepting such
appeal. Where Springettsbury Township believes the request has merit,
it shall convene a hearing on the matter within 15 working days of
receiving the request from the user.
B.
Anyone assessed an administrative fine shall have 30 days to pay
the proposed fine in full or, if the user wishes to contest either
the amount of the fine or the fact of the violation, the user must
file an appeal of the action. All appeals are to be made pursuant
to the instructions included in the notice of administrative fine
assessment. Failure to appeal within this period shall result in a
waiver of all legal rights to contest the violation or the amount
of the fine.
5.
Administrative Order (AO). When Springettsbury Township finds that
a user has violated or continues to violate any provisions of this
Part, permit or order issued hereunder or any other pretreatment standard
or requirement, Springettsbury Township may issue an order to the
user responsible for the discharge directing that the user come into
compliance within a time period set by Springettsbury Township. If
the user does not come into compliance within the specified time periods,
sewer service shall be discontinued unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Administrative orders may also contain other requirements
to address the noncompliance, including additional self-monitoring,
and management practices designed to minimize the amount of pollutants
discharged to the sewer. An administrative order may not extend the
deadline for compliance established for a federal pretreatment standard
or requirement, nor does an administrative order release the user
of liability for any violation, including any continuing violation.
Issuance of an administrative order shall not be a prerequisite to
taking any other action against the user.
6.
Injunctive Relief. Whenever a user has violated or continues to violate
the provisions of this Part, an industrial user permit or a commercial/industrial
discharge permit or an order issued hereunder, the pretreatment administrator,
through counsel, may petition the court for the issuance of a preliminary
or permanent injunction (or both, as may be appropriate), which restrains
or compels the activities on the part of the user. The pretreatment
administrator shall have such remedies to collect all fees incurred
by Springettsbury Township as a result of this petition as it has
to collect other sewer service charges, including a request for payment
of costs and attorney's fees as may be authorized by law.
[Amended by Ord. 2011-07-04, 7/11/2011]
7.
Industrial User Permit Commercial/Industrial Discharge Permit Revocation.
A.
Any industrial user who violates any of the following conditions
of this Part, of their industrial user permit or of their commercial/industrial
discharge permit or of any order may be subject to the revocation
of its permit:
(1)
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
(2)
Failure of user to report significant changes in wastewater
constituents or characteristics.
(3)
Refusal of reasonable access to the user's premises for
the purposes of inspection or monitoring.
(4)
Violation of the conditions of the permit.
B.
Springettsbury Township shall not revoke an industrial user permit
or commercial/industrial discharge permit without first allowing the
noncompliant industrial user the opportunity to show cause why the
proposed action should not be taken. Before any further discharge
of industrial wastewater may be made by a user whose permit has been
revoked, their user must apply for and be granted a reinstatement
of the revoked permit or a new permit, as Springettsbury Township
may require, and pay all delinquent fees, charges and costs occasioned
by the violation, in accordance with all conditions set forth in this
Part and the procedural guidelines recorded and available at the wastewater
treatment facility.
C.
The Township will not renew an industrial user permit or commercial/industrial
discharge permit until all delinquent fees, charges, and costs occasioned
are paid in full or prior arrangements have been made with the Township,
on a payment plan approved by the Township.
8.
Show Cause Hearing. The Pretreatment Administrator may order any
industrial user which causes or contributes to a violation of this
Part or industrial user permit or commercial/industrial discharge
permit or order issued hereunder to show cause why a proposed enforcement
action should not be taken. Notice shall be served on the industrial
user specifying the time and place for the meeting, the proposed enforcement
action and the reasons for such action and a request that the user
show cause why this proposed enforcement action should not be taken.
The notice of the meeting shall be served personally or by registered
or certified mail to any principal, executive, general partner, corporate
officer, or owner of the industrial user at least 10 days prior to
the hearing. Whether or not a duly notified industrial user appears
as noticed, immediate enforcement action may be pursued.
9.
Emergency Response.
A.
