[Adopted 2-14-1995 by Ord. No. 95-1]
The definitions set forth in Article V of this chapter are hereby affirmed and incorporated herein by reference.
The following words and terms, as used in this article, shall have the definitions indicated:
- ACT or THE ACT
- The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
- The Upper Hanover Authority, a Pennsylvania municipality authority.
- CBOD (CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen, utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].
- The Code of Federal Regulations.
- COLLECTION SYSTEM
- The system of public sewers to be located within Upper Hanover Township and operated by the Upper Hanover Authority and located within the public right-of-way or within an easement owned by the Township or the Authority; also called the "public sewage system."
- Equivalent dwelling unit.
- The United States Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of the Agency.
- INDIRECT DISCHARGE
- The discharge or the introduction of pollutants into the sewage treatment plant, including retaining tank waste discharged into the collection system.
- INDUSTRIAL WASTEWATER
- All wastewater other than domestic wastewater; also includes process wastewater.
- The person designated by the Authority to supervise the operation of the sewage treatment plant, and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
- NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
- Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users (40 CFR Chapter 1, Subchapter N, Parts 405-471).
- NPDES PERMIT (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM)
- A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
- Any person vested with ownership, legal or equitable, sole, partial or joint, of any property located in the Township.
- PA DEP
- The Pennsylvania Department of Environmental Protection, or where appropriate, the term may be used as a designation for the administrator or other duly authorized official of the Department.
- The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
- Any dredged spoil, 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.
- The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
- PRETREATMENT or TREATMENT
- The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature 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 a sewage treatment plant. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR 403.6(d).
- PRETREATMENT REQUIREMENTS
- Any substantive or procedural requirement related to pretreatment other than a national pretreatment standard imposed on an industrial user.
- SANITARY SEWER
- A sewer that carries wastewater.
- The Commonwealth of Pennsylvania.
- Any flow occurring during or following any form of natural precipitation and resulting therefrom.
- The Upper Hanover Township Board of Supervisors.
- The Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
- TOXIC POLLUTANT
- Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provision of the Act or other acts.
- Total suspended solids.
- The United States Code.
- Any person who contributes, causes or permits the contribution of wastewater into the sewage treatment plant.
- The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed into or permitted to enter the sewage treatment plant, also known as "sewage."
"Shall" is mandatory, and "may" is permissive.
Connection fees. No connection shall be made to any public sewer except upon payment of the prescribed initial connection fee and upon permit issued by the Authority pursuant to rules and regulations regarding connections promulgated by the Authority and approved by the Supervisors. The above fee for purchasing capacity shall be adopted from time to time by resolution of the Authority.
Damage prohibited. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Authority's sewage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
Design standards. All sanitary sewers to be dedicated to the Authority shall be subject to inspection by the Authority and may not make any connection without prior inspection and approval of the Authority.
Basis for established rate. The assigned rate per EDU for connection to sewer systems and use thereof is based on an equal share per EDU of all operating and maintenance costs and replacement costs plus an equal share of debt retirement costs for the sewer systems and treatment.
Rates. In order to provide funds to pay the cost of operating and maintaining and replacing the sanitary sewer and the sewage treatment plant, and also to pay the cost of installation of the sanitary sewer and sewage treatment plant, and any costs or interest incident thereto, there is hereby imposed on all properties in the Township initial connection fees and sewer service fees as follows:
An initial connection fee shall be determined by the Authority from time to time by adoption of regulations, and said fee shall be charged based on a per-EDU rate as follows:
One EDU for all single-family residential properties;
For all other residential properties, nonresidential or mixed-use properties, the Authority shall assign a number of EDUs based on the application for sewer permit, the current or intended use of the property and as the Authority shall otherwise determine from information contained in its regulations or other sources of information deemed appropriate by the Authority; and
The minimum charge for any property or independent use, such as a separate apartment, office or store, shall be one EDU. All fractional EDUs shall be rounded up to the next whole number.
An annual sewer service fee is hereby established, and the owner or owners of each property connected to the sewer system shall be charged said sewer service fee based on the number of EDUs attributable to the owner's property as assigned by the Authority.
