SEWERS AND SEWAGE DISPOSAL
REQUIRING SEWER HOOKUPS
§102. Use of Public Sewers Required
§103. Building Sewers and Connections
§104. Terms and Conditions Governing Building Sewers and Connections to Sewers
SEWER USE CHARGES
§202. Imposition of Sewer Rent or Charge
§203. Flat Rates for Private Dwelling or Living Units
§204. Meter Rates for Commercial and Industrial Establishments
§205. Screening and Holding Tanks
§206. Measuring Volume for the Purpose of §204 Above.
§207. Changes in Classification, Additional Classifications and Modifications
§208. Time and Methods of Payments
§209. Delinquent Sewer Rentals; Penalties and Liens
§210. Delinquent Sewer Rentals; Shutting Off Water
§212. Rules and Regulations
INDIVIDUAL SEWAGE SYSTEMS
§303. Site Investigation and Percolation Tests
§403. Holding Tanks Authorized
§404. Rules and Regulations Authorized
§405. Issuance of Permit
§406. Responsibilities of Owner
§407. Renewal and Revocation of Permits
§409. Abatement of Nuisances
B. Rules and Regulations.
§414. Use of Holding Tanks
§415. Issuance of Permit
§416. Renewal of Permits
§417. Revocation of Permits
§418. Construction Requirements
§419. Maintenance Requirements
ESTABLISHING SEWER DISTRICT 1
§501. Establishing District
§502. Construction of Sewers Authorized
§503. Owners to Pay for Lines
§601. General Provisions
§602. General Sewer Use Requirements
§603. Pretreatment of Wastewater
§604. Wastewater Discharge Permit Eligibility
§605. Wastewater Discharge Permit Issuance Process
§606. Reporting Requirements
§607. Compliance Monitoring
§608. Confidential Information
§609. Publication of Industrial Users in Significant Noncom¬pliance
§611. Penalties; Costs
§612. Supplemental Enforcement Action
§613. Affirmative Defenses to Discharge Violations
§614. Miscellaneous Provisions
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REQUIRING SEWER HOOKUPS
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:
BUILDING SEWER – the extension from the sewage drainage system of any struc-ture to the lateral of a sewer.
EASEMENT – a grant of limited use of private land for a public or quasi-public pur-pose. [Ord. 98-7]
IMPROVED PROPERTY – any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL WASTES – any solid, liquid or gaseous substance or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.
LATERAL – that part of the sewer system extending from a sewer to the curb line or, if there shall be no curb line, to the property line or, if no such lateral shall be provided, then “lateral” shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer.
OBSTRUCTION – any shed, fence, pool, swing set, playhouse, tree, shrub or any other object that limits access or repairs to the sewer system. [03-09]
OWNER – any person vested with ownership, legal or equita¬ble, sole or partial, of any property located in this Township.
PERSON – any individual, partnership, company, association, society, corporation or other group or entity.
RIGHT-OF-WAY – land legally dedicated for public purposes including, but not limited to, a street, alley or interior walk. [Ord. 98-7]
SANITARY SEWAGE – normal water-carried household and toilet wastes from any improved property.
SEWER – any pipe or conduit constituting part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM – all facilities, as of any particular time, for collecting, pumping, treating and disposing of sanitary sewage and industrial wastes, situate in or adjacent to this Township and owned or leased to this Township for operation and use.
STREET – any street, road, lane, court, public square or alley.
TOWNSHIP – the Township of Hampden, Cumberland County, Pennsylvania, a Pennsylva¬nia municipal corporation, acting by and through its Board of Com- mis-sioners or, in appropriate cases, acting by and through its authorized representa-tives.
(Ord. 65, 1/7/1969, §1; as amended by Ord. 98-7, 8/27/1998; and by Ord. 03-09, 12/02/2003, §1)
§102. USE OF PUBLIC SEWERS REQUIRED.
1. The owner of any improved property abutting on or adjoining any street, court or easement or right-of-way, highway, road or alley in which there is a sewer shall connect such improved property with such sewer, in such manner as the Township may require, within 45 days after notice to such owner from the Township to make such connection, for the purpose of the discharge of all sanitary sewage and indus-trial wastes from such improved property, subject to such terms, conditions, limitations and restrictions as shall be established herein or otherwise shall be established by the Township, from time to time; provided, however, that upon written request of the owner, the Township may excuse such connection where (a) the distance from the building to the lateral exceeds 500 feet, or (b) the grade and elevation between the building sewer and the lateral makes connection infeasible. [Ord. 98-7]
2. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under §102(1), shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.
3. No person shall place or deposit or permit to be placed or deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of subsection (1). No person shall discharge or permit to be discharged to any natural outlet within this Township any sanitary sewage or industrial wastes in violation of subsection (1), except where suitable treatment has been provided which is satisfactory to the Township.
4. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under subsection (1) to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Township, shall be cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of this Township and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned by the said owner of such improved property and, if required by this Township, cleansed and filled, shall constitute a violation of this Part for which such owner shall be liable in accordance with the provisions of §105(1) hereof.
5. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.
6. No person shall connect or cause to be connected with any sewer, directly or indirectly, any roof, ground or surface water, sump pumps and floor drains, steam exhaust, boiler blow-off, sediment drip or any pipe carrying or constructed to carry hot water or acid, germicide, grease, brewery mash, gasoline, naphtha, benzine, oil or any other substance detrimental to the sewers or to the operation of the sewer system. [Ord. 98-7]
7. The notice by this Township to make a connection to a sewer, referred to in §102(1), shall consist of a written or printed document requiring the connection in accordance with this Part and specifying that such connection shall be made within 45 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be permitted by law.
(Ord. 65, 1/7/1969, §2; as amended by Ord. 73-7, 11/13/1973; by Ord. 97-5, 2/27/1997, §1; and by Ord. 98-7, 8/27/1998)
§103. BUILDING SEWERS AND CONNECTIONS.
1. No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any sewer or any part of the sewer system without first obtaining a permit, in writing, from the Township. No person shall place any obstruction in or change the elevation or grade of the surface of any right-of-way in which any sewer or any part of the sewer system is located without first obtaining a permit, in writing, from the Township. [Ord. 03-09]
2. Application for a permit required under subsection (1), above, shall be made by the owner of the improved property served or to be served. No person shall make or cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
A. Such person shall have notified the Secretary of this Township of the desire and intention to connect to a sewer.
B. Such person shall have applied for and obtained a permit as required by sub-section (1).
C. Such person shall have given the Secretary of this Township at least 48 hours notice of the time when such connection will be made so that this Township may supervise and inspect the work of connection and necessary testing.
D. Such person shall have furnished satisfactory evidence to the Secretary of this Township that any tapping fee charged and imposed against the owner of each improved property who connects such improved property to a sewer has been paid.
4. Except as otherwise provided in this subsection, each improved property shall be connected separately and indepen¬dently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted except under special circumstances and for good sanitary reasons or other good cause shown and then only after special permission of this Township, in writing, shall have been secured and subject to such rules, regula¬tions and conditions as may be prescribed by this Township.
5. All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless this Township from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer. Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, 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 30 days. Each day that a violation of this Part 1 continues shall constitute a separate offense. Any person who shall violate any provision of this ordinance or rules and regulations adopted hereunder shall also be liable for any and all damages suffered and expenses incurred by this Township as a result of such violation. Said damages and expenses shall be collected by an action or actions at law or in equity. The right to seek damages and expenses shall exist complete¬ly separate and independent of the right to seek criminal penalties, and both rights may be pursued simultaneously or sequentially. [Ord. 98-7]
6. A building sewer shall be connected to a sewer at the place designated by this Township and where the lateral is provided and shall be subject to all terms and conditions of any plumbing code enacted by the Township. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight.
7. If the owner of any improved property abutting on or adjoining any street, court, easement or right-of-way, highway, road or alley in which there is a sewer, after 45 days notice from this Township, in accordance with §102(1), shall fail to connect such improved property, as required, this Township may make such connection and may collect from such owner the costs and expenses thereof by the filing of a municipal lien against the property, an action in assumpsit or such other legal proceeding as may be permitted by law. [Ord. 98-7]
(Ord. 65, 1/7/1969, §3; as amended by Ord. 75-5, 3/4/1975, §2; by Ord. 84-6, 7/3/1984; by Ord. 98-7, 8/27/1998; and by Ord. 03-09, 12/02/2003, §1)
§104. TERMS AND CONDITIONS GOVERNING BUILDING SEWERS AND CONNEC¬TIONS TO SEWERS.
1. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line, as a building sewer.
2. No building sewer shall be covered until it has been inspected and approved by this Township. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.
3. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
4. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected in a manner satisfactory to this Township.
5. If any person shall fail or refuse, upon receipt of a notice of this Township, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 10 days of receipt of such notice, this Township may refuse to permit such person to discharge sanitary sewage and indus¬trial waste into the system until such unsatisfac¬tory condition shall have been remedied to the satisfaction of this Township. This Township may also if necessary, remedy such unsatisfactory condition and may collect from such owner the costs and expenses thereof by the filing of a municipal lien against the property, an action in assumpsit or such other legal proceedings, as may be permitted by law.
6. This Township reserves the right to adopt, from time to time, such rules and regula-tions as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which rules and regulations, to the extent appropriate, shall be construed as part of this Part.
(Ord. 65, 1/7/1969)
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000.00 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
(Ord. 65, 1/7/1969, §4; as amended by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)
SEWER USE CHARGES
Unless the context specifically indicates otherwise, the meaning of terms used in this Part shall be as follows:
COMMERCIAL ESTABLISHMENT – any structure or any portion thereof intended to be used wholly or in part for the purposes of carrying on a trade, business or profession or for social, amusement, religious, educational, charitable or public uses, and which contains plumbing for kitchen, toilet or washing facilities.
INDUSTRIAL ESTABLISHMENT – any structure intended to be used wholly or in part for the manufacturing, fabricating, processing, cleaning, laundering or assembly of any product, commodity or article.
INDUSTRIAL WASTE – any solid, liquid or gaseous substance or water borne wastes or form of energy rejected or escaping from any industrial manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sanitary sewage.
