[Adopted 6-11-1970 by Ord. No. 1970-06 (Ch. 18, Part 1A, of the 2003 Code)]
[Amended 8-9-1979 by Ord. No. 1979-03; 12-1-1983 by Ord. No. 1983-08A; 12-26-1991 by Ord. No. 1991-17; 3-26-1998 by Ord. No. 1998-05; 1-9-2003 by Ord. No. 2003-01]
Unless the context specifically indicates otherwise,
the following words and terms used in this article shall have the
following meanings:
A building which is intended to be used for continuous or
periodic habitation by human beings and containing two or more family
dwelling units or which contains 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 10-28-2010 by Ord. No. 2010-08]
The quantity of dissolved oxygen consumed in the biochemical
oxidation of the organic matter in sewage, holding tank waste, septage
of trucked industrial waste under standard laboratory procedures in
five days at 20º 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 EPA.
The elected and appointed members of the Board of Supervisors
of the Township of Springettsbury, as now or hereafter constituted
and its duly authorized agents or representatives.
Pollutant discharge limits promulgated by EPA in accordance
with § 307 of the Clean Water Act that apply to regulated
process waste. 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.
A permit issued to those industrial users that the Township
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).
Any contributor discharging wastewater generated at a commercial
establishment to the Springettsbury Township Wastewater Treatment
Facility through direct connection (as opposed to discharging to the
wastewater treatment facility through a waste hauler).
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, but shall
not exceed 28 hours.
The Department of Environmental Protection 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.
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 article, 350 gallons per day.
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.
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 10-28-2010 by Ord. No. 2010-08]
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 but 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 10-28-2010 by Ord. No. 2010-08]
A watertight receptacle designed to receive and retain sewage
and is constructed to facilitate the ultimate disposal of the sewage
at another site.
Sanitary sewage that is certified by the generator and waste
hauler licensed by the Township, to originate from normal household
functions and that is stored in such a manner so as not to concentrate
said waste to level of nonfilterable residue exceeding 999 mg/L, the
measurement of such total suspended solids being performed by Township
staff, and shall include sanitary sewage removed from holding tanks
such as, but not limited to, chemical toilet wastes, retention tank
wastes and vault privy wastes.
The introduction of pollutants into the Township Wastewater
Treatment Facility from a nondomestic source.
[Added 10-28-2010 by Ord. No. 2010-08]
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 discharging to the Township Wastewater Treatment
Facility through direct connection (as opposed to discharging to the
wastewater treatment facility through a waste hauler) which is not
a domestic user or commercial user.
The permit issued to a significant industrial user by the Township pursuant to § 265-4E of this article.
Any liquid, gaseous or waterborne wastes from industrial or commercial establishments or wastes having those characteristics of unacceptable wastes enumerated in § 265-5 of this article that are discharged into the public sanitary sewage system through direct connection (as opposed to discharge by a waste hauler) as distinct, but not including sanitary sewage.
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 10-28-2010 by Ord. No. 2010-08]
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 with applicable federal statutes, permits
or regulations or that results in a violation of any requirement of
the Air Pollution Control Act.
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.
The production or wastewater generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site.
In determining whether these are substantially
independent, factors such as the extent to which the new facility
is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the
existing source should be considered. Determination of "new source"
status shall be consistent with the provisions of 40 CFR, Part 403.3(k)(1),
(k)(2) and (k)(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, alone 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 10-28-2010 by Ord. No. 2010-08]
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 or a municipal 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 zero
to 14 with seven representing a neutral state, zero representing the
most acidic and 14 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 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.
Man-made or man-induced alteration of the chemical, physical,
biological and 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 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 Township to administer the monitoring
and enforcement of industrial waste pretreatment for industrial and
commercial contributors of the Township's Wastewater Treatment Facility.
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.
The processes or equipment used by a user to reduce the amount
of pollutants, eliminate pollutants or 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.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
[Added 10-28-2010 by Ord. No. 2010-08]
Categorical pretreatment standards and unacceptable wastes and discharges enumerated in § 265-5 of this article.
The pipe extending across private property originating at
one or more occupied buildings and terminating at the public service
lateral. The private service lateral shall normally extend to the
street curb or street easement line. In some cases, the private service
lateral may not extend to the street curb or street easement line.
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 blow down.
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 Township 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 Township's service
area which serve one or more persons and discharges into the public
sanitary sewage system even though those sewers may not have been
constructed by the Township or are not located within the Township
boundaries or are not owned or maintained by the Township. 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.
The pipe extending from the public sanitary sewage system
and connecting to the private service lateral at the transition joint.
Usually the public service lateral is installed by the Township, the
Township's agent or by a developer and later dedicated to the Township.
The public service lateral shall normally extend to the street curb
or street easement line.
Shall be:
The chief executive officer or the chief operating
officer of the user facility if the industrial user or waste generator
is a corporation.
A partner or the general manager of the user
facility if the industrial user or waste generator is a partnership.
The owner or the general manager of the user
facility if the industrial user or waste hauler is a proprietorship.
The person duly designated as the responsible
individual by a corporation, partnership or proprietorship; provided
such person shall be actually responsible for overall operation of
the user facilities.
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 § 265-13E of this article.
Waste that is generated in a septic tank as defined by this
article and is certified by the generator and waste hauler licensed
by the Township to originate from normal household functions and is
concentrated or treated in such a manner so as to result in a concentration
of total suspended solids between 5,000 mg/L and 24,999 mg/L the measurement
of such total suspended solids being performed by Township staff.
Sanitary and/or industrial wastes carried either separately
or in combination.
A pipe or conduit for carrying sewage.
Is mandatory, "may" is permissive.
All industrial users that are regulated by categorical pretreatment
standards or any industrial user of the Township's Wastewater Treatment
Facility who has a discharge flow of 25,000 or more of process wastewater
per average work day or contributes a process wastestream 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 Township, 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).
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.
[Amended 10-28-2010 by Ord. No. 2010-08]
The following are the criteria used to determine
SNC:
Violations of wastewater discharge limits:
Chronic violations: 66% or more of the measurements exceed,
in a six-month period, the same daily maximum limit, average limit
or instantaneous limit (any magnitude of exceedence) of a pretreatment
standard or requirement.
Technical review criteria (TRC) violations: 33% or more of the
measurements exceed, in a six-month period, the same daily maximum
limit, average limit or instantaneous limit by more than the TRC (any
magnitude of exceedence) of a pretreatment standard or requirement.