The Pretreatment Administrator may suspend the wastewater treatment
service and/or industrial user permit or commercial/industrial discharge
permit whenever such suspension is necessary in order to stop an actual
or threatened discharge presenting or causing an imminent or substantial
endangerment to the health or welfare of persons, the wastewater treatment
facility or the environment. Any user notified of a suspension of
the wastewater treatment service and/or industrial user permit or
commercial/industrial discharge permit shall immediately stop or eliminate
its contribution. In the event of an industrial user's failure
to immediately comply voluntarily with the suspension order, the Pretreatment
Administrator shall take such steps as deemed necessary, including
the immediate severance of the sewer connection, to prevent or minimize
damage to the wastewater treatment facility and its receiving stream
or endangerment to any individuals. Pretreatment Administrator shall
allow the industrial user to recommence its discharge when the endangerment
has passed, unless the permit revocation proceedings set forth in
this Part are initiated against the industrial user.
B.
Any user which is responsible, in whole or in part, for imminent
endangerment shall submit a detailed written statement describing
the causes of the harmful contribution and the measures taken to prevent
any future occurrence to the Pretreatment Administrator prior to the
date of the show cause hearing described in this Part.
10.
Criminal Penalties. With or without notice, any person who shall
violate the provisions of this Part, an industrial user permit, a
commercial/industrial discharge permit or order, upon conviction thereof,
shall be sentenced to 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 30 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. All fine money assessed through
suit or summary proceedings before any magisterial district judge
pursuant to this section shall be transferred to the Springettsbury
Township Sewer Fund.
11.
Public Notification. Springettsbury Township shall, at least annually,
publish in the largest daily newspaper distributed in Springettsbury
Township a list of industrial users which in the last 12 months were
significantly violating applicable pretreatment standards or other
pretreatment requirements or that were determined to be in significant
noncompliance. Significant noncompliance shall be determined according
to guidelines set in 40 CFR, Part 403.8(f)(2)(vii), or amendments
thereto.
12.
Civil Penalties and Costs.
A.
Before assessing a civil penalty or costs, Springettsbury Township
shall provide the violator with a written notice of proposed assessment,
citing the ordinance provision, permit or regulation violated, with
an offer to conduct an assessment hearing to evaluate the violation
and the amount of the penalty or cost. Said notice shall contain an
explanation of the right to a hearing and the right to appeal from
the assessment made.
[Amended by Ord. 2011-07-04, 7/11/2011]
B.
Before assessing a civil penalty or costs, Springettsbury Township
shall provide the violator with a written notice of proposed assessment
citing the ordinance provision, permit or regulation violated with
an offer to conduct an assessment hearing to evaluate the violation
and the amount of the penalty or costs. Said notice shall contain
an explanation of the right to a hearing and its right to appeal from
the assessment made.
C.
Springettsbury Township shall assign a representative to hold the
assessment hearing who will normally be Springettsbury Township's
Director of Wastewater Treatment. In no event shall the Pretreatment
Administrator act as the hearing officer.
D.
The assessment hearing shall be informal and shall not be governed
by requirements for formal adjudicatory hearings. The hearing shall
be held at the administrative offices of the wastewater treatment
facility at the convenience of the parties; provided, however, that
should the violator fail or refuse to agree as to a time for the hearing,
the hearing officer shall fix a time and direct the violator's
attendance. Should the violator fail or refuse to attend, the hearing
officer may proceed with the hearing and, if appropriate, assess a
civil penalty and/or costs.
E.
A civil penalty may be assessed whether or not the violation was
willful. The amount of the penalty shall not be less than $1,000 per
day per violation; provided, however, that any industrial user who
shall violate Springettsbury Township's pretreatment standards
and/or the requirements of Springettsbury Township's approved
pretreatment program may be assessed a penalty not to exceed $25,000
per day per violation as provided in the Publicly Owned Treatment
Works Penalty Law.[1] In determining the amount of the penalty, the hearing
officer shall consider the following:
[Amended by Ord. 2011-07-04, 7/11/2011]
(1)
The willfulness of the violation.
(2)
Damages to air, water, land, or other natural resources or their
user.
(3)
Cost of restoration and abatement.
(4)
Savings resulting to the person in consequence of the violation.
(5)
Deterrence of future violations.
(6)
History of past violations.
(7)
Other relevant factors.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
F.