The annual sewer service fee shall be determined by the Authority from time to time by adoption of regulations. The total annual sewer service fee shall be calculated by multiplying the number of EDUs attributable to the property by the amount of the sewer service fee established by the Authority.
All nonresidential or mixed-use properties shall be required to install meters on their water service line for the purpose of monitoring actual water use to determine whether the number of EDUs assigned to a property by the Authority should be increased. In the event a nonresidential or mixed-use property should indicate metered water usage in excess of the number of EDUs assigned to the property, said property owner shall be required to purchase additional EDU capacity at the same cost per EDU as the initial connection fee and pay the annual sewer service fee for each EDU as indicated by the water meter data.
The sewer service fee for all nonresidential or mixed-use properties shall be based on the number of EDUs assigned to the property or the number of EDUs actually used, whichever is greater.
Amending rate charges. The Township hereby authorizes the Authority by resolution of the Authority:
To increase the initial connection fee in the event that its operating experience indicates that the rate fails to yield, after reasonable deduction for debt retirement and other necessary and proper expenses and reserves, a reasonable rate upon the fair value of the Authority's property used and useful in rendering service to the Authority; or
To decrease its rate should its operating experience indicate that, after reasonable deduction for debt retirement and other necessary and proper expenses and reserves, the rate yields a higher than reasonable rate.
Nontransferability of EDUs. The Authority alone shall determine the EDU capacity attributable to a property. Once an EDU capacity has been assigned to a property, only the Authority may, in its discretion, reassign a new EDU capacity. Property owners are specifically prohibited from transferring by private sale, agreement or otherwise all or any part of their EDU capacity to any other property owner for purposes of altering the EDU capacities assigned to the property owners. The EDU capacity assigned to a property owner shall lawfully be transferred to subsequent owners of the same property at the capacity assigned by the Authority unless the Authority deems modification of EDU capacity to be appropriate.
Payment of bills. Bills for the sewer service fee will be rendered quarterly and are payable on the 15th day of each month following each quarter. All bills unpaid for 15 days shall be subject to a penalty of 15% of the total bill.
Nonpayment of bills. All sewage service may be discontinued for any premises for which the sewage bill remains unpaid for a period of 60 days after the bill is rendered. If any expenses are incurred by the Authority through the discontinuance of sewage service, service shall not be reinstated until costs of discontinuance have been paid.
Commencement of sewer service fee. The sewer service fee shall commence on the date of actual hookup to the sewage collection system or 90 days after issue of the sewer permit, whichever is sooner.
Purpose; objectives; applicability.
This article sets forth uniform requirements for direct and indirect contributors to the sewage treatment plant and enables the Township and the Authority to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR 403, as amended).
The objectives of this article are to:
Prevent the introduction of pollutants into the collection system which will interfere with the operation of the system or contaminate the resulting sludge.
Prevent the introduction of pollutants into the collection and treatment system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system.
Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
This article shall apply to the citizens of the Township and to persons outside the Township who are users of the sewage treatment plant or the public sewer system. Except as otherwise provided herein, the Manager of the Authority's sewage treatment plant shall administer, implement and enforce the provisions of this article.
General discharge prohibitions.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewage treatment plant. These general prohibitions apply to all such users of the sewage treatment plant, whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.