Any other violation 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 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 Township
considers to be significant.
For an industrial user that is in SNC, the Township
must report the information to the approval authority as part of the
pretreatment performance summary of industrial user noncompliance,
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.
All waste generators that are regulated by categorical pretreatment
standards or any waste generator who has a discharge frequency, flow
or character that is found by the Township, EPA or DEP to have significant
impact on the wastewater treatment facility (either its operational
efficiency, effluent quality or quality of the sludge produced by
said facility), either potential or realized, either singly or in
combination with other wastes entering the wastewater treatment facility.
Any pollutant (including, but not limited to, BOD5, the total suspended solids, other conventional pollutants
and toxics) released in a discharge at a flow rate and/or pollutant
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 or trucked
industrial wastes as determined by an acceptable method referenced
in 40 CFR, Part 136, and amendments thereto, or by any other method
approved by 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 EPA.
The point of connection of the public service lateral and
the private service lateral. The transition joint is usually apparent
by the junction of pipes of different materials or diameters. In the
absence of a clearly defined transition joint, a Township representative
will determine the location of the transition joint. The transition
joint will normally be within nine feet of the curbline.
Any liquid, gaseous or waterborne wastes from industrial or commercial establishments or leachate from sanitary landfills or wastes having those characteristics of unacceptable wastes enumerated in § 265-5 of this article, as distinct from sanitary sewage, holding tank wastes and septage, that are transported by vehicle and discharged to the public sanitary sewage system.
The Township of Springettsbury, York County, Pennsylvania.
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 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 parameter referenced
in this definition shall be made in accordance with the methods listed
in 40 CFR, Part 136, and amendments thereto, 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
Environment Federation or Methods of Chemical Analysis of Water and
Wastes, published by the EPA or by any other method approved by EPA.
Any person who contributes, causes or permits the contribution
of sewage into the Township's public sanitary sewage system.
Any sewage, trucked industrial waste, holding tank waste
or septage discharged to the Township public sanitary sewage system.
Any generator of truck industrial waste.
A person licensed by the Township to transport and discharge
approved holding tank waste, septage trucked industrial waste or waste
generated at a commercial establishment at the Township Wastewater
Treatment Facility.
A license issued to a waste hauler by the Township in accordance with § 265-4G of this article.
The permit issued by the Township to a significant waste generator for a particular trucked industrial waste pursuant to § 265-4G of this article.
The wastewater treatment plant, including all machinery,
equipment, land, buildings and appurtenant facilities operated by
the Township's Department of Wastewater Treatment.
[Amended 8-9-1979 by Ord. No. 1979-03; 12-1-1983 by Ord. No. 1983-08A; 12-26-1991 by Ord. No. 1991-17; 3-26-1998 by Ord. No. 1998-05; 1-9-2003 by Ord. No. 2003-01]
A.
All persons owning any occupied building now erected
and all persons erecting any new building intended for occupancy within
the Township accessible to the public sanitary sewage system shall,
at their own expense, make connection of such buildings with the public
sanitary sewage system.
B.
Where a building required to be connected to the public sanitary sewage system by Subsection A of this section is accessible to an existing sanitary sewer, such connection shall be made within 60 days following receipt of written notice from the Township to make such connection.
C.
Where a building required to be connected to the public sanitary sewage system by Subsection A of this section becomes accessible to a newly constructed sanitary sewer, such connection shall be made within six months following receipt of written notice from the Township to make such connection.
D.
All connections to the public sanitary sewage system
shall be made in accordance with applicable Township ordinances.
E.
No privy vault, cesspool, septic tank, mine hole or
similar receptacle for human excrement shall presently or at any time
hereafter be connected with the public sanitary sewage system.
F.
When connection of an occupied building not previously
connected to the public sanitary sewage system is required by virtue
of either new construction or a newly installed sewer, the transition
joint or connection shall be made at a point determined by the Township.
Normally this connection will be within nine feet of the street curb
and/or property line. A cleanout as specified by the Township shall
be installed immediately adjacent to and on the private service lateral
side of the transition joint.
G.
The replacement, repair and maintenance of the private
service lateral serving any occupied building shall in all events
be the responsibility of the owner. The replacement, repair and maintenance
of the public service lateral, including the transition joint serving
any occupied building shall be the responsibility of the Township
with the following exceptions:
(1)
The Township shall in no event be responsible for
damage to or blockage of a public service lateral if such damage or
blockage is caused by the actions of the owner or his agent.
(2)
The Township shall in no event be responsible for
damage to or blockage of a public service lateral or private service
lateral caused by tree roots, whether the tree be located within the
street right-of-way or upon private property. Repair of such damage
or blockage shall be the owner's responsibility.
H.
When connection of an occupied building not previously
connected to the public sanitary sewage system is required by virtue
of either new construction or a newly installed sewer, the owner shall
install a cleanout as specified by the Township immediately adjacent
to the transition joint. When it is necessary for the Township to
repair a public service lateral and no cleanout exists, the Township
shall install a cleanout at the transition joint as necessary.
[Amended 12-26-1991 by Ord. No. 1991-17; 3-26-1998 by Ord. No. 1998-05; 1-9-2003 by Ord. No. 2003-01]
A.
General. The economy and desirability of the combined
treatment of industrial wastes, holding tank wastes, trucked industrial
wastes and sanitary sewage is recognized. In general, any and all
industrial wastes, holding tank wastes, trucked industrial wastes
and septage may be discharged to the public sanitary sewage system
except those that are deemed harmful to the system or are specifically
prohibited by this article. 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.
In addition, the acceptance of trucked wastes, including those described
as holding tank wastes, septages and trucked industrial wastes is
based solely on the ability of the wastewater treatment facility to
assimilate those wastes without potential for interference or pass-through.
If and when the Township determines that the acceptance of any trucked
waste has a potential to cause interference or pass-through, the Township
may deny the discharge of said waste without any prior notice to the
licensed waste hauler or waste generator regardless of permits or
licenses held by the waste hauler or waste generator.
B.
Harmful wastes. The Township reserves the right to
refuse connection to the public sanitary sewage system for the discharge
of deleterious industrial wastes, to refuse the discharge of any trucked
industrial waste, holding tank waste or septage, 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 Township Supervisors or
their designated representative.
C.