LEASE – the agreement of lease, dated as of April 1, 1971, between this Township, as lessee, and the Authority, as lessor, with respect to the sewer system, as such phrase is defined in the lease.
PERSON – any individual, firm, company, association, society, corporation or group.
PRIVATE DWELLING or LIVING UNIT – a structure or dwelling intended to be occupied as a whole by one family or an apartment intended to be occupied by one family or any other one family living unit.
SANITARY SEWAGE – the normal water carried household and toilet wastes from residences, business buildings, institu¬tions, commercial and industrial establishments.
SEWER MANAGER – any person who may, from time to time, be placed in general charge of the sewer system.
SEWER SYSTEM – the sewer system leased to this Township by §2.01 of the lease, as such phrase “sewer system” is defined in §1.01 of the lease.
TOWNSHIP – Hampden Township, Cumberland County, Pennsylva¬nia, and the group of elected officials acting as the Board of Commissioners of the Township.
WATER SUPPLIER – the public agency or private company furnishing water service to the particular property connect¬ed to the sewer system.
(Ord. 64, 4/6/1965, §1; as amended by Ord. 71-4, 4/27/1971, §1)
§202. IMPOSITION OF SEWER RENT OR CHARGE.
1. There is hereby imposed upon each property served by the sewer system and having the use thereof quarterly sewer rents or charges, payable as hereinafter provided for the use, whether direct or indirect, of the sewer system, based on the schedules of classifications and rates or charges hereinafter set forth. Such quarterly sewer rents or charges for presently unconnected properties shall commence as of the required connection dates as contained in the notice to connect given to the owner of property pursuant to §102(1) supra. [Ord. 92-12]
2. The rates or charges imposed in §§204 and 205 of this Part, as enacted on April 6, 1965, and prior to amendment by Ordinance No. 71-4 shall apply to, and are hereby imposed, as the sewer rents or charges in connection with any existing agreement entered into by Hampden Township with another municipality or municipality authority, pursuant to which the other party thereto shall transport, treat and/or dispose of sewage collected in the Hampden sewer system; or pursuant to which Hampden Township shall agree to trans¬port, treat and/or dispose of sewage arising within the boundaries of such other party; or in connection with any such agreement hereinafter entered into. [Ord. 71-5]
(Ord. 64, 4/6/1965, §3; as amended by Ord. 71-4, 4/27/1971, §2; by Ord. 71-5, 8/3/1971, §1; by Ord. 92-12, 5/28/1992, §2; and by Ord. 98-7, 8/27/1998)
§203. FLAT RATES FOR PRIVATE DWELLING OR LIVING UNITS.
1. Each private dwelling or living unit – $108.25 per quarter. [Ord. 15-17]
2. Multiple Use. In case of a combination of one or more private dwelling or living units with a similar unit or units or with one or more commercial establishments in one (1) building or in case of more than one commercial establishment in one building and each thereto having the use of the sewer system through one sewer connection, then each such private dwelling or living unit and each such commercial establishment shall be charged the rates herein provided as though each thereof were in a separate structure and as though each thereof had a direct and separate connection to the sewer system.
(Ord. 64, 4/6/1965; as amended by Ord. 82-5, 9/28/1982, §4; by Ord. 84-12, 12/27/1984; by Ord. 88-7, 10/4/1988, §1; by Ord. 90-3, 6/28/1990, §1; by Ord. 93-15, 9/29/1993, §1; by Ord. 98-11, 10/1/1998, §I; by Ord. 03-09, 12/02/2003, §1); by Ord. 05-19, 12/06/2005, §1; by Ord. 07-18, 12/04/2007, §1, by Ord. 11-12, 12/01/11, and by Ord. 15-15, 11/24/2015.
§204. METER RATES FOR COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS.
1. Sanitary Sewage.
A. The quarterly sewer rates or charges shall be based on the quantity of water used as evidenced by meter readings of water meters installed by the water supplier for the purpose of measuring water purchased from said water supplier and such other meters or measuring devices as may be installed pursuant to any provisions of this Part and shall be subject to the minimum charges hereinafter provided, all as follows:
Quantity of Water Used or Me¬tered Waste Dis-charged Quarterly Rates
First 12,000 gallons or less per quarter $108.25 per quarter
All over 12,000 gallons per quarter $8.29 per 1,000 gallons or fraction per quarter
B. Regardless of water consumption, the minimum quarterly charge for sanitary sewage from commercial and industrial establishments, other than schools, under this subsection shall be $108.25 for the first eight employees or less and $13.63 for each employee in excess of eight. For purposes of this computation, the number of employees shall be the daily average number of employees for the quarter immediately preceding the quarter being billed.
C. The minimum quarterly charge for public or private schools shall be $7.00 per pupil, based upon the daily average number of pupils enrolled on days when the school was in session during the fall school term immediately preceding the date of the bill for the quarter annum involved. Teachers and other employees shall be classified and treated as pupils for the purposes of this Part.
[Ord. 98-11, 10/01/1998, §1; as amended by Ord. 03-09, 12/02/2003, §1; by Ord. 05-19, 12/06/2005, §1; by Ord. 07-18, 12/04/2007, §1, by Ord. 11-12, 12/01/11, and by Ord. 15-17, 11/24/2015.]
2. Industrial Waste. In the event the Township consents to accept industrial waste into the sewer system, as provided for elsewhere in this Part, charges will be made as follows:
A. If the industrial waste has total suspended solids, biochemical oxygen demand, total phosphorus, fat, oil, grease or any one of such substances, in excess of the following concentrations:
Total Suspended Solids 250 parts per million
Biochemical Oxygen Demand 250 parts per million
Total Phosphorus (as PO4) 20 parts per million
Fat, Oil and Grease 70 parts per million
Ammonia Nitrogen (as N) 20 parts per million
The charges shall be determined in accordance with the following formula:
Total Quarterly Charge = Q + (0.002 Q (BOD in ppm – 250)) +
(0.001 Q (SS in ppm – 250)) + (.003 Q)
(P in ppm – 20)) + (.006 Q(N in ppm-20)) +
(.002 Q (G in ppm – 70))
Where Q = Metered quantity charge (subsection 1)
BOD = Biochemical oxygen demand
SS = Suspended Solids
P = Total Phosphorus (as PO4)
N = Ammonia Nitrogen (as N)
G = Oil, Grease and Fat
ppm = Parts per million
B. If a number in parentheses calculates to be nega¬tive, the number shall be con-sidered zero.
C. If the industrial waste does not contain any of the above substances in excess of the concentrations stated, the charges shall be as set forth in subsection (1).
3. U.S. Navy Inventory Control Point Contractual Rate. The rates and charges to be paid by the U.S. Navy Inventory Control Point pursuant to Sewage Disposal Contract N62472-71-C-8123 as last Amendment/Modification No. P-00002 effective October 4, 1993 (Exhibit II) shall be as follows:
First 12,000 gallons per quarter: $108.25
All in excess of 12,000 gallons per quarter: $8.29 per 1,000 or fraction thereof
The Township Manager shall give due and timely notice to U.S. Navy Inventory Control Point of said increase in accordance with §IV, General Provisions, Paragraph 3a, of the above referenced sewage disposal contract as last amended and modified. [Ord. 03-09]
(Ord. 64, 4/5/1965, §5; as amended by Ord. 69-11, 12/19/1¬969; by Ord. 82-5, 9/28/1982, §5; by Ord. 84-6, 7/3/1984; by Ord. 84-12, 12/27/1984, §2; by Ord. 88-7, 10/4/1988, §1; by Ord. 90-3, 6/28/1990, §1; by Ord. 93-15, 9/29/1993, §1; by Ord. 98-7, 8/27/1998; by Ord. 98-11, 10/1/1998, §I; by Ord. 03-09, 12/2/2003, §1; by Ord.05-19, 12/06/2005, §1; and by Ord. 07-18, 12/04/2007, §1.; by Ord.11-01 1/1/11,l by Ord. 11-12, 12/01/11, and by Ord. 15-17, 11/24/2015.)
§205. SCREENING AND HOLDING TANKS.
1. Industrial establishments shall install fine screens to remove husks, hulls, vegetable skins and peelings, threads, lint, grease and any and all such materials found by the Township to over-load, impair the efficiency of or cause difficulties in the operation of the sewers, pumping stations or sewage treatment plants, or cause difficulties in maintaining required quality of treatment plant effluent.
2. Industrial establishments having large variations in the rate of discharging their waste, if required by the Township, shall install suitable holding tanks for equalizing the rate of discharge uniformly over the entire 24 hours of the day. The peak rate of discharge for any such industrial establishment shall not exceed 200% of the average daily discharge at any time.
(Ord. 64, 4/6/1965, §9)
§206. MEASURING VOLUME FOR THE PURPOSES OF §204 ABOVE.
1. Methods of Measuring Volume.
A. Whenever a person purchasing all water used from the water supplier dis-charges sanitary sewage and/or industrial waste into the sewer system, the volume of water used, as determined from meter readings made by or made available to, the Township, shall be used in computing the sewer rentals.
B. In cases where persons have sources of water supply in addition to or other than from the water supplier and discharge sanitary sewage and/or industrial waste into the sewer system, those persons may provide a meter on such additional or other source of supply. The total amount of water used as shown by these meter readings will be used in computing the sewer rentals. If no such meter is installed, the Sewer Manager shall estimate the total amount of water used for the purpose of determining the sewer rentals.
C. Where one water meter serves more than one commercial or industrial estab-lishment discharging sanitary sewage and/or industrial waste into the sewer system, a separate meter may be installed by the owner of each such establishments so served. Readings from such meters shall be used in computing the sewer rentals applicable to the said respective establishments. If no such meter or meters are installed, the Sewer Manager shall estimate the amount of water used by each of said establishments for purposes of determin¬ing the sewer rentals.
D. In cases where persons use water from the water supplier and/or from any other source such that all or any part of the water so used is not discharged into the sewer system, the quantity of water used to determine the sewer rentals shall be computed by one of the following methods:
(1) Method No. 1. By placing a meter or measuring device on the sewer connection. The readings from the meter or measuring device shall be used in computing the sewer rentals.
(2) Method No. 2. By placing a meter or measuring device on the effluent not discharging into the sewer system. The readings from this meter or measuring device will then be deducted from the total water meter readings and the remainder will be used in computing the sewer rentals.