The limitations or restrictions on materials or characteristics of wastewater discharged to the sanitary sewer, which shall not be violated without approval of the Authority, are as follows:
Any liquids, solids or gases which, by reasons of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewage treatment plant or to the operation of the sewage treatment plant. Prohibited materials include but are not limited to gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, hydrides, sulfides and any other substance which the Authority, Township, PA DEP, EPA or any manager of the sewage treatment plant to which the user's wastewater flows has notified the user is a fire hazard or a hazard to the system;
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as but not limited to grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes;
Any wastewater having a pH less than six or more than nine or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the sewage treatment plant;
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure, to interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters or the sewage treatment plant or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act;
Any noxious or malodorous liquids, gases or solids, which either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;
Any substance which may cause the sewage treatment plant effluent or any other product of the sewage treatment plant, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the sewage treatment plant cause the sewage treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state criteria applicable to the sludge management method being used;
Any substance which will cause the sewage treatment plant to violate its NPDES permit and/or state disposal system permit or the receiving water quality standards;
Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions;
Pollutants which create a fire or explosion hazard in the sewage treatment plant, including but not limited to wastestreams with a closed-cup flashpoint of less than 140° F. or 60° C., using the test methods specified in 40 CFR 261.21;
Any wastewater having a temperature which will inhibit biological activity in the sewage treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the sewage treatment plant which exceeds 40° C. (104° F.);
Any pollutants, including oxygen-demanding pollutants (CBOD, etc.), released at a flow rate and/or pollutant concentration which cause interference to the sewage treatment plant. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation of the individual discharge and/or of the sewage treatment plant;
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Manager in compliance with applicable state or federal regulations;
Any wastewater which causes a hazard to human life or creates a public nuisance;
Stormwater, groundwater, roof runoff, subsurface drainage or noncontact cooling water; and
Oil and grease:
Wastewater containing more than 25 milligrams per liter of petroleum or oil, nonbiodegradable cutting oils or products of mineral oil origin;
Wastewater containing more than 100 milligrams per liter of oil, greases or fats of an animal or vegetable origin; or
Wastewater from industrial plants containing floatable oils, fat or grease in excess of 25 milligrams per liter.
When the Sewer Treatment Plant Manager determines that a user is contributing any of the above-enumerated substances in such amounts as to interfere with the operation of the sewage treatment plant, the Manager shall advise the user of the impact of the contribution on the sewage treatment plant and develop effluent limitations for such user to correct the interference with the sewage treatment plant. Should additional cost be incurred by the sewage treatment plant in treating an out-of-compliance discharger's wastewater, the additional cost, plus a ten-percent administration charge for all additional costs incurred prior to the Manager notification to the discharger, shall be paid by the discharger. Should the problem continue after notification by the Manager, the additional cost, plus a ten-percent administration charge, plus any penalties authorized by this article, shall be paid by the discharger. Any user or discharger violating any of the above provisions shall be subject to the enforcement and penalty provisions of this article set forth below.
Commercial and industrial compliance.
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.
The Authority may require the owner of any property serviced by a building sewer carrying industrial wastes to install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. The plans for the structure shall be subject to the approval of the Authority. The structure shall be installed and maintained by the owner at the owner's expense.
The Authority may require a user to provide information needed to determine compliance with this article. These requirements may include:
Wastewaters' discharge peak rate and volume over a specified time period;
Chemical analyses of wastewaters;
Information on raw materials, processes and produce affecting wastewater volume and quality;
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control;
A plot plan of the sewers of the user's property showing sewer and pretreatment facility location;
Details of wastewater pretreatment facilities; and
Details of systems to prevent and control the loss of materials through spills into the public sewage system.
Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards, as may be amended from time to time in the future, the federal standard, if more stringent than limitations imposed under this article, shall immediately supersede the limitations imposed under this article.
Modification of federal standards. Where the Authority's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Authority may apply for modifications of specific limits in the federal pretreatment standards. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a nontoxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, General Pretreatment Regulations for Existing and New Sources of Pollution, as amended from time to time, promulgated pursuant to the Act. The Authority may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403.7 so allow.
Conflict with state requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.
Right of revision. The Township and/or Authority reserves the right to establish by ordinance or by resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the stated objectives or to achieve compliance with the Pennsylvania NPDES permit.
Excessive discharge. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards or with any other pollutant-specific limitations developed by the sewage treatment plant treating the wastewater or state or federal agencies.
Written agreements. Nothing contained in this article shall be construed as preventing any special written agreement or arrangement between the Authority and any nonresidential user whereby an industrial waste of unusual strength or character may be accepted by the sewage treatment plant for treatment.
Applicability. Unless otherwise indicated in this article, this article shall apply to all users.
Powers and authority of inspections.
The Authority and its duly authorized employees bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the collection and treatment system in accordance with the provisions of this article.
The Authority and its duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold confidential information if the industry establishes that release to the public of the information in question might result in an advantage to competitors.
The Authority may suspend a user permit when such suspension is necessary, in the opinion of the Authority, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the sewage treatment plant or causes the sewage treatment plant to violate any condition of its NPDES permit.