Harmful characteristics. In general, wastes shall
be considered harmful to the public sanitary sewage system if it may
cause any of the following damaging effects:
(1)
Chemical reaction, either directly or indirectly,
with the materials of construction of the public sanitary sewage system
in such a manner to impair the strength or durability of any sewer
system structures.
(2)
Mechanical action that will destroy any sewer system
structures.
(3)
Restriction of the hydraulic capacity of any sewer
system structures.
(4)
Restriction of the normal inspection or maintenance
of any sewer system structures.
(5)
Danger to public health and safety.
(6)
Obnoxious conditions inimical to the public interest.
[Amended 8-11-1978 by Ord. No. 1978-06; 12-1-1983 by Ord. No. 1983-08A; 12-26-1991 by Ord. No. 1991-17; 3-26-1998 by Ord. No. 1998-05; 1-9-2003 by Ord. No. 2003-01]
A.
Industrial user permits.
(1)
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 article shall obtain an industrial user permit within 90 days
after the effective date of this article. The users required to apply
for an industrial user permit shall complete and file with the Township
an industrial user permit application form approved by the Township,
accompanied by a nonrefundable processing fee to be set through a
resolution by 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 10-28-2010 by Ord. No. 2010-08]
(a)
Name, address, location, phone number.
(b)
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1987.
(c)
Name of responsible individual.
(d)
Wastewater constituents and characteristics,
before and after pretreatment, as determined by a reliable analytical
laboratory.
(e)
Time and duration of contribution.
(f)
Average daily wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(g)
Site plans, plumbing plans and details to show
all sewers, sewer connections and appurtenances by the size, location
and elevation.
(h)
Description of activities and plant processes
on the premises, including all materials which are or could be discharged.
(i)
Where known, the nature and concentration of
any pollutants in the discharge which are limited by the 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
and M) and/or additional pretreatment is required for the user to
meet applicable pretreatment standards.
(j)
If additional pretreatment and/or O and 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.
(k)
Number and type of employees and hours of operation
of plant and proposed or actual hours of operation of pretreatment
system.
(l)
Any other information as may be deemed by the
Township to be necessary to evaluate the permit application.
(2)
The completed application shall be signed by the user's
responsible individual whose signatures shall be acknowledged by a
notary public. The 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, the 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 this section.
B.
Commercial/industrial discharge permits. When required by the Township, industrial and commercial users shall obtain a commercial/industrial discharge permit. After reviewing the industrial user permit application form referenced in Subsection A, the Township may decide to issue a commercial/industrial discharge permit in accordance with guidelines determined by Township staff.
C.
Waste hauler licenses.
(1)
All persons desiring to transport and discharge holding
tank waste, septage or trucked industrial waste to the wastewater
treatment facility shall first make application with the Township
for a waste hauler license application form approved by the Township.
No trucked waste shall be discharged to any discharge point in the
public sanitary sewage system except to those specifically designated
by the Township. The persons required to apply for a waste hauler
license shall complete and file with the Township a waste hauler license
application form approved by the Township, accompanied by a nonrefundable
processing fee to be set through a resolution by the Board of Supervisors.
In support of the application, the person shall submit, in units and
terms appropriate for evaluation, the following information including,
but not limited to:
(a)
Name, address, location, phone number.
(b)
Vehicle information, including make, year, model,
license tag number, waste volume capacity and the total number of
vehicles owned. This information will be used for the issuance of
vehicle stickers according to Township guidelines.
(c)
A description of the wastes that will be transported
and discharged to the wastewater treatment facility.
(d)
A list of permits held by the applicant for
the generation, transportation or disposal of wastes.
(e)
An estimate of the total maximum volume of waste
to be transported and discharged daily at the wastewater treatment
facility.
(2)
The completed application shall be signed by the applicant's
responsible individual. The Township shall evaluate the data for completeness
and may require additional information. After evaluation and acceptance
of the data furnished as a complete application, the Township may,
at is sole discretion, either refuse to issue or may issue a waste
hauler license subject to terms and conditions provided herein.
D.
Waste permits.
(1)
All waste generators proposing to dispose of trucked
industrial waste at the wastewater treatment facility shall make application
with the Township for a waste permit for each proposed trucked industrial
waste, accompanied by a nonrefundable processing fee to be set through
a resolution by the Board of Supervisors. In support of the application,
the waste generator shall submit, in units and terms appropriate for
evaluation, the following information including, but not limited to,
the following:
(a)
Name, address, location, phone number of the
waste generator and name of the waste generator's responsible individual.
(b)
Name, address, location, phone number and name
of the responsible individual of the licensed waste hauler designated
to transport and discharge the waste.
(c)
SIC number of the waste generator, according
to the Standard Industrial Classification Manual, Bureau of the Budget,
1987.
(d)
Wastewater constituents and characteristics,
before and after pretreatment, as determined by a reliable analytical
laboratory.
(e)
Requested discharge rate.
(f)
Waste generator site plans, plumbing plans and
details to show all process waste production areas by size and location.
(g)
Description of activities and plant processes
on the premises, including all materials which are or could be discharged.
(h)
Where known, the nature and concentration of
any pollutants in the discharge which are limited by the Township,
state or federal pretreatment standards and a statement regarding
whether or not the pretreatment standards are being met on a consistent
basis.
(i)
Any other information as may be deemed by the
Township to be necessary to evaluate the permit application.
(2)
The completed application shall be signed by the waste
generator's responsible individual and the waste hauler's responsible
individual, whose signatures shall be acknowledged by a notary public.
The Township shall evaluate the data furnished for completeness and
may require additional information. After evaluation and acceptance
of the data furnished as a complete application, the Township may,
at its sole discretion, either refuse to issue or may issue a waste
permit to the waste generator subject to terms and conditions provided
herein.
E.
Terms and conditions of industrial user permits.
(1)
Industrial user permits shall contain at least the
following terms and conditions:
[Amended 10-28-2010 by Ord. No. 2010-08]
(a)
Maximum
discharge flow rate.
(b)
Term
of permit.
(c)
Statement
of nontransferability.
(d)
Definitions.
(e)
Effluent
limits, including best management practices (if necessary), based
on applicable pretreatment standards.
(f)
General
limitations.
(g)
Specific
limitations.
(h)
Special
conditions.
(i)
Self-monitoring
and reporting requirements (including sampling, reporting, notification
and recordkeeping).
(j)
Notification
requirements for slug discharges.
(k)
Statement
of applicable civil and criminal penalties.
(l)
Reopener
clause.
(m)
Compliance schedules (if required).