If a person against whom a civil penalty or costs has been assessed
fails to pay the amount assessed in full or appeal the assessment
de novo as provided in Subsection 12G hereof within 30 days following
the date of assessment, such failure to pay or perfect an appeal shall
constitute a separate violation for which an additional civil penalty
may be assessed after notice and hearing. Additional violations shall
be deemed to occur and additional civil penalties may be assessed
each time a person fails to pay or perfect an appeal.
G.
A person assessed with a civil penalty or costs pursuant to this
section shall have 30 days to pay the penalty and costs in full. If
the person assessed wishes to contest the violation or the penalty
or costs assessed, such person shall have the right to appeal de novo
to the Springettsbury Township Board of Supervisors for a hearing
under the Local Agency Law, 2 Pa.C.S.A. § 751 et seq. The
notice of appeal and request for hearing shall be filed within 30
days of the date of receipt of notice of the action appealed. The
notice of the appeal must be accompanied by the amount of the civil
penalty and/or costs to be held in an escrow account by Springettsbury
Township. In lieu of such payment, the appellant may post an irrevocable
letter of credit for the required amount issued by a federal or commonwealth
chartered lending institution or an appeal bond in such amount executed
by a surety licensed to do business in this commonwealth and in a
form satisfactory to Springettsbury Township. If after the Local Agency
Law review or final judicial review the civil penalty and/or costs
are removed or reduced, the amount paid into escrow shall be adjusted
accordingly and the balance remitted to the appellant within 30 days
or, in the case of a letter of credit or surety bond having been posted,
upon payment of the amount due, such letter of credit or bond shall
be released. Failure to make the required deposit in escrow or submit
an irrevocable letter of credit or a surety as provided in this subsection
shall result in a waiver of all legal rights to appeal the violation
or the amount of the penalty and/or costs assessed.
H.
In any case where Springettsbury Township determines that the violation
is of a continuing nature, Springettsbury Township may impose a weekly
assessment of not more than $2,500 per week for each week the violation
continues unabated by the violator. Such weekly assessment shall accrue
indefinitely after the date of notice of the assessment to the violator.
I.
All civil penalties and costs assessed pursuant to this subsection
shall be payable to the Springettsbury Township Sewer Fund and shall
be collectible in any manner provided by law for the collection of
debts. Unpaid civil penalties and/or costs, together with interest
and any costs that may accrue, shall constitute a judgment in favor
of Springettsbury Township and be a lien upon the real property of
the violator from the date such amount has been entered and docketed
on the record by the Prothonotary of York County.
13.
Fines and Civil Penalties Collected. All fines and civil penalties collected pursuant to Subsection 10 or 11 of this section shall be placed in a restricted account and shall be used only for the repair of damage or mitigation of threats to the public health, to pay any penalties imposed on Springettsbury Township or Red Lion Borough by the federal or state governments for violation of pretreatment standards, for costs inured to investigate and take enforcement actions and for the administration of this Part and the Sewage Facilities Act, 35 P.S. § 750.1 et seq.
[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993;
by Ord. 9810-5, 10/12/1998; and by Ord. 2002-11-13, 11/11/2002]
1.
Self-monitoring Report (SMR). Springettsbury Township shall require
all significant industrial users to submit to Springettsbury Township
Pretreatment Administrator during the months of June and December,
unless required more frequently by the Pretreatment Administrator,
a report on a form supplied by Springettsbury Township, indicating
the concentration of pollutants in the effluent or generated waste
which are of particular concern to Springettsbury Township and which
are limited by this Part. In addition, this report shall include a
record of all daily flows which occurred during the reporting period.
At the discretion of the Pretreatment Administrator and in consideration
of such factors as local high or low flow rates, holidays, budget
cycles, etc., the Pretreatment Administrator may agree to alter the
months during which the above report is to be submitted.
2.
Baseline Monitoring Report.
A.
Within either 180 days after the effective date of a categorical
pretreatment standard or the final administrative decision on a category
determination under 40 CFR 403.6(a)(4), whichever is later, existing
significant industrial users subject to such categorical pretreatment
standards and currently discharging to or scheduled to discharge to
the POTW shall be required to submit to Springettsbury Township a
report which contains the information listed under this section.