(3) Method No. 3. When in the opinion of the Sewer Manager it is not desirable or not practical to install devices to continuously determine the quantity of water not discharged to the sewer system, the Sewer Manager will determine, in such manner and by such method as he may prescribe, the percentage of metered water discharged into the sewer system and the quantity of water used to compute the sewer rentals shall be the percentage so determined of the quantity measured by the water meter or meters. Any dispute as to the estimated amount shall be submitted to the Township after notice of the estimate, whose decision on the matter shall be final for the current calendar year.
2. Measuring Devices. All meters or measuring devices not provided by the water sup-plier but otherwise used under the provisions of this Part may be furnished and in-stalled by the Township at the expense of the property owner and shall be owned by, and under the control of, the Township and may be tested, inspected or repaired by Township employees whenever deemed necessary. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping and all repairs thereto shall be made by the Township at the property owner’s expense, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such installation and repairs shall be due and payable at the same time and collected in the same manner as are the bills for sewer services; such bills from and after their due date shall constitute a lien upon the property upon which such measuring device is installed.
3. Meter Reading. Township shall be responsible for the reading of all meters or measuring devices, unless such readings are otherwise made available to the Township by the water supplier, and they shall be made available to Township employees for meter reading at any reasonable time.
(Ord. 64, 4/6/1965, §10)
§207. CHANGES IN CLASSIFICATION, ADDITIONAL CLASSIFICATIONS AND MODIFICATIONS.
If use or classification of any property should change within any quarter, the difference in sewer rental, prorated on a monthly basis to the nearest calendar month will be charged or credited, as the case may be, on the bill for the succeeding quarter. Additional classification and additional sewer rentals may be established by the Township from time to time.
(Ord. 64, 4/6/1965, §11)
§208. TIME AND METHODS OF PAYMENTS.
1. The above connection fees shall be payable upon application for permits to make connections.
2. All bills for sewer rentals, charges and user fees shall be rendered in calendar quarters in advance, and all such rentals, charges and fees shall be due and payable within 30 days from the first day of the quarter annual period for which the bill is rendered. Owners of improved properties connected during any calendar quarter shall pay a pro-rata rental, charge and fee for sewer service for the balance of the calendar quarter; such partial billings shall be due and payable within 30 days from the date the bill is rendered.
(Ord. 64, 4/6/1965, §12; as amended by Ord. 84-6, 7/3/1984; and by Ord. 88-7, 10/4/1988, §2)
§209. DELINQUENT SEWER RENTALS; PENALTIES AND LIENS.
1. Quarterly rentals, charges and fees for sewer service shall be subject to a penalty equal to 10% of the face amount of bill therefore if not paid when said bills are due as provided in §207 hereinabove. If said rentals, charges and fees are not paid within 30 days after becoming due, the face amount of such bill plus the penalty shall bear interest from the due date of said bill at the rate of 1/2% per month or fraction thereof until paid, and the Township shall have the right to terminate service from the delinquent premises and not to restore the same until all delinquent bills, penalties and interest against the same and the cost of terminating and restoring service have been paid. [Ord. 88-7]
2. All persons connected to the sewer system must give the Township their correct ad-dress. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period which bills are payable at face.
3. Payments made by mail, as evidenced by the United States Post Office mark, on or previous to the end of the period during which the bills are payable at face, will be deemed to be a payment within such period.
4. All sewer rentals, together with all penalties and interest thereon, not paid on or before the end of a period 90 days from the date of each bill, or such other longer time as may be prescribed by applicable statutes of the Commonwealth of Pennsylvania, shall be deemed to be delinquent. All delinquent sewer rentals and all penalties and interest thereon shall be a lien on the property served by said sewerage service, and may be perfected by filing an appropriate municipal claim in the Office of the Prothonotary of Cumberland County, and shall be collected in the manner provided by law for filing and collection of such claims and liens. Any municipal claim filed shall bear interest at a rate of ten percent (10%) per annum from the date of filing until paid in full. [Ord. 92-6, amended by Ord. 14-03]
5. The Township Manager, in conjunction with the Township Solicitor, is authorized and empowered, without further authorization by the Board of Township Commis-sioners, to take any and all action to collect delinquent sewer rentals, penalties and interest, including, but not limited to, the termination of sewer service per subsection (1), formal entry of liens on real estate, execution upon, foreclosure or other enforcement of liens, and in¬stitution of actions at law or in equity.
6. Assessment and Collection of Attorney’s Fees. The assessment and collection of at-torney’s fees incurred by the Township in the collection of delinquent sewer accounts against the owner or other persons or entities liable (the “account holder”) for the account are hereby authorized in accordance with the following provisions:
A. The following attorney’s fees for legal services based upon the following schedule is hereby adopted and deemed reasonable in connection with the collection of delinquent sewer accounts, whether alone or in conjunction with a delinquent trash account under the same account holder’s name:
Service Fee for Service
Initial review, prepare and file Municipal Claim;
letter to account holder/property owner $110.00
Service Fee for Service
Preparation and filing of Release of Municipal Lien;
letter to account holder/property owner $ 77.00
All other services associated with collection of Based upon a charge of
delinquent accounts, civil actions for collection $110.00 per hour, with
and any litigation associated with the execution fees to be calculated
on judgments obtained and/or liens filed upon said hourly rate
at time increments of
no less than one-tenth
(1/10) of an hour based
upon time expended by
the Solicitor or any
designated from time to
time by the Board of
B. The amount of attorney’s fees based on Section 209.6A, above shall be added to and included in the Township’s claim and/or suit, as the case may be, in each matter. In addition, there shall be added to and included with the attorney’s fees in each claim or suit the reasonable out-of-pocket expenses of counsel in connection with all services provided, including but not limited to, Sheriff’s and Prothonotary’s costs.
C. Prior to the assessment or imposition of attorney’s fees in the collection of a delinquent account, including municipal claims and municipal liens, notice shall be given to the account holder in accordance with the provisions of Title 53 P.S. Section 7106, or any amended or successor provision thereof.
(Ord. 64, 4/6/1965, §13; as amended by Ord. 82-5, 9/28/1982, §2; by Ord. 88-7, 10/4/1988, §2; by Ord. 92-6, 3/3/1992, §1; by Ord. 05-09, 06/30/05, §1 and by Ord. 2018-01, 01/02/2018)
§210. DELINQUENT SEWER RENTALS; SHUTTING OFF WATER.
1. Implementation. The Township Manager of this Township (herein¬after called “Manager”) is hereby authorized and empowered to implement the procedures of the Act of April 14, 1949, P.L. 482, as amended (53 P.S. §2261 et seq.) to cause the supply of water to be shut off to a premises where the owner or occupant of a premises served by any water utility shall neg¬lect or fail to pay to this Township for a period of 30 days after a written notice of delinquency to be given by the Manager, any rental, charge or rate for sewer, sewerage or sewage treatment service imposed by this Township (said notice to be given not less than 30 days after the original due date of said rental, rate or charge).
2. Notice of Delinquency. The notice of delinquency required under subsection (1), hereinabove, shall be served upon the person, corporation or firm liable for the pay-ment of the rentals and charges either by (a) personal service, or (b) by mailing the same by certified mail, return receipt requested, and by regular first-class mail ad-dressed to the last known address of said person, corporation or firm, setting forth the fact of the delinquency in payment of the sanitary sewer rentals, charges or rates, the amounts thereof together with interest and penalties, the fact that water service will be discontinued under the authority and procedure of the Act if the amounts due this Township have not been paid within 30 days after service of such notice.
3. Hearing Procedure. In the event that the person liable for the payment of the sewer rentals and charges files with the water utility or this Township a written statement of defense as permitted under the Act, a hearing board consisting of not less than three Township Commissioners appointed by the President of the Board of Commission¬ers shall hear said defense at a hearing to be convened not less than 10 days after receipt of said written statement of defense, said hearing to be conducted pursuant to the Local Agency Law, 2 Pa.C.S. §551 et seq.
4. Additional Remedy. This Section is not intended to repeal any earlier ordinance providing for remedies to collect delinquent sewer ren¬tals, charges or rates, but is intended to provide an additional remedy.
(Ord. 64, 4/6/1965; as added by Ord. 85-5, 8/6/1986, §§2-6)
1. Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense. [Ord. 98-7]
2. Any person, firm or corporation who shall violate any provision of this Part or rules and regulations adopted hereunder, other than provisions relating to the payment of sewer rentals, shall also be liable for any and all damages suffered and expenses incurred by this Township as a result of such violation. Said damages and expenses shall be collected by an action or actions at law or in equity. The right to seek damages and expenses shall exist completely separate and independent of the right to seek criminal penalties and both rights may be pursued simultaneously or sequentially.
(Ord. 64, 4/6/1965, §13; as amended by Ord. 75-4, 3/4/1974, §1; by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)
§212. RULES AND REGULATIONS.
The Township reserves to right to, and may from time to time, adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use and operation of the sewer system, and all such rules and regulations shall be and become a part of this Part.
(Ord. 64, 4/6/1965, §14)
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INDIVIDUAL SEWAGE SYSTEMS
1. It shall be unlawful for any person to construct, install, alter or extend any individual or community sewage system within Hampden Township unless he holds a valid permit issued by the Sewage Enforcement Officer. The permit shall be in the name of such person for the specific construction, alteration or extension proposed.
2. Application for a permit to install an individual or community sewage system shall be made by the property owner to the Township of Hampden prior to the commence¬ment of construction of any such system or of any building for which such a system is to be installed. The application shall contain such information as the Pennsylvania Department of Environmental Protection (DEP) and the Township of Hampden shall deem necessary, including the information found on the Pennsylvania Sewage Facilities Act Application for Sewage Disposal System, Form ER-BWQ-290 (formerly ER-BCE-128), in addition to such further information as may be required by the Sewage Enforcement Officer to ensure the proposed construction installation, alteration, or extension complies with the regulations promulgated by DEP’s Act 537, Chapters 71 and 73. [Ord. 98-7]
3. When the Sewage Enforcement Officer has found an application incomplete, or the Officer is unable to verify the information submitted, the applicant shall be notified in writing within 7 days and the time for acting thereon shall be extended fifteen (15) days beyond the date of adequate supplementary or amendatory data.