(2)
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 be set through a resolution by the Board of Supervisors.
The terms and conditions of the permit may be subject to modification
by the Township 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.
F.
Terms and conditions of commercial/industrial discharge
permits.
(2)
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
the Board of Supervisors. The terms and conditions of the permit may
be subject to modification by the Township during the term of the
permit to accommodate changing conditions and as local, state and
federal laws, rule 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.
G.
H.
I.
Industrial user permit, waste hauler license and waster
permit transfer. Industrial user permits are issued to a specific
user for a specific operation. Waste hauler licenses are issued to
a specific person for one or several waste types and sources. Waste
permits are issued to a specific waste generator for a specific waste
utilizing a specific operation. An industrial user permit, waste hauler
license or waste 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 the Township. Any succeeding owner or user
shall also comply with the terms and conditions of the existing permit
or license.
J.
Permit and license revocation. Industrial user permits shall be subject to revocation according to the provisions outlined in § 265-6 of this article. Waste hauler licenses shall be subject to revocation according to the provisions outlined in § 265-6 of this article. Waste permits shall be subject to revocation according to the provisions outlined in § 265-6 of this article.
K.
Discharge scheduling. Whenever the Board of Supervisors
deems it advantageous to the Township 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, the Board of Supervisors 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 Township 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
pursuant to this article.
L.
Confidential information. Information and data on
a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permits and monitoring programs
and from the Township's inspection and sampling activities, shall
be available to the public without restriction, unless the user specifically
requests, in writing, and is able to demonstrate to the satisfaction
of the Township, that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets under applicable federal or state law. Any such request
must be made in writing and asserted at the time of submission of
the information or data. When requested and demonstrated by the user
furnishing a report that such information should be held confidential,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public,
but shall be made available immediately upon to the Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection for uses related to the NPDES program or pretreatment program
and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other "effluent
data" as defined by 40 CFR Part 2.302 shall not be recognized as confidential
information and shall be available to the public without restriction.
M.
New or increased contributions. All industrial users,
waste haulers or waste generators shall promptly notify the pretreatment
administrator prior to any changes in the volume of 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. The Township reserves the right to deny the admission
of or to require the pretreatment of all discharges to the public
sanitary sewer system.
N.
Indemnification. While performing the necessary work
on private properties, the wastewater treatment plant operators or
duly authorized employees of the Township shall observe all safety
rules applicable to the premises established by the user. The user
shall be held harmless for injury or death to the Township employee
and the Township shall indemnify the user against the loss or damage
to its property by Township employees and against liabilities, claims
and demands for personal injury or property damage asserted against
the user and growing out of the gauging and sampling operations, except
such as may be caused by negligence or failure of the user to maintain
safe conditions.
[Amended 8-27-1973 by Ord. No. 1973-09; 12-11-1975 by Ord. No. 1975-10; 3-10-1977 by Ord. No. 1977-01; 4-12-1979 by Ord. No. 1979-02; 5-27-1982 by Ord. No. 1982-04; 12-1-1983 by Ord. No. 1983-08A; 12-26-1991 by Ord. No. 1991-17; 3-26-1998 by Ord. No. 1998-05; 1-9-2003 by Ord. No. 2003-01]
A.
Unpermitted discharge. No waste from any significant industrial user other than that for which an industrial user permit has been issued shall be discharged to the public sanitary sewage system. No holding tank waste, septage or trucked industrial waste from any waste hauler who does not possess a valid waste hauler license issued by the Township in accordance with § 265-4 of this article shall be discharged into the public sanitary sewage system. No trucked industrial waste other than that for which a waste permit has been issued by the Township in accordance with § 265-4 of this article shall be discharged to the public sanitary sewage system.
B.
General prohibitions. No person shall discharge to
the public sanitary sewage system any of the following:
(1)
Any waste discharged at a flow rate that could cause
interference or pass-through, alone or in conjunction with a waste
or wastes from other sources.
(2)
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 Township reserves
the right to define the amount it deems excessive in each particular
instance.
(3)
Unpolluted stormwater in any amount.
(4)
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 article or as a partial or complete substitute
for adequate pretreatment.
(5)
Garbage, unless the same is first properly shredded
by a device or equipment designed for that purpose.
(6)
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, explosions or be in any other way injurious
to persons, structures or the facilities of the public sanitary sewer
system.
(7)
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.
(8)
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
sewage system.
(9)
Wastes containing gases or vapor, either free or occluded,
in concentrations toxic or hazardous to humans or animals.
(10)
Wastes containing toxic radioactive isotopes.
(11)
Any waste containing toxic substances in quantities
sufficient to cause interference or pass-through at the wastewater
treatment facility.
(12)
Any sewage with objectionable color not removed by
the treatment process such as, but not limited to, dye wastes and
vegetable tanning solutions.
(13)
Any biological hazards including, but not limited
to, unsterilized pathological material from hospitals or private laboratories.
(14)
Any harmful waste as described in this section.
(15)
Petroleum oil, nonbiodegradable cutting oil or products
of mineral oil origin in amounts causing interference or pass-through
at the wastewater treatment facility.
(16)
Trucked wastes, except at points designated by the
Township.
(17)
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.
(18)
Any
chemicals, enzymes, emulsifiers, live bacteria or other grease cutters
or additives.
[Added 10-28-2010 by Ord. No. 2010-08]
C.
Specific prohibitions. No person shall discharge to
the public sanitary sewer system any sanitary sewage, industrial wastes
or trucked industrial waste containing the following measured pollutants:
(1)
Wastes containing insoluble, nonflocculent substance
having a specific gravity in excess of 2.65.
(2)
Wastes containing soluble substances in such concentrations
as to cause the specific gravity of the waste to be greater than 1.1.
(3)
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 Township.
(4)
Wastes containing more than 10 mg/L of free chlorine.
(5)
Any waste which shall cause the wastewater treatment
facility influent to exceed 104º F. (40º C.) or will inhibit
the biological activity of the treatment system.
(6)
Waste 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.
(7)
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 10-28-2010 by Ord. No. 2010-08]
(8)
Wastes having a closed cup flash point of less than 140º Fahrenheit 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 § 265-4D of this article 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 zero - 99% LEL.