B.
At least 90 days prior to commencement of their discharge, new sources
and sources that become industrial users subsequent to the promulgation
of an applicable categorical pretreatment standard shall be required
to submit to Springettsbury Township a report which contains the information
listed under this section. A new source shall also be required to
report the method of pretreatment it intends to use to meet applicable
pretreatment standards. A new source shall also give estimates of
its anticipated flow and quantity of pollutants discharged. The industrial
user shall submit the information required by this section, including
the following:
(1)
Identifying Information. The name and address of the facility
including the name of the operator and owners.
(2)
Wastewater Discharge Permits. A list of any environmental control
wastewater discharge permits held by or for the facility.
(3)
Description of Operations. A brief description of the nature,
average rate of production and standard industrial classifications
of the operation(s) carried out by such industrial user. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes.
(4)
Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process wastewater and other streams, as necessary, to allow use of
the combined waste stream formula set out in 40 CFR, 403.6(e).
(5)
Measurement of Pollutants. Identify the categorical pretreatment standards applicable to each regulated process. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required) by the standard or by Springettsbury Township of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 18-404 of this Part.
(6)
Certification: a statement reviewed by the industrial user's
authorized responsible individual and certified by a qualified professional,
indicating whether pretreatment standards are being met on a constant
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section shall meet the requirements set out in § 18-405 of this Part.
(8)
All baseline monitoring reports must be signed and certified
in accordance with this section of this Part.
3.
Compliance Schedule Progress Report. The following conditions shall
apply to the schedule required under this section:
A.
The schedule shall contain progress increments 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 (such as events
including hiring an engineer, completing preliminary and final plans,
executing contracts for major components, commencing and completing
construction, beginning and conducting routine operation). No increment
referred to in this section shall exceed nine months.
B.
The industrial user shall submit a progress report to Springettsbury
Township no later than 14 days following each date in the schedule
and the final date of compliance, including, as a minimum, whether
or not the user complied with the increment of progress, the reason
for any delay (and, if appropriate) the steps being taken by the user
to return to the established schedule. In no event shall more than
nine months elapse between such progress reports to Springettsbury
Township.
4.
Ninety-Day Compliance Report. All industrial users subject to categorical
pretreatment standards shall submit, within 90 days following the
date of final compliance with applicable categorical pretreatment
standards, a report containing the information listed in 40 CFR, Part
403.12(b)(4) to (6). Industrial users subject to equivalent mass or
concentration limits established in accordance with 40 CFR, Part 403.6(c)
must include in the report a reasonable measure of the user's
long-term production rate.
5.
Signatory Requirements. All reports submitted pursuant to requirements
outlined in this Part, including but not limited to the baseline monitoring
report, the self-monitoring report and the ninety-day compliance report,
shall be signed by the responsible individual.
6.
Certification Requirements. All reports referenced in this section of this Part, as well as industrial user permit applications, submitted pursuant to § 18-403 of this Part shall 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 quality 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 fine and imprisonment for
knowing violations.
|
7.
Notification of Spills and Slug Loads. All users shall notify Springettsbury
Township immediately by phone or in person upon any planned or unplanned
discharge of wastes of a strength or character unusual for the discharger
or in violation of the discharger's industrial user permit or
any other regulations set forth in this Part. This report is to be
followed within 10 working days of the day of the occurrence by a
detailed written statement sent to the pretreatment administrator
describing the cause and characteristics of the discharge and measures
that are being taken to prevent further similar discharges. Such notification
shall not relieve the user from any liability which may be incurred
as a result of the discharge.
[Amended by Ord. 2011-07-04, 7/11/2011]
8.
Hazardous Waste Discharges.
A.
Any industrial user who commences the discharge of hazardous waste
shall notify the POTW, the EPA Regional Waste Management Division
Director and the State Hazardous Waste Authorities, in writing, of
any discharge into the POTW 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,
261, the EPA hazardous waste number and the type of discharge (continuous,
batch or other). If the industrial user discharges more than 10 kilograms
of such wastes per calendar month to the POTW, the notification shall
also contain the following information to the extent such information
is known and readily available to the industrial user: an identification
of the hazardous constituents contained in the waste, an estimation
of the mass and concentration of such constituents in the waste stream
discharged during the calendar month, and an estimation of the mass
of constituents in the waste stream expected to be discharged during
the following 12 months.