4. The Sewage Enforcement Officer shall not issue permits for individual or community sewage systems unless the system proposed is consistent with the Hampden Official Plan in which said system is to be located.
5. When the Sewage Enforcement Officer is satisfied the application is complete and the proposed design meets the requirements of DEP and the Township of Hampden and will adequately protect the public health and prevent pollution, a permit shall be issued. [Ord. 98-7]
6. The permit shall be issued or denied by the Sewage Enforcement Officer in writing within 7 days after receiving a completed application for permit.
7. Any application for a permit for an individual or community sewage system where a license, certificate of registration, or permit is required from DEP or for an experimen¬tal sewage system, shall receive the concurrence of DEP in writing prior to the issuance by the Township Sewage Enforcement Officer. [Ord. 98-7]
8. If construction or installation of an individual or community sewage system and of any building or structure for which such system is to be installed has not commenced within 3 years after the issuance of a permit for such system, said permit shall expire. A new permit shall be obtained prior to the commencement of said construction or installation. [Ord. 98-7]
(Ord. 57, 5/5/1964, §3, as amended by Ord. 69-2, 1/7/1969, and by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)
1. No permit of any installation shall be covered until it is inspected and given final written approval by the Sewage Enforcement Officer.
2. The applicant shall notify the Township when the installation is completed and ready for inspection.
3. The applicant may cover the installation upon receipt of written approval or in the absence of written approval or disapproval, at the expiration of 72 hours, excepting Sundays and holidays, from the time Hampden Township received the notice to in-spect.
4. The Township Sewage Enforcement Officer may inspect and make tests at any time either before, during or after construction and may, by order, require an installation to be covered contrary to the provisions herein.
5. When the inspection reveals that the installation of the system, water supply location, or underground soil or geologic conditions differ from those stated in the application, the permit shall be revoked and no further construction of either the system or the building for which it is intended may take place until the permit has been reinstated.
(Ord. 57, 5/5/1964, §4; as amended by Ord. 84-6, 7/3/1984)
§303. SITE INVESTIGATION AND PERCOLATION TESTS.
1. Soil tests to determine the presence of a limiting zone and the capacity of the soil to permit the passage of water shall be conducted prior to the issuance of a permit.
2. On all locations where the installation of an absorption area is proposed, at least one excavation for examination of the soil profile shall be provided. The depth of the excavation shall be to the top of the limiting zone, or a maximum of 8 feet.
3. All soil profile excavations shall be conducted within 10 feet of the proposed absorption area. A description of the soil profile shall be recorded on Form ER-BWQ-290, Appendix A.
4. The percolation tests shall be conducted by six or more separate test holes spaced uniformly over the proposed absorption area site. All percolation holes located within the proposed absorption area shall be used in the calculation of the arithmetic average percolation rate.
5. Measurement to the water level in the individual percolation holes shall be made from a fixed reference point and shall continue for a minimum of eight readings or until a stabilized rate of drop is obtained with a difference of 1/4 inch or less of drop between the highest and lowest readings of four consecutive readings. The drop that occurs in the final period in all percolation holes, expressed as minutes per inch, shall be issued to calculate the arithmetic average percolation rate.
6. The Sewage Enforcement Officer, prior to issuing a permit, shall either observe, con-duct personally, or otherwise confirm in a manner approved by DEP, all tests used to determine the suitability of a site for the utilization of an individual or community sewage system. [Ord. 98-7]
7. The location and depth to the limiting zone of all soil profile excavations and the location of all percolation tests conducted on a lot shall be indicated on the plot plan of the Application for Sewage Disposal System, Form ER-BWQ-290 or attached diagram.
(Ord. 57, 5/5/1964, §4; as amended by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)
All fees paid to the Township of Hampden for the implementation of this Part shall be described by a Township resolution enacted by the Hampden Township Board of Commissioners. All fees due shall be paid before or at the time the permit application to construct, install, alter or extend any individual or community sewage system is filed with the Township.
(Ord. 57, 5/5/1964; as added by Ord. 84-6, 7/3/1984)
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
(Ord. 57, 5/5/1964, §5; as amended by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)
[THIS PAGE LEFT BLANK]
The purpose of this Part is to establish procedures for the use and maintenance of holding tanks designed to receive and retain sewage, whether from residential or commercial uses, and it is hereby declared that the enactment of this part is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Township.
(Ord. 75-10, 10/7/1975, §1)
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:
BOARD – the Board of Commissioners of Hampden Township, Cumberland County, Pennsylvania.
HOLDING TANK – a water-tight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. Holding tanks include but are not limited to the following:
(1) Chemical Toilet – a toilet using chemicals that discharge to a holding tank.
(2) Retention Tank – a holding tank where sewage is conveyed to it by a water carrying system.
(3) Vault Pit Privy – a holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY – any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be dis-charged.
OWNER – any person vested with the ownership, legal or equitable; sole or partial, of any property located in this Township.
PERSON – any individual, partnership, company, association, corporation or other group or entity.
SEWAGE – any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substance being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply for recreation.
(Ord. 75-10, 10/7/1975, §2)
§403. HOLDING TANKS AUTHORIZED.
From and after the effective date of this Part, the Board may authorize the owner of any improved property within this Township, which does not abut a public sewer system or which cannot otherwise be legally required to connect to a public sewer system, to install a holding tank, but only upon issuance of a permit and only in accordance with rules and regulations established by the Board.
(Ord. 75-10, 10/7/1975, §3)
§404. RULES AND REGULATIONS AUTHORIZED.
Upon the enactment of this Part, the Board shall adopt such rules and regulations concerning the use of holding tanks within this Township, the installation and maintenance thereof, the disposal of sewage there from, including the collection and transportation thereof, and such other matters pertaining to holding tanks as said Board may deem necessary or advisable. Said rules and regulations may be amended, from time to time, by action of the Board. All such rules and regulations adopted by the Board shall be in conformity with the provisions of this Part, all other ordinances of this Township, all applicable laws, and all applicable rules and regulations of the administrative agencies of the Commonwealth of Pennsylvania.
(Ord. 75-10, 10/7/1975, §4)
§405. ISSUANCE OF PERMIT.
Any owner of improved property within the Township who desires to install a holding tank shall file an application for a permit with the Township Code Enforcement Officer, containing such information as may be required by the rules and regulations adopted by the Board, as herein authorized, and such other information as the Code Enforcement Officer may deem necessary or advisable in the particular case. If, after consideration of the application and investigation of all the facts surrounding the same, the Code Enforcement Officer determines that a holding tank permit can legally be issued, he shall so inform the owner and advise the owner of the amount of the performance bond or other security to be deposited with the Township as provided for in §406(3) of this Part. Upon the deposit of such performance bond or other security and approval thereof by the Township Solicitor, the Code Enforcement Officer may issue the permit. If the Code Enforcement Officer determines that a holding tank permit cannot legally be issued on the basis of the application, he shall so inform the owner in writing, specifying the reasons why the application cannot be approved. Any owner aggrieved by the determination of the Code Enforcement Officer may appeal there from to the Board.
(Ord. 75-10, 10/7/1975, §5)
§406. RESPONSIBILITIES OF OWNER.
The owner of any improved property for which a holding tank permit is issued shall have the responsibility:
A. To have in force and effect at all times a contract with a person acceptable to the Township, for the draining, transportation and disposal of sewage from the holding tank at such intervals, in such manner and at such site as may be required by the rules and regulations adopted pursuant to the provisions of this Part.
B. To pay promptly all costs and expenses related to the draining, transportation and disposal of sewage from the holding tank, all costs and expenses of maintenance of the holding tank, all costs and expenses related to the perfor-mance bond or other security required by the provisions of this Part, and all costs and expenses related to the issuance of the holding tank permit and the inspection of the holding tank.
C. To keep on deposit with the Township at all times a fully effective perfor-mance bond or other security in an amount determined under the rules and regulations adopted pursuant to the provisions of this Part.
D. To maintain the holding tank in conformance with the rules and regulations adopted pursuant to the provisions of this Part, or the provisions of any applicable law, or the rules and regulations of any administrative agency of the Commonwealth of Pennsylvania.
(Ord. 75-10, 10/7/1975, §6)
§407. RENEWAL AND REVOCATION OF PERMITS.
No permit issued hereunder shall extend for a term greater than 3 years from the date of issuance thereof. Any renewal of a holding tank permit shall be made only in conformance with the provisions of this Part and the rules and regulations adopted hereunder, in effect at the time the application for renewal is filed. The Code Enforcement Officer may revoke the holding tank permit issued with respect to any improved property if the owner thereof violates any of the provisions of this Part or the rules and regulations adopted pursuant to the provisions hereof. Such revocation shall be made only if the owner fails or refuses to correct said violation within 48 hours after receiving written notification thereof. Such written notification shall be deemed to have been received at the time it is physically delivered to the address of the owner as appearing on the records of the Township, or 24 hours after such written notification is deposited in the United States Mail, postage prepaid, addressed to the address of the owner as appearing on the records of the Township.
(Ord. 75-10, 10/7/1975, §7)
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
(Ord. 75-10, 10/7/1975, §8; as amended by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)
§409. ABATEMENT OF NUISANCES.
In addition to any other remedies provided in this Part, any violation of the provisions hereof or of the rules and regulations adopted pursuant hereto shall constitute a nuisance and shall be abated by the Township either by seeking appropriate equitable or legal relief from a court of jurisdiction or by other appropriate action.
(Ord. 75-10, 10/7/1975, §9)
B. Rules and Regulations.
These rules and regulations are promulgated pursuant to the authoriza¬tion contained in §404 of this Part.
(Ord. 75-10, 10/7/1975, Attachment)
These rules and regulations are adopted for the purpose of promoting, protecting and facilitating the public health, safety and general welfare and shall be construed to be minimum requirements for effectuating such purposes. Where the provisions of these rules and regulations conflict with any provisions of Ordinance No. 75-10 [Part 4A hereof], the provisions of the ordinance shall prevail. Where the provisions of these rules and regulations are not in conflict with the provisions of Ordinance No. 75-10 but do conflict with the provisions of any other ordinance of the Township of Hampden or of rules and regulations adopted hereunder, the provisions imposing the greater restrictions and requirements shall prevail.