(9)
Any wastes which contain the following substances
in solution or suspension in concentration exceeding those presented
in the following table:
[Amended 10-28-2010 by Ord. No. 2010-08]
|
Substance
|
Daily Composite
(milligrams per liter)
|
Grab Sample
(milligrams per liter)
| |
|---|---|---|---|
|
Arsenic (As)
|
0.75
| ||
|
Cadmium (Cd)
|
0.02
| ||
|
Chromium (Cr)
|
.08
| ||
|
Copper (Cu)
|
1.4
| ||
|
Cyanide (Total)
|
NA
|
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
|
D.
Individual control limits. If the Township determines
that a waste from any significant industrial user or significant waste
generator poses a unique potential for pass-through or interference
due to the quantity or quality of the discharge, the Township shall
place special requirements or limits, in excess of those contained
in this article, in any industrial user permit or waste 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
(TREE's), hazardous waste disposal plans, slug control discharge plans
or specific numerical limitations on substances.
E.
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 10-28-2010 by Ord. No. 2010-08]
(1)
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.
(2)
All licensed waste haulers transporting and discharging
wastes to the wastewater treatment facility shall collect a grab sample
of waste from each load of waste that is representative of the entire
load. This sample shall be submitted to the Township in accordance
with procedures outlined in each waste license.
(3)
The sampling procedure for the determination of unacceptable sanitary sewage and industrial waste specified in this section shall be as follows. The remaining substances referenced in Subsection C, (Specific prohibitions), shall be by a daily composite sample, except for those parameters listed under Subsection C that may be determined by either a daily composite sample or a grab sample (subject to the concentrations stated for each type of sample).
(a)
Oil and grease.
(b)
Free chlorine.
(c)
Temperature.
(d)
Closed-cup flashpoint.
(e)
pH.
(f)
Total cyanide.
(g)
Phenols.
(h)
1,1,1-Trichloroethane.
(i)
Chloroform.
(j)
Trichloroethylene.
(k)
Tetrachloroethylene.
(l)
Toluene.
(m)
Ethylbenzene.
(n)
Benzene.
(o)
Vinyl chloride.
(p)
Carbon tetrachloride, which shall be by grab
sample only.
(4)
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 C(9) 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 C(9) of this section that do not have daily composite limitations. Waste samples collected to determine compliance with the provisions of this section shall be taken at the manhole or metering chamber referred to in this section, or in the absence of such manhole or metering chamber, at such place at the Township shall determine will provide a representative sample of the discharge or at any other place mutually agreed upon by the Township and the user.
(5)
Trucked industrial waste samples shall be collected
by the licensed waste hauler or by the Township as a representative
grab sample from each load discharged at the wastewater treatment
facility. Limits applicable to trucked industrial waste shall be the
grab sample limits referenced in this section.
F.
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.
[Amended 12-1-1983 by Ord. No. 1983-08A; 12-26-1991 by Ord. No. 1991-17; 3-26-1998 by Ord. No. 1998-05; 1-9-2003 by Ord. No. 2003-01; 12-11-2003 by Ord. No. 2003-18]
A.
Enforcement response. Enforcement actions taken by
the Township shall be consistent with an enforcement response plan
maintained at the wastewater treatment facility.
B.
Notice of violation. Whenever the pretreatment administrator
finds that any user or waste hauler or waste generator has violated
any provisions of this article or an industrial user permit, a commercial/industrial
discharge permit, a waste hauler license, a waste permit, an order
or a compliance schedule the pretreatment administrator or his duly
authorized representative may serve upon said user a written notice
of violation. If required by the 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 receipt
of the notice. Submission of this plan in no way relieves the user
of liability for any violation occurring before or after receipt of
the notice of violation.
C.
Compliance schedule. When required by the pretreatment
administrator, compliance schedules must be developed by existing
or new 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. 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 article.
D.
Administrative fine. Notwithstanding any other section
of this article, any user or waste hauler or waste generator who is
found to have violated any provision of this article or an industrial
user permit or a commercial/industrial discharge permit or a waste
hauler license or a waste 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 the Springettsbury Township
WWTF. The 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 10-28-2010 by Ord. No. 2010-08]
(1)
Any user or waste hauler or waste generator that desires
to dispute such fine must file a request before the Township to reconsider
the fine within 10 working days of being notified of the fine. The
Springettsbury Township Wastewater Treatment Facility 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 the 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.
(2)
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.
E.
Administrative order (AO). When the Township finds
that a user has violated or continues to violate any provisions of
this article, permit or order issued hereunder, or any other pretreatment
standard or requirement, the 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 the Township. If the user does not come
into compliance within the specified time period, 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.
F.
Injunctive relief. Whenever a user has violated or
continues to violate the provisions of this article, 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 the Township
as a result of this petition as it has to collect other sewer service
charges, including a request for payment of costs and attorneys' fees
as may be authorized by law.
[Amended 10-28-2010 by Ord. No. 2010-08]
G.
Industrial user permit or commercial/industrial discharge
permit revocation.
(1)
Any user who violates any of the following conditions
of this article, of an industrial user permit, or of a commercial/industrial
discharge permit or of any order may be subject to the revocation
of its permit:
(a)
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
(b)
Failure of a user to report significant discharges
in wastewater constituents or characteristics.
(c)
Refusal of reasonable access to the user's premises
for the purposes of inspection or monitoring.
(d)
Violation of the conditions of the permit.
(2)
The Township shall not revoke an industrial user permit
or commercial/industrial discharge permit without first allowing the
noncompliant user the opportunity to show cause under this section
why the proposed action should not be taken. Before any further discharge
of wastewater may be made by a user whose permit has been revoked,
the user must apply for, and be granted, a reinstatement of the revoked
permit or a new permit, as the Township may require, and pay all delinquent
fees, charges and costs occasioned by the violation, in accordance
with all conditions set forth in this article and the procedural guidelines
recorded and available at the wastewater treatment facility. 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 have made prior arrangements with the Township,
on a payment plan approved by the Township.
H.
Waste hauler license revocation. Any waste hauler
who violates any provision of this article or of their waste hauler
license or of a waste permit held by the waste hauler or of any additional
requirements set by the Township, may be subject to immediate license
revocation. In addition, the Township may immediately and without
notice revoke any waste hauler license if the Township determines
that the acceptance of the waste is detrimental to the overall operation
of the wastewater treatment facility.
I.
Waste permit revocation. Any waste generator who violates
any provision of this article or of their waste permit or of any additional
requirements set by the Township may be subject to immediate permit
revocation. In addition, the Township may immediately and without
notice revoke any waste permit if the Township determine that the
acceptance of the waste is detrimental to the overall operation of
the wastewater treatment facility.