B.
All notifications as required under this section must take place
no later than 180 days after the discharge commences. Any notification
under this section need be submitted only once for each hazardous
waste discharged. However, notification of changed discharges must
be submitted.
C.
Dischargers are exempt from the hazardous waste notification requirements
during a calendar month for which they discharge no more than 15 kilograms
of hazardous wastes, unless the wastes are acute hazardous wastes
as specified in 40 CFR, 261.30(d) and 261.33(3). Discharge of more
than 15 kilograms of non-acute hazardous wastes in a calendar month,
or of any quantity of acute hazardous wastes as specified in 40 CFR,
261.30(d) and 261.33(e), require a one-time notification. Subsequent
months during which the industrial user discharges more than such
quantities of any hazardous wastes do not require additional notification.
D.
In the case of any new regulations under § 3001 of RCRA,
identifying additional characteristics of hazardous wastes or listing
any additional substances as a hazardous waste, the user must notify
the POTW, the EPA Regional Waste Management Division Director and
state hazardous waste authorities of the discharge of such substance
within 90 days of the effective date of such regulations.
[Amended by Ord. 2011-07-04, 7/11/2011]
E.
In the case of any notification under this section, the industrial
user shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
9.
Notice to Employees. In order that employees of industrial users
and significant waste generators be informed of the requirements of
this Part, industrial users and significant waste generators shall
make available to their employees copies of these regulations and
any other wastewater information and notices which maybe furnished
by Springettsbury Township directed toward effective water pollution
control. A notice shall be furnished by the user and permanently posted
in a prominent area on the user's bulletin board explaining proper
procedures for spill prevention, containment or neutralization and
advising employees who to call in case of an accidental discharge
in violation of these regulations.
10.
Right of Access. The wastewater treatment facility operatives and
other duly authorized employees of Springettsbury Township bearing
proper credentials and identification shall be allowed to enter all
properties for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this Part.
Springettsbury Township shall inspect all significant industrial users
and all significant waste generators at least once per year.
11.
Recordkeeping Requirements. Any industrial user or waste generator
subject to reporting requirements shall be required to retain for
a minimum of three years any records of monitoring activities, results
and documentation associated with best management practices. Springettsbury
Township shall retain all reports that it receives from industrial
users and waste generators for a minimum of three years. Any record
of monitoring activities and results shall be made available for inspection
and copying by the pretreatment administrator or his duly authorized
representatives.
[Amended by Ord. 2011-07-04, 7/11/2011]
12.
Federal Requirements. Upon the promulgation of any federal standards or requirements (including, but not limited to, Federal Categorical Pretreatment Standards for any particular industrial subcategory found at 40 CFR Chapter 1, Subchapter N, Parts 405-471), the federal standards or requirements shall immediately supersede the limitations imposed under this Part if the federal standards are more stringent than the limitations imposed under this Part. Any user or waste generator which is subject to federal categorical standards is required to comply with all standards and requirements in accordance with Section 307 of the Clean Water Act.
[Amended by Ord. 2011-07-04, 7/11/2011]
13.
State Requirements. Upon the promulgation of any Pennsylvania State
standards or requirements, the state standards or requirements shall
immediately supersede the limitations imposed under this Part if the
state standards are more stringent than federal limitations or requirements
or the limitations and requirements imposed under this Part.
14.
General Pretreatment Facility Management Requirements. All users
shall install and operate at the user's expense any pretreatment
facility that, in the opinion of Springettsbury Township, is necessary
for the proper handling of wastes. Such facilities shall be of a type
and capacity approved by Springettsbury Township and shall be located
as to be readily and easily accessible for maintenance by the user
and for inspection by Springettsbury Township. All plumbing appurtenances
and grease trap installations shall conform to the most recent BOCA
Code requirements.
15.
Pretreatment Facility Requirements. Pretreatment facilities, including
but not limited to grease traps, shall be provided by a user when,
in the opinion of Springettsbury Township, they are necessary for
the proper handling of wastes containing excessive amounts of pollutants.