(Ord. 75-10, 10/7/1975, Attachment)
The definitions contained in §402 of this Part 4 are incorporated in these rules and regula-tions by reference. In addition, the following definitions shall be controlling:
COMMUNITY SEWAGE SYSTEM – any system, whether publicly or privately owned, for the collection of sewage from two or more lots and the treatment and/or disposal of the sewage on one or more of the lots or at any other site.
HOLDING TANK CLEANER – a person or entity who removes the contents of a holding tank for purposes of disposing of the sewage at another site.
INDIVIDUAL SEWAGE SYSTEM- a system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part, into the soil or into any waters or by means of conveyance to another site for final disposal.
SEWAGE ENFORCEMENT OFFICER – the official appointed by the Board to re-view, issue, and enforce permit applications and conducts such investigations and inspections as are necessary to implement the sewage facilities act and the rules and regulations hereunder.
TOWNSHIP – the Township of Hampden, Cumberland County, Pennsylvania.
(Ord. 75-10, 10/7/1975, Attachment)
§414. USE OF HOLDING TANKS.
1. Holding tanks cannot be used on any improved property which abuts a public sewer system or which can otherwise be legally required to connect to a public sewer system.
2. Holding tanks can be used as a temporary means of sewage collection and disposal on any improved property not included within subsection (1):
(1) Which cannot meet the minimum requirements for utilization of an on-lot sewage system.
(2) Which, according to the official Township sewer plan, is proposed to be served by a public sewer system within a period of 3 years.
(4) Which encounters a malfunction in the existing on-lot sewage system and such system cannot be repaired or altered so as to eliminate the malfunc¬tion and still meet the minimum requirements of Chapter 73 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection adopted pursuant to the Sewage Facilities Act.
(Ord. 75-10, 10/7/1975, Attachment; as amended by Ord. 98-7, 8/27/1998)
§415. ISSUANCE OF PERMIT.
1. The installation of a holding tank constitutes the installation of either an individual sewage system or a community sewage system. Prior to the installation of a holding tank and prior to the start of construction of any new building for which a holding tank is proposed to be installed, the owner shall obtain a holding tank permit.
2. Prior to the installation of a holding tank in connection with the replacement, repair or enlargement of any existing sewage system, the owner shall obtain a holding tank permit unless the Pennsylvania Department of Environmental Protection determines that a permit is not required in the particular case. [Ord. 98-7]
3. Any owner desiring to obtain a holding tank permit shall make application therefore on forms approved by the Township. The application shall include or be accompanied by the following information and documents:
A. The information required on the Pennsylvania Sewage Facilities Act Applica-tion for Sewage Disposal System, Form ER-BCE-128.
B. The proposed design and details of installation.
C. The schedule for the complete maintenance and disposal operation, including the name of the holding tank cleaner, the location of the disposal site, the ap-proximate date or dates each month for the cleaning of the holding tank, and the approximate time of day when such cleaning shall be done.
D. Statement from the holding tank cleaner indicating his intent to enter into a contract with the owner for the cleaning of the holding tank on the approximate dates and times shown on the schedule, the estimated annual cost of such cleaning, that the contract will be terminable by either party only on ten (10) days notice, and his promise to notify the Township promptly if such contract is terminated.
E. Evidence that the holding tank cleaner and the proposed disposal site have been approved by the Pennsylvania Department of Environmental Protection. [Ord. 98-7]
F. Plan Revision Module prepared in accordance with the requirements of the Pennsylvania Department of Environmental Protection. [Ord. 98-7]
G. Such other information and documentation as the Township Sewage Enforce-ment Officer shall deem necessary in the particular case.
4. The application shall be filed with the Township Sewage Enforcement Officer and shall be accompanied by the fee required by §420 of these rules and regulations.
5. The Sewage Enforcement Officer shall approve or deny the application within a period of 30 days after a completed application is filed, unless such time is extended by consent of the owner and the Township. If the application is not complete or if the Sewage Enforcement Officer is not able to verify the information submitted, the owner shall be notified in writing within a period of 7 days and the time limits for approving or denying the application shall be extended 15 days beyond the date when adequate supplementary or amendatory data is received by the Sewage Enforcement Officer.
6. If the Sewage Enforcement Officer is satisfied that the application is complete, that the proposed design meets all requirements of Ord. 75-10 [Part 4A] and these rules and regulations and will adequately protect the public health and prevent pollution, he shall approve the application and notify the owner, in writing, that a permit will be issued:
A. After the owner deposits with the Sewage Enforcement Officer a bond or other security in the amount specified in the notice and a copy of the executed contract between the owner and the holding tank cleaner.
B. After such documents are examined and approved by the Township Solicitor,.
C. After the Board accepts and approves the plan revision module.
D. After the plan revision module is forwarded to the Pennsylvania Department of Environmental Protection for approval. [Ord. 98-7]
7. When everything required by subsection (6) of this Section has been accomplished, the Sewage Enforcement Officer shall issue the permit.
8. If the application does not satisfy the requirements of Ord. 75-10 [Part 4A] and these rules and regulations, the Sewage Enforcement Officer shall deny the application and so inform the owner in writing, specifying the reasons for the denial.
9. Permits shall extend for a term of not more than 3 years from the date of issuance. If the installation of the holding tank and the individual sewage system or community sewage system of which it is a part is not commenced within a period of 2 years after the date of issuance of the permit, the permit shall expire and no installation shall be commenced without the issuance of a new permit.
(Ord. 75-10, 10/7/1975, Attachment; as amended by Ord. 98-7, 8/27/1998)
§416. RENEWAL OF PERMITS.
1. An owner desiring to renew a permit for a holding tank shall file a renewal applica-tion which shall be governed by and processed in accordance with all of the proce-dures set forth in §415 unless the Sewage Enforcement Officer determines that one or more of such procedures is unnecessary or inapplicable to the renewal of the permit.
2. A renewal application shall be approved or denied on the basis of whether or not it conforms to the provisions of Ord. 75-10 [Part 4A] and these rules and regulations in the form in which they are in effect at the time the renewal application is filed.
3. Renewal permits shall extend for a term of not more than 3 years.
(Ord. 75-10, 10/7/1975, Attachment)
§417. REVOCATION OF PERMITS.
1. The Sewage Enforcement Officer may revoke a holding tank permit for any one or more of the following reasons:
A. The information and date contained in, or submitted with, the application is false in a material sense.
B. The issuance of the permit is in violation of Part 4A of these rules and regula-tions.
2. Upon being satisfied that a reason for revocation exists, the Sewage Enforcement Officer shall prepare a written notice to the owner in which he shall specify in detail the reason for revocation and advise the owner that the permit will be revoked unless the reason is corrected within 48 hours after the notice is received. The Sewage Enforcement Officer shall either:
A. Deliver the notice or cause the same to be delivered to the address of the owner as it appears on the permit.
B. Deposit the notice in the United States Mail, postage prepaid, addressed to the address of the owner as it appears on the permit.
3. The notice provided for in subsection (2) of this Section shall be deemed to have been received at the time it is physically delivered to the address of the owner or 24 hours after it is deposited in the United States Mail.
4. If the reason for revocation is not corrected within the time limits above set forth or within any extension of time granted in writing by the Sewage Enforcement Officer, the Sewage Enforcement Officer shall revoke the permit and notify the owner thereof in writing, directing the owner to cease and desist immediately from any further use of the holding tank.
5. If an owner fails or refuses to cease and desist from the use of the holding tank for which the permit has been revoked, the same shall constitute a nuisance and the Sewage Enforcement Officer may take such action, including disconnection of the holding tank and related facilities, as may be legal and appropriate to the situation.
6. Once revoked, a permit for a holding tank shall not be reinstated unless the owner complies with the provisions of §415 hereof and pays all costs incurred by the Township in connection with the revocation.
(Ord. 75-10, 10/7/1975, Attachment)
§418. CONSTRUCTION REQUIREMENTS.
1. Capacity. A holding tank shall be large enough to hold a minimum of three (3) days of sewage waste per dwelling unit or 1,000 gallons per dwelling unit, whichever is larger. (See §73.91 of Chapter 73, Pennsylvania Sewage Facilities Act, for sewage flow.)
A. Precast concrete tanks shall have a minimum wall thickness of 2 1/2 inches and must be adequately reinforced.
B. The liquid depth of any tank shall not be less than 3 feet nor greater than 7 feet.
C. Steel tanks shall meet United States Department of Commerce Standards 711-62.
D. Tanks shall not be constructed of blocks, bricks or similar masonry construc-tion.
E. Access to each tank shall be provided by a manhole having a diameter of at least 20 inches and equipped with a removable cover. Manhole extensions shall terminate at least 12 inches below the surface or be air-tight.
3. Warning Device. A holding tank shall be equipped with a warning device to indicate when the tank is filled to 75% of its capacity. The warning device shall create an audible or visible signal, or both, at a location frequented by the owner or other responsible person.
4. Minimum Isolation Distances. The following minimum distances shall be maintained between a holding tank and the features indicated:
A. Property line or right-of-way – 10 feet.
B. Occupied buildings – 10 feet.
C. Individual water supply or water supply system suction line – 50 feet.
D. Water supply line under pressure – 10 feet.
E. Streams, lakes or other surface waters – 50 feet.
(Ord. 75-10, 10/7/1975, Attachment; as amended by Ord. 98-7, 8/27/1998)
§419. MAINTENANCE REQUIREMENTS.
1. The owner shall be fully responsible for the timely cleaning and maintenance of the holding tank and related facilities and for the payment of the costs thereof.