J.
Show cause hearing. The pretreatment administrator
may order any user which causes or contributes to a violation of this
article 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 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 user appears as noticed, immediate
enforcement action may be pursued.
K.
Emergency response. The pretreatment administrator
may suspend the wastewater treatment service and/or industrial use
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, wastewater treatment facility or the environment.
(1)
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 a 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, its receiving stream or endangerment to any individuals.
The pretreatment administrator shall allow the user to recommence
its discharge when the endangerment has passed, unless the permit
revocation proceedings set forth in this section are initiated against
the user.
(2)
Any user which is responsible, in whole or in part,
for imminent danger 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 section.
L.
Criminal penalties.
(1)
Any person, firm or corporation, with or without notice,
who shall violate any provisions of this article, an industrial user
permit, a commercial/industrial discharge permit, a waste hauler license,
a waste permit or order and if such person violating the provisions
of this article shall be a partnership, then the members thereof,
or if such person be a corporation or association, then the officers,
members, agents servants or employees thereof, upon conviction thereof
in an action brought before a district justice 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 article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
(2)
The pretreatment department may recover reasonable
legal fees, court costs and other expenses associated with enforcement
activities, including sampling and monitoring expenses and the cost
of any actual damages incurred by the Township.
M.
Public notification. The Township shall, at least
annually, publish in the largest daily newspaper distributed in the
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.
N.
Civil penalties and costs.
(1)
Any person who shall violate the provisions of this
article, any permit issued pursuant to this article or any regulation
adopted under this article may, after notice and hearing as hereinafter
provided, be assessed a civil penalty for such violation and, in addition
to such penalty, be assessed the cost of any damages caused by the
violation or the cost of correcting such violation.
(2)
Before assessing a civil penalty or costs, the Township
shall provide the violator with a written notice of the 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 10-28-2010 by Ord. No. 2010-08]
(3)
The Township shall assign a representative to hold
the assessment hearing who will normally be the Township's Director
of Wastewater Treatment. In no event shall the pretreatment administrator
act as the hearing officer.
(4)
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.
(5)
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 the Township's pretreatment standards and/or
the requirements of the 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 10-28-2010 by Ord. No. 2010-08]
(a)
The willfulness of the violation.
(b)
Damages to air, water, land or other natural
resources or their user.
(c)
Cost of restoration and abatement.
(d)
Savings resulting to the person in consequence
of the violation.
(e)
Deterrence of future violations.
(f)
History of past violations.
(g)
Other relevant factors.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
(6)
If a person against whom a civil penalty of costs has been assessed fails to pay the amount assessed in full or appeal the assessment de novo as provided in Subsection N(7) 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.
(7)
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 Board of Supervisors for a hearing under the Local
Agency Law. 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 the 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 the 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.
(8)
In any case where the Township determines that the
violation is of a continuing nature, the 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.
(9)
All civil penalties and costs assessed pursuant to
this subsection shall be payable to the Township 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 my accrue, shall constitute a judgement in favor of the 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.
O.
Fines and civil penalties collected. All fines and civil penalties collected pursuant to Subsection L or N of this section shall be placed in a restricted account and shall only be used for the repair of damage or mitigation of threats to the public health, to pay any penalties imposed on the Township by the federal or state governments for violation of pretreatment standards, for costs incurred to investigate and take enforcement actions and for the administration of this article and the Sewage Facilities Act.
[Amended 12-26-1991 by Ord. No. 1991-17; 3-26-1998 by Ord. No. 1998-05; 1-9-2003 by Ord. No. 2003-01]
A.
Self Monitoring Report (SMR). The Township shall require
all significant industrial users and all significant waste generators
to submit to the Township's pretreatment administrator during the
months of June and December, unless required more frequently by the
pretreatment administrator, a report on a form supplied by the Township,
indicating the concentration of pollutants in the effluent or generated
waste which are of particular concern to the Township and which are
limited by this article. 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.
(1)
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
department 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.
(2)
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).
B.
Baseline monitoring report. 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 Part 403.6(a)(4), whichever is later, existing significant
industrial users and significant waste generators subject to such
categorical pretreatment standards, and currently discharging to or
scheduled to discharge to the POTW, shall be required to submit to
the Township a report which contains the information listed under
this section. 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 the 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 wastewater formula set out in 40 CFR
Part 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 the 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 § 265-5 of this article.
(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 and M) and/or additional pretreatment is required
to meet the pretreatment standards and requirements.
(7)
Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. The completion date of 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 § 265-6 of this article.
(8)
All baseline monitoring reports must be signed and
certified in accordance with this section.
C.
Compliance schedule progress report. The following
conditions shall apply to the schedule required under this section.
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. The user shall
submit a progress report to the 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 the Township.
D.
Ninety-day compliance report. All industrial users
or waste generators 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 § 403.12(b)(4)-(6). Industrial
users or waste generators subject to equivalent mass or concentration
limits established in accordance with 40 CFR § 403.6(c),
must include in the report a reasonable measure of the user's long
term production rate.
E.
Signatory requirements. All reports submitted pursuant
to the requirements outlined in this article, 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.
F.
Certification requirements. All reports referenced in this section, as well as industrial user permit applications, waste permit applications and waste hauler license applications submitted pursuant to § 265-4 of this article, 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."
|
G.
Notification of spills and slug loads. All users shall
notify the 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 article. All
licensed waste haulers or permitted waste generators shall notify
the Township in advance of the discharge of a waste that is of a strength
or character unusual for the hauler or generator or that is in violation
of the hauler's license or generator's permit or any other regulations
set forth in this article. 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 10-28-2010 by Ord. No. 2010-08]
H.
Hazardous waste discharges. Any 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, Part 261, the EPA hazardous waste number and
the type of discharge (continuous, batch or other). If the user discharges
more than 100 kilograms of such waste 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 user.
An identification of the hazardous constituents contained in the waste,
an estimation of the mass and concentration of such constituents in
the wastestream discharged during the calendar month and an estimation
of the mass of constituents in the wastestream expected to be discharged
during the following 12 months.
(1)
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 under this section.
(2)
Dischargers are exempt from the hazardous waste notification
requirements during a calendar month for which they discharge no more
than 15 kilograms of hazardous waste, unless the wastes are acute
hazardous wastes as specified in 40 CFR Parts 261.30(d) and 261.33(e),
discharge of more than 15 kilograms on nonacute hazardous wastes in
a calendar months or of any quantity of acute hazardous wastes as
specified in 40 CFR Parts 261.30(d) and 261.33(e) require a one-time
notification.