All pretreatment facilities shall be of type and capacity approved
by Springettsbury Township and shall be located to be easily accessible
for cleaning, inspection and maintenance. Where installed, all pretreatment
facilities shall be maintained by the user, at the user's expense,
and shall be kept in continuous and efficient operation at all times.
16.
Repeat Sampling and Reporting. All wastewater samples must be representative
of the user's discharge. If sampling performed by a user indicates
a violation, the user must notify the Pretreatment Administrator within
24 hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the Pretreatment Department within 30 days after becoming aware
of the violation.
17.
If the user is monitoring any pollutant more frequently than required
by the Pretreatment Department, the results of this monitoring shall
be included in the self-monitoring report (SMR).
18.
Notice of Changed Discharge Requirements. Each user shall notify the pretreatment administrator of any planned significant changes to the user's operations or systems which might alter the nature, quality, volume, or constitute a slug load, as defined in § 18-401 of this Part, of its wastewater at least 45 days before the change.
[Added by Ord. 2011-07-04, 7/11/2011]
[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993;
by Ord. 2002-11-13, 11/11/2002; and by Ord. 2003-03-05, 3/10/2003]
1.
Surcharges. Although the sewage treatment works will be capable of
treating certain industrial wastes, the actual treatment of such wastes
may increase the cost of operating and maintaining the public sanitary
sewage system. Therefore, there shall be imposed upon each person
discharging such industrial waste into the public sanitary sewage
system a surcharge or surcharges which are intended to cover such
additional costs. Such surcharges shall be in addition to the regular
sewage service charges set forth in § 18-203 of this chapter
and shall be payable as herein provided.
2.
Determination of Surcharges. The strength of any industrial waste,
discharge of which is to be subject to surcharge as determined by
this section, shall be determined quarterly, or more frequently as
Springettsbury Township shall determine, from samples taken either
at the manhole or metering chamber referred to hereof or at any other
sampling point mutually agreed upon by Springettsbury Township and
the producer of such waste. The frequency and duration of the sampling
period shall be such as, in the opinion of Springettsbury Township,
shall permit a reasonably reliable determination of the average composition
of such waste, exclusive of stormwater runoff. Samples shall be collected
or their collection supervised by a representative of Springettsbury
Township and shall be samples that reasonably reflect the characteristics
of the waste over a twenty-four-hour period. Except as hereinafter
provided, the strength of the waste so found by analysis shall be
used for establishing the surcharge or surcharges. The costs of sample
collection and analysis for the purpose of determining surcharge rates
shall be established by a resolution of Springettsbury Township. However,
Springettsbury 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 sampling and analyses.
3.
Calculation of Surcharges.
A.
In the event that, after sampling and analysis, any industrial waste
is found by the Borough to have pollutants or BOD concentration in
excess of 300 mg/l and/or total suspended solids concentration in
excess of 350 mg/l and/or total phosphate as P concentration in excess
of 10 mg/l, the producer of said waste shall pay a strength of waste
surcharge in addition to the flat rate of volume charge set forth
in § 18-203 of this chapter, which surcharge shall be computed
by using the following formula:
|
Factor(%)
|
=
|
60
|
+
|
15 (BOD5 mg/l)
|
+
|
15(TSSmg/l)
|
+
|
10(Pmg/l)
|
-
|
100
|
|---|---|---|---|---|---|---|---|---|---|---|
|
300
|
350
|
10
|
B.
Where the concentration of the waste is less than 300 mg/l for BOD5 or 350 mg/l for total suspended solids or 10 mg/l for
Phosphate as P, the values in parentheses for BOD5 and/or total suspended solids and/or total phosphate as P shall
be equal to 300, 350, and 10, respectively. The amount of the strength
of waste surcharge shall be computed by multiplying the flat rate
of volume charge, as set forth in § 18-203 of this chapter
for collection, transportation and treatment, by the surcharge factor
derived above.
4.
The strength of waste surcharges provided for in this section shall
be added to the sewage service charge imposed by Springettsbury Township
under § 18-203 of this chapter.
5.