2. The owner shall keep in force and effect at all times the contract between the owner and a holding tank cleaner, a copy of which was deposited with the Sewage Enforcement Officer at the time of issuance of the permit, or a contract in replacement thereof. If either party to the contract gives notice of termination, the owner shall promptly advise the Sewage Enforcement Officer and proceed to enter into a contract with another holding tank cleaner not later than the termination of the prior contract. A copy of the new contract shall be delivered promptly to the Sewage Enforcement Officer, shall involve a holding tank cleaner and disposal site approved by the Pennsylvania Department of Environmental Protection and shall otherwise conform to the prior contract except in those particulars specifically approved by the Sewage Enforcement Officer. [Ord. 98-7]
3. The owner shall keep in force and effect at all times and on deposit with the Town-ship a performance bond or other security acceptable to the Board and approved by the Township Solicitor in an amount at least equal to the estimated annual cost of cleaning the holding tank pursuant to the schedule approved as part of the applica-tion and at the rates set forth in the contract between the owner and the holding tank cleaner. If, because of increase in rates or because of increase in the frequency of cleaning, or both, the performance bond or other security is no longer adequate in the opinion of the Sewage Enforcement Officer, the owner shall, upon 30 days notice, deposit a bond or other security in the specified higher amount. If the bond or other security has an expiration date earlier than the expiration date of the permit or if the owner decides to replace the bond or other security on deposit with another bond or other security, the owner shall notify the Sewage Enforcement Officer at least 60 days in advance and shall deposit a replacement bond or other security for approval at least 30 days in advance.
4. The owner shall permit the Sewage Enforcement Officer, or his authorized agent, to inspect the holding tank and related facilities at any reasonable time and shall promptly perform such maintenance and correct such deficiencies as the Sewage Enforcement Officer or his authorized agent may direct.
5. The owner shall pay promptly all costs and expenses related to the cleaning, maintenance and repair of the holding tank and related facilities, all costs and expenses necessary to keep in continuing full force and effect the approved contract between the owner and the holding tank cleaner and all costs and expenses necessary to keep in continuing full force and effect the approved performance bond or other security.
(Ord. 75-10, 10/7/1975, Attachment; as amended by Ord. 98-7, 8/27/1998)
The fee for a permit or renewal permit shall be as established from time to time by resolu-tion of the Board of Commissioners to cover the costs to the Township of investigation and processing of the application.
(Ord. 75-10, 10/7/1975, Attachment; as amended by Ord. 98-7, 8/27/1998)
Any owner aggrieved by a decision or action of the Sewage Enforcement Officer may appeal there from to the Board. Said appeal shall be filed on forms available at the office of the Township Manager within 30 days after the decision or action complained of. Unless specifically approved by the Board, no such appeal shall act as a supersedeas.
(Ord. 75-10, 10/7/1975; Attachment)
ESTABLISHING SEWER DISTRICT 1
§501. ESTABLISHING DISTRICT.
There is hereby created in the Township of Hampden a sewer district, to be known as Sewer District No. 1 to be bounded according to a plan dated August 22, 1965, prepared by Glace & Glace, Inc., Consulting Engineers, Harrisburg, Pennsylvania, copies of which plan and description of the real estate encompassed in said sewer district is on file and may be examined at the office of the Township, 230 South Sporting Hill Road, Hampden Township, Cumberland County, Pennsylvania.
(Ord. 67, 9/7/1965, §1)
§502. CONSTRUCTION OF SEWERS AUTHORIZED.
The said Sewer District No. 1 is hereby designated a sewer service area of the Township, and the construction of sewers for and in said sewer district is hereby authorized.
(Ord. 67, 9/7/1965, §2)
§503. OWNERS TO PAY FOR LINES.
The expense of constructing said additional sanitary sewerage facilities in Sewer District No. 1, insofar as provided and permitted by law, shall be assessed upon the several properties abutting on said additional sewerage facilities, in proportion to benefits received.
(Ord. 67, 9/7/1967; as amended by Ord. 68-1, 1/9/1968)
§601. GENERAL PROVISIONS.
1. Purpose and Policy.
A. This Part sets forth uniform requirements for users of the wastewater collection and publicly owned treatment works (POTW) for the Township of Hampden and enables the Township to comply with all applicable State and Federal laws including the Clean Water Act (33 U.S.C. §1251 et seq.), and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this Part are:
(1) To prevent the introduction of pollutants into the POTW that will inter-fere with the operation of the POTW.
(2) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW.
(3) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations.
(4) To protect POTW personnel who may be affected by wastewater and sludge in the course of the employment and to protect the general public.
(5) To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW.
(6) To provide for fees for the equitable distribution of the cost of operation, mainte¬nance and improvement of the POTW.
(7) To enable the Township of Hampden to comply with its NPDES permit conditions, sludge use and disposal requirements and any other Federal or State laws to which the POTW is subject.
B. This Part provides for the regulation of users of the sewer system through the issuance of wastewater discharge permits to significant industrial users and through enforcement of general requirements for the other users. This Part authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires industrial user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
2. Administration. Except as otherwise provided herein, the Pretreatment Coordinator shall administer, implement and enforce the provisions of this Part. Any powers granted to or duties imposed upon the Pretreatment Coordinator may be delegated by the Pretreatment Coordinator to other Township personnel.
3. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part, shall have the meanings hereinafter designated.
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.
APPROVAL AUTHORITY – an NPDES State with an approved State pretreatment program; otherwise, the appropriate Regional Administrator of the U.S. EPA or his designee.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER –
(1) If the industrial user is a corporation, authorized representative shall mean:
(a) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation.
(b) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in sec-ond quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the industrial user is a partnership or a sole partnership, an authorized representa¬tive shall mean a general partner or proprietor, respectively.
(3) If the industrial user is a Federal, State or local governmental facility, an authorized representative shall mean a director of highest official ap-pointed or designated to oversee the operation and performance of the activities of the government facility or his/her designee.
(4) The individuals described in subsections (1) (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the Township.
BIOCHEMICAL OXYGEN DEMAND (BOD) – the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, 5 days at 20 degrees centigrade expressed in terms of mass and concentration (milligrams per liter (mg/l)).
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD -Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with §307(b) and (c) of the Act (33 U.S.C. §1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 471.
COLOR – the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.
COMPOSITE SAMPLE – the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
ENVIRONMENTAL PROTECTION AGENCY or EPA – the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency.
EXISTING SOURCE – any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with §307 of the Act.
GRAB SAMPLE – a sample which is taken from a waste stream on a one time basis without regard to the flow in the waste stream and without consideration of time.
INDIRECT DISCHARGE or DISCHARGE – the introduction of (non-domestic) pollutants into the POTW from any non-domestic source regulated under §307(b), (c) or (d) of the Act.
INDUSTRIAL USER – a source of indirect discharge, or an establishment which discharges or introduces industrial wastes into a publicly owned treatment works (POTW).
INDUSTRIAL WASTES – any liquid, gaseous, radioactive, solid or other substance, resulting from any manufacturing, industrial, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sewage.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT – the maxi-mum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, inde-pendent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE – a discharge which alone or in conjunction with a discharge or discharges from other sources (1) inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and (2) therefore is a cause of a violation of the Township’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under (or more stringent State or local regulations): §405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
MEDICAL WASTE – isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NEW SOURCE –
(1) 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 Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed at a site at which no other source is located.
(b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pol-lutants at an existing source.
(c) 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.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a new source as defined under this subsection has com-menced if the owner or operator has:
(a) Begun or caused to begin as part of a continuous onsite construc-tion program:
1) Any placement, assembly or installation of facilities or equipment; or,
2) Significant site preparation work including clearing, excava¬tion or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.
(b) Entered into a binding contractual obligation for the pur-chase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engi-neering and design studies do not constitute a contractual obligation under this subsection.
NON-CONTACT COOLING WATER – water used for cooling which does not come into direct contact with any raw material intermediate product, waste product or finished product.
PASS THROUGH – a discharge which exits the POTW into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a charge or discharges from other sources, is a cause of a violation of any requirement of the Township’s NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON – any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. This definition includes all Federal, State or local governmental entities.
pH – a measure of the acidity or alkalinity of a substance, expressed in standard units.
POLLUTANT – any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes and the characteristics of the wastewater, i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor.
PRETREATMENT – the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT COORDINATOR – the person designated by the Township to administer, implement and enforce the provisions of this Part.
PRETREATMENT REQUIREMENTS – any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
PRETREATMENT STANDARD or STANDARDS – pretreatment standards shall mean prohibitive discharge standards, categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES – absolute prohibitions against the discharge of certain substances. These prohibitions appear in §602(1) of this Part.
PUBLICLY OWNED TREATED WORKS (POTW) or SEWER SYSTEM – a “treat-ment works” as defined by §212 of the Act (33 U.S.C. §1929) which is owned by the State, municipality or municipal authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sew-age or industrial wastes and any conveyances which convey wastewater to a treat-ment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
SEPTIC TANK WASTE – any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE – human excrement and gray water (household showers, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER – shall apply to industrial users subject to categorical pretreatment standards and any other industrial user that:
(1) Discharges an average of 25,000 gpd or more of process wastewater;
(2) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or,
(3) Is designated as significant by the Township on the basis that the indus-trial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or require¬ment.
SLUG LOAD – any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §602(1) of this Part or any discharge of a non-routine, episodic nature including, but not limited, an accidental spill or a non-customary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE – a classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
STORMWATER – any flow occurring during or following any form of natural precipita¬tion and resulting there from including snowmelt.
SUPERINTENDENT – the person designated by the Township to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this ordinance or his duly authorized representative.
SUSPENDED SOLIDS – the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid and which is removable by laboratory filtering.
TOWNSHIP – the Township of Hampden, a township of the first class, situated in Cumberland County, Pennsylvania.
TOXIC POLLUTANT – one of 126 pollutants, or combination of those pollutions, listed as toxic in regulations promulgated by the EPA under the provision of §307 (33 U.S.C. §1317) of the Act.
TREATMENT PLANT EFFLUENT – any discharge of pollutants from the POTW into waters of the State.
WASTEWATER – liquid and water carried industrial wastes and sewage from resi-dential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT – that portion of the POTW designed to provide treatment of sewage and industrial waste.
USER – any person who contributes, causes or permits the contribution of wastewater into the sewer system and shall include the owner of any improved property contributing wastewater to the sewer system. A user shall also include a industrial user.