(3)
Subsequent months during which the user discharges
more than such quantities of any hazardous wastes do not require additional
notification.
(4)
In the case of any new regulations under § 3001
of the Resource Conservation and Recovery Act (RCRA) identifying additional
characteristics of hazardous wastes or listing any additional substances
as hazardous wastes, 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 10-28-2010 by Ord. No. 2010-08]
(5)
In the case of any notification under this section,
the 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.
I.
Notice to employees. In order that employees of industrial
users and significant waste generators be informed of the requirements
of this article, industrial users and significant waste generators
shall make available to their employees copies of these regulations
and any other wastewater information and notices which may be furnished
by the Township directed toward more 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.
J.
Right-of-access. The wastewater treatment plant operators
and other duly authorized employees of the Township bearing proper
credentials and identification shall be allowed to enter all properties
and waste transportation vehicles for the purpose of inspection, observation,
measurement, sampling and testing in accordance with the provisions
of this article. The Township shall inspect all significant industrial
users and all significant waste generators at least once per year.
K.
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.
The 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 10-28-2010 by Ord. No. 2010-08]
L.
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 article if the federal standards are more stringent than the limitations imposed under this article. 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.[1]
[Amended 10-28-2010 by Ord. No. 2010-08]
[1]
Editor's Note: See 33 U.S.C. § 1317.
M.
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 article
if the state standards are more stringent than federal limitations
or requirements or the limitations and requirements imposed under
this article.
N.
General pretreatment facility management requirements.
All users shall install and operate, at his own expense, any pretreatment
facility that, in the opinion of the Township, is necessary for the
proper handling of wastes. Such facilities shall be of a type and
capacity approved by the Township and shall be located as to be readily
and easily accessible for maintenance by the user and for inspection
by the Township. All plumbing appurtenances and grease trap installations
shall conform to the most recent UCC Code requirements as may be amended.
[Amended 12-11-2003 by Ord. No. 2003-18]
O.
Pretreatment facility requirements. Pretreatment facilities
including, but not limited to, grease traps, shall be provided by
a user when, in the opinion of the 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 the 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 his own expense, and shall be
kept in continuous and efficient operation at all times.
P.
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 or volume of its wastewater, or constitute a slug load as defined in § 265-1 of this chapter, at least 45 days before the change.
[Amended 10-28-2010 by Ord. No. 2010-08]
[Amended 11-26-1975 by Ord. No. 1975-09; 5-24-1984 by Ord. No. 1984-06B; 12-14-1995 by Ord. No. 1995-18; 12-11-1997 by Ord. No. 1997-25; 12-11-2003 by Ord. No. 2003-18; 12-13-2007 by Ord. No. 2007-18]
B.
Apartment-office use. The quarterly sewer service
charges for each unit of apartment-office use within the Township
shall be the sum of an amount to be established from time to time
by resolution of the Township Board of Supervisors, for each unmetered
unit or, if metered for water consumption, a minimum in an amount
to be established from time to time by resolution of the Township
Board of Supervisors.
[Amended 10-28-2010 by Ord. No. 2010-08]
C.
Commercial use. The quarterly sewer service charges
for each unit of commercial use within the Township shall be the sum
of an amount to be established, from time to time, by resolution of
the Township Board of Supervisors for each unmetered unit, or if metered
for water consumption, a minimum amount to be established, from time
to time, by resolution of the Township Board of Supervisors.
D.
Industrial use. The quarterly sewer service charges
for each unit of industrial use within the Township shall be the sum
of an amount to be established, from time to time, by resolution of
the Township Board of Supervisors for each unmetered unit, or if metered
for water consumption, a minimum in an amount to be established, from
time to time, by resolution of the Township Board of Supervisors.
All bills for service charges shall be due when
rendered and shall be subject to the penalty provisions set forth
in this article. Owners and, where adequate arrangements have been
made with the Township, users shall be billed periodically for the
sewage service charges in accordance with the billing practices of
the Township.
The measurement by two or more meters of the
quantity of water used in or on one property by one owner or user
may be combined and the service charge billed to such owner or user
as though the quantity of water was measured by one meter if the Township
so elects.
In the event an owner or user obtains part or
all of the water used in or on a property from sources other than
the water company, such owner or user may, after written approval
from the Township, at no expense to the Township or the water company,
install and maintain a water meter or meters satisfactory to the Township
for measuring all water used other than that obtained from the water
company and the quantity of water used to determine the sewage service
charges shall be the quantity of water measured by all such meters
plus the quantity of water obtained from the water company. In lieu
of such additional meters, the Township may establish a flat rate
charge which shall be applicable to such nonmetered water usage.
A.
In the event it is established to the satisfaction
of the Township that a portion of the water used in or on any property
served by the public sanitary sewage system does not and cannot enter
such system, and in the event that the total water used in or on such
property exceeds 100,000 gallons per quarter, or exceeds 400,000 gallons
per year, the Township may determine, in such manner and by such methods
as it may deem practical, the percentage of the water entering the
public sanitary sewage system, or the Township may require or permit
the installation of additional meters in such manner as to determine
either the quantity of water excluded from the public sanitary sewage
system or the quantity of water, sewage or industrial waste actually
entering the public sanitary sewage system, exclusive of stormwater
runoff. In such case, the sewage service charge shall be based upon
the quantity of water estimated, measured or computed by the Township
to be actually entering the public sanitary sewage system, exclusive
of stormwater runoff, and such quantity shall be subject to the sewage
service charges set forth in this article.
[Amended 10-28-2010 by Ord. No. 2010-08]
B.
Any person requesting consideration for a reduction
of the amount of the sewage service charges because of water not entering
the public sanitary sewage system shall make written application to
the Township for such consideration, giving the name of such person,
his address and setting forth supporting data fully describing other
sources of water, if any, as well as the disposition of water alleged
not to be entering the public sanitary sewage system. The application
shall be accompanied by a sketch to approximate scale showing the
plan of the property, the water distribution system, sewer layout,
existing meters and proposed meters in the scheme to determine the
quantity of flow entering, or not entering, the public sanitary sewage
system. The cost of furnishing, installing and maintaining any meters
other than those utilized to measure purchased water from the water
company shall be borne by the applicant. The type, size, location,
arrangement and maintenance of such meters shall be subject to the
approval of the Township.