Any person notified of a suspension of a permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Authority shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewage treatment plant or endangerment to any individuals. The Authority shall reinstate the permit upon proof of the elimination of the noncomplying discharge by the user, payment of any damages, fines, penalties or costs associated with the discharge and the submission of a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
Revocation of permit. Any user who violates the following conditions of this article or applicable state or federal regulations is subject to having his permit suspended in accordance with the procedures of this article:
Notice of violation. Whenever the Authority finds that any user has violated or is violating this article, the permit or any prohibition, limitation or requirements contained herein, the Authority may serve upon such person a written notice stating the nature of the violation, a direction that the violation cease and desist within a specified number of days, and a direction that a plan be submitted by the user to the Authority for the curing and correction of the violation.
Hearings and appeals.
The Authority may order any person or any user who causes or allows an unauthorized discharge to enter the sewage treatment plant to show cause before the Authority (hereinafter referred to as the "Committee") why the proposed enforcement should not be taken. The Committee shall be composed of the Board of Directors of the Authority or a majority thereof when a violation occurs in wastewater being treated by the sewage treatment plant.
The Committee shall conduct the hearing and take the evidence.
At such hearing, testimony must be taken under oath and transcribed. The transcript shall be made available to any member of the public or any party to the hearing upon payment of charges as shall be adopted from time to time by the Committee.
After the Committee has reviewed the evidence, it may issue an order to the person or user responsible for the discharge, directing that, following a specified time period, the sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenance shall be installed. Further orders and directives as are necessary and appropriate may be issued.
Any person or user aggrieved by an order of the Committee may appeal to the Court of Common Pleas of Montgomery County in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 105 et seq.
Any user aggrieved by the Authority's suspension of permit may take an appeal to the Committee referred to in Subsection F(1) above;
Legal action. If a person or user located within or outside of the Township violates any of the provisions of this article or discharges sewage, industrial waste or other wastes into Township's wastewater collection system contrary to the provisions set forth in this article, in federal or state pretreatment requirements or in any order of the Authority, the Authority may commence an action for appropriate legal and/or equitable relief, including injunctive relief, in the Court of Common Pleas of Montgomery County.
Violations and penalties. Any user who violates an order of the Township or the Authority or who fails to comply with this article shall be fined not less than $1,000 per violation, which fines may be collected by suit or summary proceeding brought in the name of the Township or the Authority before any Magisterial District Judge. Proceedings for a violation and for the collection of fines imposed hereby may be commenced by warrant or by summons, at the discretion of the Magisterial District Judge before whom the proceeding is begun. Upon judgment against any person by summary conviction or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Township lockup for a period not exceeding five days or the county jail or workhouse for a period not exceeding 30 days. Each day on which a violation shall occur or continue to occur shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the Township or the Authority may recover penalties, damages, costs, reasonable attorney's fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the person or user found to have willfully violated this article.
Criminal penalties for falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to a permit or this article or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction under the provisions of the Pennsylvania Crimes Code, Section 4904 (18 Pa.C.S.A. § 4904), be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both, under the provisions of the Pennsylvania Crime Code, Sections 1101 and 1104 (18 Pa.C.S.A. §§ 1101 and 1104, as amended).
Rules and regulations.
The Township authorizes the Authority from time to time, in accordance with law, by appropriate resolution, to adopt additional rules and regulations as may be desirable, beneficial or necessary for or in connection with the collection or treatment system.
Any such rules and regulations shall be construed in conjunction with provisions hereof and shall become effective upon the specified date.
Written agreements. Nothing contained in this article shall be construed as preventing any special written agreement or arrangement between the Authority and any residential or nonresidential developer or any other property owner which may conflict with any of the terms and conditions set forth in this article and as amended.
Application for permit. Any legal or equitable owner of a property may apply for a sewer permit by filling out an appropriate application provided by the Authority and submitting it to the Board of Directors for assignment of EDUs and approval of the application, subject to the discretion of the Authority. The Authority shall have the exclusive right to award a sewer permit to the applicant.
Maintenance of laterals. Each property owner shall be responsible for maintenance and repair of any and all laterals partially or fully located on the property of the owner from the building(s) up to the cleanout access located on the lateral.