Shall is mandatory; may is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
4. Abbreviations. The following abbreviations shall have the designated meanings:
A. BOD – Biochemical Oxygen Demand.
B. CFR Code of Federal Regulations.
C. COD Chemical Oxygen Demand.
D. EPA U.S. Environmental Protection Agency.
E. gpd Gallons Per Day.
F. l Liter.
G. mg Milligrams.
H. mg/l Milligrams per liter.
I. NPDES National Pollutant Discharge Elimination System.
J. O&M Operation and Maintenance.
K. POTW Publicly Owned Treatment Works.
L. RCRA Resource Conservation and Recovery Act.
M. SIC Standard Industrial Classifications.
N. SIU – Significant Industrial User.
O. SWDA Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
P. TSS Total Suspended Solids.
Q. USC United States Code.
(Ord. 93-6, 4/6/1993, §601)
§602. GENERAL SEWER USE REQUIRE¬MENTS.
1. Prohibited Discharge Standards.
A. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State or local pretreatment standards or requirement. Furthermore, no industrial user may contribute the following substances to the POTW:
(1) Pollutants which create a fire or explosive hazard in the municipal wastewater collection and POTW including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit. (60 degrees C) using the test methods specified in 40 CFR §261.21.
(2) Any wastewater having a pH less than 5.0 or more than 9.0, or otherwise causing corrosive structural damage to the POTW or equipment or endangering Township personnel. [Ord. 98-7]
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but, in no case, solids greater than 1/2 inch in any dimension.
(4) Wastes having an average 5 day BOD concentration greater than 500 mg/l, a suspended solids concentration greater than 500 mg/l or of such character and quality that unusual attention or expense shall be required to handle such wastes at the treatment plant, a total phosphorus as PO4 content greater than 40 mg/l or an ammonia nitrogen content greater than 40 mg/l.
(5) Any wastewater having a temperature greater than 150 degrees Fahren¬heit. (66 degrees ¬C.) or which will inhibit biological activity in the treatment plant resulting in interference but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees¬ C.).
(6) Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.
(7) Any pollutants which 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.
(8) Any trucked or hauled pollutants.
(9) Any noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life or to prevent entry into the sewers for maintenance and repair.
(10) Any wastewater which imparts color which cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent thereby violating the Township’s NPDES permit. Color, in combination with turbidity, shall not cause the treatment plant effluent to reduce the depth of the compensa¬tion point for photosynthetic activity by more than 10% percent from the seasonably established norm for aquatic life.
(11) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Superintendent in compliance with applicable State or Federal regulations.
(12) Stormwater, surface water, ground water, artisan well water, roof runoff, subsurface drainage, sump pumps and floor drains, swimming pool drainage, condensate, deionized water, non-contact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent. [Ord. 98-7]
(13) Any sludges, screenings or other residues from the pretreatment of in-dustrial wastes.
(14) Any medical wastes except as specifically authorized by the Superinten¬dent in a wastewater discharge permit.
(15) Any wastewater causing the treatment plant’s effluent to fail a toxicity test.
(16) Any wastes containing detergents, surface active agents or other sub-stanc¬es which may cause excessive foaming in the POTW.
(17) Any discharge of fats, oils or greases of animal or vegetable origin is limited to 140 mg/l.
B. If any waters or wastes are discharged or are proposed to be discharged to the sewer system, which waters contain the substances or possesses the characteris¬tics enumerated in this Section, and, which in the judgment of the Township may have a deleterious effect upon the sewer system or otherwise create a hazard to life or constitute a public nuisance, the Township may, upon giving official notice to the user:
(1) Reject the waste.
(2) Require pretreatment to reduce characteristics to meet this program.
(3) Require control over the quantities and rates of discharge.
(4) Require immediate discontinuance of the waste discharge and direct the user to comply with the effluent limitations as provided by this program.
(5) Utilize the enforcement provisions of this Part.
C. If any sump pumps are connected to the sanitary sewers, they shall be removed within 30 days of receipt of notice from the Township to remove said connec¬tion. In the event said connection is not removed, the Township shall cause said connection to be removed at the owner’s expense. [Ord. 98-7]
2. Federal Categorical Pretreatment Standards. The national categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 471, are hereby incorporated.
3. State Requirements. State requirements and limitations on discharge shall apply in any case where they are more stringent than Federal requirements and limitations or those imposed under this Part.
4. Specific Pollutant Limitations.
A. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following (instantaneous maximum allowable discharge limits).
Roth Lane Sewer System Pinebrook Sewer System
Cadmium 0.02 mg/l 0.14 mg/l
Chromium 1.60 mg/l 0.84 mg/l
Copper 0.14 mg/l 0.22 mg/l
Mercury 0.006 mg/l 0.04 mg/l
Nickel 0.32 mg/l 0.72 mg/l
Lead 1.20 mg/l 7.00 mg/l
Zinc 3.80 mg/l 4.90 mg/l
Phenolics 24.80 mg/l 94.40 mg/l
Cyanide 2.00 mg/l 17.60 mg/l
Silver 0.06 mg/l 0.48 mg/l
B. Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentrations for metallic substances are for “total” metal unless indicated otherwise. At his discretion, the Superintendent may impose mass limitations in addition to or in place of the concentration based limitations above.
5. Township’s Right of Revision. The Township reserves the right to establish, by ordi-nance or in wastewater discharge permits, more stringent standards or require-ments on discharges to the POTW, if deemed necessary, to comply with the objectives presented in §601(1) of this Part or the general and specific prohibitions in §602(1) of this Part.
6. Special Agreement.
A. The Township reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR §403.15. They may also request a variance from the categorical pretreatment standard from EPA.
B. Such a request will be approved only if the industrial user can prove that fac-tors relating to its discharge are fundamentally different from the factors con-sidered by EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR §403.13.
7 Dilution. No industrial 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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Superinten¬dent may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.
(Ord. 93-6, 4/6/1993, §602; as amended by Ord. 98-7, 8/27/1998)
§603. PRETREATMENT OF WASTEWATER.
1. Pretreatment Facilities. Industrial users shall provide necessary wastewater treatment as required to comply with this Part and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in §602(1), above, within the time limitations specified by the EPA, the State or the Superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the Township shall be provided, operated and maintained at the industrial user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Township for review and shall be acceptable to the Township before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the Township under the provisions of this Part.
2. Additional Pretreatment Measures.
A. Whenever deemed necessary, the Superintendent may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams and such other conditions as may be necessary to protect the POTW and determine the industrial user’s compliance with the requirements of this Part.
B. Each SIU discharging into the POTW greater than 50,000 gallons per day or greater than 18% of the average daily flow in the POTW, which is lesser, shall install and maintain on his property and at his expense a suitable storage and flow control facility to insure equalization of flow over a twenty four (24) hour period. The facility shall have a capacity for at least 30% of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent. A wastewater discharge permit may be issued solely for flow equalization.
C. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand, except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner at his expense.
D. Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
E. At no time shall two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.
3. Accidental Discharge/Slug Control Plans. The Superintendent may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years, the Superintendent shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following:
A. Description of discharge practices, including non-routine batch discharges.
B. Description of stored chemicals.
C. Procedures for immediately notifying the POTW of any accidental or slug dis-charge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in §602(1) of this Part.
D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
4. Tenant Responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this Part.
5. Vandalism. No person shall maliciously, willfully or negligently break, damage, de-stroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in §§610 612, below.
(Ord. 93-6, 4/6/1993, §603)
§604. WASTEWATER DISCHARGE PERMIT ELIGIBILITY.
1. Wastewater Survey. When requested by the Superintendent, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Superinten¬dent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this Part.
2. Wastewater Discharge Permit Requirement.
A. It shall be unlawful for any significant industrial user to discharge wastewater into the Township’s POTW without first obtaining a wastewater discharge permit from the Superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part and subjects the wastewater discharge permittee to the sanctions set out in §§610 612. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State and local law.
B. The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this Part.
3. Wastewater Discharge Permitting Existing Connections. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this Part and who wishes to continue such discharges in the future shall, within 30 days after said date, apply to the Township for a wastewater discharge permit in accordance with subsection (6) below and shall not cause or allow discharges to the POTW to continue after 30 days of the effective date of this Part except in accordance with a wastewater discharge permit issued by the Superintendent.
4. Wastewater Discharge Permitting; New Connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least 30 days prior to the date upon which any discharge will begin.
5. Wastewater Discharge Permitting; Extrajurisdictional Industrial Users.
A. Any existing significant industrial user located beyond the Township limits shall submit a wastewater discharge permit application in accordance with subsection (6), below, within 30 days of the effective date of this Part. New significant industrial users located beyond the Township’s limits shall submit such applications to the Superintendent 30 days prior to any proposed discharge into the POTW.
B. Alternately, the Superintendent may enter into an agreement with the neigh-boring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program re-quirements against said industrial user.
6. Wastewater Discharge Permit Application Contents.
A. In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required by §606(1)(B) of this Part. The Superintendent shall approve a form to be used as a permit application. In addition, the following information may be requested:
(1) Description of activities, facilities and plant processes on the premises including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
(2) Number and type of employees, hours of operation and proposed or ac-tual hours of operation of the POTW.
(3) Each product produced by type, amount, process or processes and rate of production.
(4) Type and amount of raw materials processed (average and maximum per day).
(5) The site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge.
(6) Time and duration of the discharge.
(7) Any other information as may be deemed necessary by the Superinten-dent to evaluate the wastewater discharge permit application.
B. Incomplete or inaccurate applications will not be processed and will be re-turned to the industrial user for revision.
7. Application Signatories and Certification. All wastewater discharge permit applica¬tions and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user.
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations.”
8. Wastewater Discharge Permit Decisions. The Superintendent will evaluate the data furnished by the industrial user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The Superintendent may deny any application for a wastewater discharge permit.
(Ord. 93-6, 4/6/1993, §604)
§605. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS.
1. Wastewater Discharge Permit Duration. Wastewater discharge permits shall be is-sued for a specified time period, not to exceed 5 years. A wastewater discharge per-mit may be issued for a period less than 5 years at the discretion of the Superinten-dent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
2. Wastewater Discharge Permit Contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW.
A. Wastewater discharge permits must contain the following conditions:
(1) A statement that indicates wastewater discharge permit duration which in no event shall exceed 5 years.
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the Township and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3) Effluent limits applicable to the user based on applicable standards in Federal, State and local law.
