Township of Tredyffrin, PA Article II Trout Run/Panhandle Drainage Area

[Adopted 9-9-1991 by Ord. No. HR-172, which ordinance also repealed Ord. No. HR-121]

§ 163-11 Purpose; objectives.

A. This article sets forth uniform requirements for Tredyffrin Township users of the publicly owned treatment works (POTW) which are tributary to the Upper Merion Township Trout Run and Matsunk Wastewater Treatment Plants. Said users are located in Tredyffrin Township's Trout Run/Panhandle Drainage Areas. This article enables Tredyffrin Township to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR Part 403).

B. The objectives of this article are to prevent the introduction of pollutants into Tredyffrin's sewer system which will:

(1) Interfere with the operation of the Upper Merion wastewater treatment plants.

(2) Contaminate the sludge of the Upper Merion wastewater treatment plants.

(3) Pass through the Upper Merion wastewater treatment plants, inadequately treated, into the receiving waters or the atmosphere or otherwise be incompatible with the system.

§ 163-12 Rules and regulations.

A. Adoption of Upper Merion Township legislation.

(1) The following rules and regulations pertaining to the use of Upper Merion's POTW have been enacted by the Upper Merion Township Board of Supervisors:

(a) Ordinance No. 75-352.

(b) Resolution No. 75-53.

(c) Resolution No. 81-46.

(d) Resolution No. 83-56.

(e) Resolution No. 84-465.

(f) Resolution No. 90-49.

(g) Ordinance No. 93-614.

[Added 8-28-2023 by Ord. No. HR-469]

(h) Resolution No. 2023-16.

[Added 8-28-2023 by Ord. No. HR-469]

(2) These rules and regulations, as may be amended or supplemented from time to time, are hereby adopted by Tredyffrin Township as the rules and regulations governing use of the POTW by users located in Tredyffrin's Trout Run/Panhandle Drainage Areas. All user in the Trout Run/Panhandle Drainage Areas shall comply with these regulations.

B. Any categorical pretreatment standards promulgated by the United States Environmental Protection Agency (EPA) [promulgated by authority of the Clean Water Act Sections 307 (b) and (c)] are automatically incorporated by reference into this article. These standards shall supersede any specific discharge limits in this article which are less stringent than the categorical standards as they apply to the particular industrial subcategory.

C. Any industrial user, located in Tredyffrin's Trout Run/Panhandle Drainage Areas, responsible for a significant accidental discharge of any substance other than sewage into the Township sewer system shall immediately notify both Upper Merion and Tredyffrin Townships.

D. The use of dilution as a control technique for compliance with discharge limits, except as allowed by federal pretreatment standards, is prohibited.

E. Tredyffrin and Upper Merion shall have the authority to impose mass discharge limits in lieu of or in conjunction with concentration discharge limits.

F. Any authorized officer or employee of Upper Merion or Tredyffrin may enter and inspect, at any reasonable time, any part of the sewer system of Tredyffrin which is tributary to Upper Merion's Trout Run or Matsunk Wastewater Treatment Plant. The right of entry and inspection shall extend to public streets, easements and property within which the system is located. Additionally, Upper Merion and Tredyffrin shall be permitted, as appropriate, to enter onto private property to inspect industrial waste dischargers which discharge to sewers tributary to Upper Merion's Trout Run or Matsunk Treatment Plants. Tredyffrin shall make all necessary legal and administrative arrangements for these inspections. The right of inspection shall include on-site inspection of pretreatment and sewer facilities, observation, measurement, sampling, testing and access to (with the right to copy) all pertinent compliance records located on the premises of the industrial user.

§ 163-13 Enforcement.

A. Harmful contributions.

(1) Tredyffrin Township or Upper Merion Township may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of Tredyffrin or Upper Merion, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment or which caused or may cause interference to the POTW or which causes or may cause Upper Merion to violate any condition of its NPDES permit.

(2) Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, Tredyffrin Township shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. Tredyffrin shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to Tredyffrin within 15 days of the date of occurrence.

B. Revocation of permit. Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of § 163-13 of this article.

(1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge.

(2) Failure of the user to report significant changes in operations, wastewater constituents and characteristics.

(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

(4) Violation of conditions of the permit.

C. Notification of violation. Whenever Tredyffrin or Upper Merion find that any user has violated or is violating this article, wastewater contribution permit or any prohibition, limitation of requirements contained herein or in Upper Merion's rules and regulations, Tredyffrin may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Township by the user.

D. Show cause hearing.

(1) Tredyffrin Township may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Board of Supervisors why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Board of Supervisors regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Board of Supervisors why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

(2) The Board of Supervisors may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee to:

(a) Issue in the name of the Board of Supervisors notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

(b) Take the evidence.

(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board of Supervisors for action thereon.

(3) At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcripts, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(4) After the Board of Supervisors has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

E. Legal action. If any person discharges sewage, industrial wastes or other wastes into the Township's sewer system contrary to the provisions of this article, federal or state pretreatment requirements or any order of the Township, the Township Solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Chester County.

§ 163-14 Violations and penalties; costs.

A. Civil penalties. Any user who is found to have violated an order of the Board of Supervisors or who willfully or negligently failed to comply with any provisions of this article and the orders, rules, regulations and permits issued hereunder, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Falsifying information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or wastewater contribution permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be prosecuted in accordance with the provisions of the Pennsylvania Crimes Code pertaining to perjury and falsification of official matters (18 Pa.C.S.A. § 4901 et seq.).