Sampling Fees and Schedules for Significant Industrial Users. All
significant industrial users requiring an industrial user permit shall
be assessed a fee for service charge for each scheduled sampling and
unscheduled compliance sampling, to be performed by Springettsbury
Township. The charge to the significant industrial user for each scheduled
sampling shall be such amount as shall be established from time to
time by the Township. The charge to the significant industrial user
for each unscheduled compliance sampling shall be 120% of the cost
of each scheduled sampling.
A.
A sampling frequency table shall be on file at the wastewater treatment
facility for each significant industrial user and commercial user
and shall indicate the number of scheduled samplings that are to be
routinely performed by the Township for a certain time period, not
including unscheduled compliance samplings. The Township shall sample
all significant industrial users and commercial users at least once
per year.
B.
The scheduled sampling frequency shall be based on several criteria, including, but not limited to flow, SIC number and historical waste characteristics including past ordinance violations. Periodic reviews of data at least once per year but not more frequently than every six months may result in revisions of the table. An unscheduled compliance sample may be collected from any industrial user within 10 working days after Springettsbury Township identifies a violation of any provision of § 18-404, Subsection 2 or 3, of this Part resulting from any scheduled or unscheduled sampling.
C.
Sampling Fees and Schedules for Commercial Users. All commercial
users requiring an industrial user permit shall be assessed a fee
for service charge for each scheduled sampling and unscheduled compliance
sampling to be performed by the Township. The charge to the commercial
users for each scheduled sampling shall be set through a resolution
by the Springettsbury Township Board of Supervisors. The charge to
the commercial user for each unscheduled compliance sampling shall
be 120% of the cost of each scheduled sampling.
6.
Other Sampling and Testing Fees. Springettsbury Township may collect
waste samples, make inspections and incur other expenses in order
to determine user compliance with applicable rules and regulations
and may assess users certain fees for those services in accordance
with a schedule of fees established by the Township.
[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993;
as amended by Ord. 2002-11-13, 11/11/2002]
Bills and notices relating to the sewage service charges, fee
for service charges and strength of waste surcharges set forth in
this division will be mailed or delivered to the property owner's
last address or, when proper arrangements have been made with Springettsbury
Township, to the user's last address, as shown on the billing
books of Springettsbury Township. All such bills shall be due when
rendered, and the owners and users shall be jointly and severally
liable for the payment of such charges and the penalties prescribed
in this division for delinquent payment thereof. The bills shall be
payable at the place or places designated on the bills.
[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993;
and by Ord. 2002-11-13, 11/11/2002]
1.
The Borough hereby names, appoints, and designates the duly named
and appointed Pretreatment Administrator of the Township as the Pretreatment
Administrator of the Borough.
2.
The Borough hereby names, appoints, and designates the operating
personnel of the Township wastewater treatment facility as the duly
authorized representatives of the Borough to monitor and enforce the
provisions of this Part. Such personnel are authorized to sample,
collect, test, and analyze wastewater discharges as provided in this
Part and to institute in the name of the Borough enforcement and compliance
actions as provided for herein.
3.
The Borough Council hereby delegates to the Township Pretreatment
Administrator and to the township wastewater treatment facility operating
personnel such power and authority as shall be necessary or required
to do, perform, and carry out the provisions of this Part.
4.
In the event that this designation and delegation of administration
and enforcement authority to Springettsbury Township is found to be
invalid for any reason whatsoever, the Borough of Red Lion retains
the right and authority to administer and enforce each and every provision
of this Part and to compel compliance with the same.
[Ord. 8412-6, 12/12/1984; as amended by Ord. 931-1, 2/10/1993]
All fees, charges, surcharges, fines, and penalties imposed
upon any user in connection with the administration and enforcement
of this Part shall upon receipt by the Borough be paid over to the
Township; provided, however, that the Borough may deduct and retain
therefrom any costs, fees, and administrative expenses whatsoever
incurred by the Borough in connection with the administrative or enforcement
action resulting in the payment. In order to facilitate the remission
of fees, charges, surcharges, fines, and penalties to the Township,
the Township shall notify the Borough of each activity involving a
user which has or may result in a fee, charge, surcharge, fine, or
penalty being paid by such user.