[Amended 12-1-1983 by Ord. No. 1983-08A; 12-26-1991 by Ord. No. 1991-17; 3-26-1998 by Ord. No. 1998-05; 1-9-2003 by Ord. No. 2003-01]
A.
Surcharges. Although the sewage treatment works will be capable of treating certain industrial wastes and wastes generated from a commercial establishment, 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 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 § 265-8 of this article and shall be payable as herein provided.
B.
Determination of surcharges. The strength of any waste,
the discharge of which is to be subject to surcharge as determined
by this section shall be determined quarterly, or more frequently
as the Township shall determine, from samples taken either at the
manhole or metering chamber referred to herein 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, 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 the 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 set through a resolution
by the Board of Supervisors. 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 sampling and analyses.
C.
Calculation of surcharges. In the event that, after sampling and analysis as prescribed in this section, any waste found by the Township to have pollutants of BOD concentrations in excess of 300 mg/L and or total suspended solids concentration in excess of 350 mg/L and or total phosphate as P concentrations 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 § 265-8 of this article, which surcharge shall be computed using the following formula:
 |
|
Where the concentration of the waste is less than 300 mg/L for BOD or 350 mg/L for total suspended solids or 10 mg/L for phosphate P, the values in brackets for BOD and or total suspended solids and or total phosphate P shall be equal to one. The amount of the strength of waste surcharge shall be computed by multiplying the flat rate of volume charge, as set forth in § 265-8 of this article, for collection, transportation and treatment by the surcharge factor derived above.
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D.
The strength of waste surcharges provided for in this section shall be added to the sewage service charge imposed by the Township under § 265-8 of this article.
E.
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 scheduling to be performed by
the Township. The charge to the significant industrial user for each
scheduled sampling shall be set through resolution by the Board of
Supervisors. The charge to the significant industrial user for each
unscheduled compliance sampling shall be 120% of the cost of each
scheduled sampling.
F.
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 user for each scheduled sampling shall be
set through a resolution by the Board of Supervisors. The charge to
the commercial user for each unscheduled compliance sampling shall
be 120% of the cost of each scheduled sampling.
(1)
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.
(2)
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. Period 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 user within 30 days after the Township identifies a violation of any provision of § 265-5B or C of this article resulting from any scheduled or unscheduled sampling.
G.
Other sampling and testing fees. The 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 resolution set by the Board of Supervisors.
[Amended 12-1-1983 by Ord. No. 1983-08A; 12-26-1991 by Ord. No. 1991-17]
Bills and notices relating to the sewage service
charges, fee for service charges and strength of waste surcharges
set forth in this article will be mailed or delivered to the property
owner's last address or, when proper arrangements have been made with
the Township, to the user's last address as shown on the billing books
of the Township. All such bills shall be due and 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 article
for delinquent payment thereof. The bills shall be payable at the
place or places designated on the bills.
[Amended 11-26-1975 by Ord. No. 1975-09; 12-1-1983 by Ord. No. 1983-08A; 4-11-1985 by Ord. No. 1985-03; 4-24-1986 by Ord. No. 1986-04; 12-26-1991 by Ord. No. 1991-17; 9-14-1995 by Ord. No. 1995-12; 11-20-2002 by Ord. No. 2002-11]
A.
All sewer service charges imposed in § 265-8 of this article shall be billed on January 1, April 1, July 1 and October 1 of each year. Such charges shall be for the calendar quarter beginning on such dates. The charges for apartment, office, commercial and industrial uses shall be based on the amount of water consumed or sewage discharged during the three-month period ending one month prior to the billing date, i.e., the last days of November, February, May and August, respectively.
B.
No discount shall be allowed for the payment of any
sewer service charge bill within any specified period of time.
C.
A penalty of 5% shall be added to the amount due for any service charge if the same remains unpaid on the first day for the month following the billing dates specified in Subsection A of this section.
D.
If any service charge remains unpaid on the first of the month following the billing dates specified in this section, the Township Solicitor is authorized, pursuant to the Pennsylvania Municipal Claims Act, to enter a lien against the real estate which is being serviced by the Township's sewer system in the amount of the charge or the aggregate of charges, penalties, interest, costs and fees as more particularly set forth in Chapter 195, Liens.
E.
Proof of date of payment shall be limited to the date
stamp affixed to the receipt portion of the return portion of the
bill by the Township or its authorized collection agents.
F.
All persons connected to the sewer system shall at
all times provide to the Township the correct mailing address to which
service charge bills are to be sent. Failure to receive service charge
bills shall not be considered an excuse for nonpayment or result in
an extension of time for payment.
G.
When the ownership of property connected to the sewer
system changes, it shall be the responsibility of the person or persons
acquiring the property to cause to be paid at closing all sewer service
charges billed on or before the date of closing. The new owner shall
further, within five days of the date of closing, notify the Township
of the change of ownership.
[Amended 12-1-1983 by Ord. No. 1983-08A;12-26-1991 by Ord. No. 1991-17]
Whenever sewer service to any property begins
after the first day or terminates before the last day of any billing
period, the sewer rental for such property and such period shall be
for that entire period during which the property is served and the
proportioned charge is the responsibility of the new and old property
owner for distribution between them. New connections to the system
shall be billed for the first full quarter served.
[Amended 12-1-1983 by Ord. No. 1983-08A;12-26-1991 by Ord. No. 1991-17]
The rates for the transportation and treatment
of sewage from properties outside the geographical limits of the Township,
including strength of waste surcharge, shall be such amount as the
Board of Supervisors shall have negotiated and agreed, in writing,
with the municipality in which such properties are located.
The rates for the treatment of sewage from properties
outside of the geographical limits of the Township, including strength
of waste surcharge, shall be 115% of the rates set forth herein for
similar users within the Township and shall be billed and collected
and subject to the same discounts, penalties and all other provisions
of this article.
[Amended 3-10-1988 by Ord. No. 1988-01; 12-11-2003 by Ord. No. 2003-18]
Charges for connection to the sewer system in
the Township shall be in an amount to be established, from time to
time, by resolution of the Township Board of Supervisors.
The connection charges imposed by this article
and all penalties and any fines collected by the Township shall be
segregated and kept separate and apart from all other funds of the
Township and shall be used only for the purpose of defraying the expense
of the Township in the operation, maintenance (including insurance),
repair, authorization, inspection, depreciation or other expenses
in relation to the public sanitary sewer system.