(4) Self-monitoring, sampling, reporting, notification and record keeping require¬ments. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on Federal, State and local law.
(5) Statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time or compliance beyond that required by applicable Federal, State or local law.
B. Wastewater discharge permits may contain but need not be limited to the fol-lowing:
(1) Limits on the average and/or maximum rate of discharge, time of dis-charge and/or requirements for flow regulation and equalization.
(2) Limits on the instantaneous, daily and monthly average and/or maxi-mum concentra¬tion, mass or other measure of identified wastewater pollutants or properties.
(3) Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works.
(4) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharges.
(5) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
(6) The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW.
(7) Requirements for installation and maintenance of inspection and sam-pling facilities and equipment.
(8) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit.
(9) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this Part and State and Federal laws, rules and regula¬tions.
3. Wastewater Discharge Permit Appeals. Any person, including the industrial user, may petition the Township to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
D. If the Township fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a waste-water discharge permit shall be considered final administrative action for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Cumberland County Court of Common Pleas. [Ord. 98-7]
4. Wastewater Discharge Permit Modification.
A. The Superintendent may modify the wastewater discharge permit for good cause including but not limited to the following:
(1) To incorporate any new or revised Federal, State or local pretreatment standards or requirements.
(2) To address significant alterations or additions to the industrial user’s operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance.
(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(4) Information indicating that the permitted discharge poses a threat to the Township’s POTW, Township personnel or the receiving waters.
(5) Violation of any terms or conditions of the wastewater discharge permit.
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
(7) Revision of or a grant of variance from categorical pretreatment stand-ards pursuant to 40 CFR §403.13.
(8) To correct typographical or other errors in the wastewater discharge permit.
(9) To reflect a transfer of the facility ownership and/or operation to a new own¬er/operator.
B. The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
5. Wastewater Discharge Permit Transfer.
A. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 30 days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which: [Ord. 98-7]
(1) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes.
(2) Identifies the specific date on which the transfer is to occur.
(3) Acknowledges full responsibility for complying with the existing wastewa¬ter discharge permit.
B. Failure to provide advance notice of a transfer renders the wastewater dis-charge permit voidable on the date of facility transfer.
6. Wastewater Discharge Permit Revocation
A. Wastewater discharge permits may be revoked for the following reasons:
(1) Failure to notify the Township of significant changes to the wastewater prior to the changed discharge.
(2) Failure to provide prior notification to the Township of changed condi-tions pursuant to §606(5).
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
(4) Falsifying self monitoring reports.
(5) Tampering with monitoring equipment.
(6) Refusing to allow the Township timely access to the facility premises and records.
(7) Failure to meet effluent limitations.
(8) Failure to pay fines.
(9) Failure to pay sewer charges.
(10) Failure to meet compliance schedules.
(11) Failure to complete a wastewater survey or the wastewater discharge permit application.
(12) Failure to provide advance notice of the transfer of a permitted facility.
(13) Violation of any pretreatment standard or requirement, any terms of the wastewater discharge permit or this Part.
B. Wastewater discharge permits shall be voidable upon nonuse, cessation of op-erations or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.
7. Wastewater Discharge Permit Reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with §604(6) a minimum of 30 days prior to the expiration of the industrial user’s existing wastewater discharge permit.
8. Municipal Wastewater Discharge Permits In the event another municipality contributes all or a portion of its wastewater to the POTW, the POTW may require such municipality to apply for an obtain a municipal wastewater discharge permit.
A. A municipal wastewater discharge permit application shall include the following:
(1) A description of the quality and volume of the wastewater at the point(s) where it enters the POTW.
(2) An inventory of all industrial users discharging to the municipality.
(3) Such other information as may be required by the Superintendent.
B. A municipal wastewater discharge permit shall contain the following condi-tions:
(1) A requirement for the municipal user to adopt a sewer use ordinance which is at least as stringent as this Part and local limits which are at least as stringent as those set out in §602(4).
(2) A requirement for the municipal user to submit a revised industrial user inventory on at least an annual basis.
(3) A requirement for the municipal user to:
(a) Conduct pretreatment implementation activities including indus-trial user permit issuance, inspection and sampling and enforce-ment; or,
(b) Authorize the POTW to take or conduct such activities on its be-half.
(4) A requirement for the municipal user to provide the Township with ac-cess to all information that the municipal user obtains as part of its pre-treatment activities.
(5) Limits on the nature, quality and volume of the municipal user’s wastewater at the point where it discharges to the POTW.
(6) Requirements for monitoring the municipal user’s discharge.
C. Violation of the terms and conditions of the municipal user’s wastewater dis-charge permit subjects the municipal user to the sanctions set out in §§610 through 612.
(Ord. 93-6, 4/6/1993, §605; as amended by Ord. 98-7, 8/27/1998)
§606. REPORTING REQUIREMENTS.
1. Baseline Monitoring Reports.
A. Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR §403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, 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 in subsection (B), below. 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 standard shall be required to submit to the Township a report which contains the information listed in subsection (B), below. A new source shall also be require 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.
B. 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 streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR §403.6(e).
(5) Measurement of Pollutants.
(a) Identify the categorical pretreatment standards applicable to each regulated process.
(b) 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 §606(10).
(c) Sampling must be performed in accordance with procedures set out in §606(11).
(6) Certification. A statement reviewed by the industrial user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the require¬ments set out in §606(2) of this Part.
(8) All baseline monitoring reports must be signed and certified in accord-ance with §604(7).
2. Compliance Schedule Progress Report. The following conditions shall apply to the schedule required by §606(1)(B)(7). 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 events include 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 above shall exceed 9 months. The industrial user shall submit a progress report to the Superintendent no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than 9 months elapse between such progress reports to the Superintendent.
3. Report on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreat-ment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the Township a report containing the information described in §606(1)(B)(4 6). For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR §403.6(c), this report shall contain a reasonable measure of the industrial user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, this report shall include the industrial user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with §604(7).
4. Periodic Compliance Reports.
A. Any significant industrial user subject to a pretreatment standard shall at a frequency determined by the Superintendent, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with §604(7).
B. All wastewater samples must be representative of the industrial user’s dis-charge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
C. If an industrial user, subject to the reporting requirements in and of this Section, monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in §606(11) of this Part, the results of this monitor¬ing shall be included in the report.
5. Report of Changed Conditions. Each industrial user is required to notify the Superintendent of any planned significant changes to the industrial user’s operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.
A. The Superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under §604(6).
B. The Superintendent may issue a wastewater discharge permit under §604(8) or modify an existing wastewater discharge permit under §605(4).
C. No industrial user shall implement the planned changed condition(s) until and unless the Superintendent has responded to the industrial user’s notice.
D. For purposes of this requirement, flow increases of 10% or greater and the discharge of any previously unreported pollutants shall be deemed significant.
6. Reports of Potential Problems.
A. In the case of any discharge including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge or a sludge load which may cause potential problems for the POTW, including a violation of the prohibited discharge standards in §602(1) of this Part, it is the responsibility of the industrial user to immediately telephone and notify the Township of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
B. Within 5 days following such discharge, the industrial user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this Part.
C. Failure to notify the Township of potential problem discharges shall be deemed a separate violation of this Part.
D. A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees whom to call in the event of a dis-charge described in subsection (A), above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
7. Reports from Non-significant Industrial Users. All users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the Township as the Superintendent may require.
8. Notice of Violation/Repeat Sampling and Reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the Control Au-thority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user’s site at least once a month or if the POTW performs sampling between the industrial user’s initial sampling and when the industrial user receives the results of this sampling.
9. Notification of the Discharge of Hazardous Waste.
A. Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and 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 industrial 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 industrial user: an identifica¬tion of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under §606(5), above. The notification require¬ment in this Section does not apply to pollutants already reported under the self monitoring requirements of §606(1)-(3), above.
B. Discharges are exempt from the requirements of subsection (1) of this Section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes unless the wastes are acute hazardous wastes as specified in 40 CFR §§261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month or any quantity of acute hazardous wastes as specified in 40 CFR §§261.30(d) and 261.33(e) requires a one time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
C. In the case of any new regulations under §3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
D. In the case of any notification made under this Section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
10. Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR, Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR, Part 136, does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.
11. Sample Collection.
A. Except as indicated in subsection (B), below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or through a minimum of four grab samples where the user demonstrates that this will provide a represen¬tative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection tech¬niques.
12. Determination of Noncompliance. The Superintendent may use a grab sample(s) to determine noncompliance with instantaneous maximum allowable discharge limits.
13. Timing. Written reports will be deemed to have been submitted on the date post-marked. For reports which are not mailed postage prepaid into a mail facility ser-viced by the U.S. Postal Service, the date of receipt of the report shall govern.
14. Recordkeeping. Industrial users shall retain and make available for inspection and copying all records and information required to be retained under this Part. These records shall remain available for a period of at least 3 years. This period shall be automatically extended for the duration of any litigation concerning compliance with this Part or where the industrial user has been specifically notified of a longer retention period by the Superinten¬dent.
(Ord. 93-6, 4/6/1993, §606)
§607. COMPLIANCE MONITORING.
1. Inspection and Sampling. The Township shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this Part and any permit or order issued hereunder is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Superintendent or his representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.
A. Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Township, State and EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities.
B. The Township, State and EPA shall have the right to set up on the industrial user’s property or require the installation of such devices as are necessary to conduct sampling and/or metering of the user’s operations.
C. The Township may require the industrial user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be born by the industrial user.
E. Unreasonable delays in allowing Township personnel access to the industrial user’s premises shall be a violation of this Part.
F. Compliance inspection and sampling will be performed by the Township at a frequency determined by the Superintendent, but no less than once per year. The frequency of facility inspections and sampling will be determined by the type of facility, type and concentrations of pollutants in the discharge and the past performance of and compliance by the industrial user. When compliance sampling occurs, the industrial user shall, within 30 days of receipt of the invoice, reimburse the Township for commercial laboratory fees.
2. Search Warrants. If the Superintendent has been refused access to a building, struc-ture or property or any part thereof and if the Superintendent has demonstrated probable cause to believe that there may be a violation of this Part or that there is a need to inspect as part of a routine inspection program of the Township designed to verify compliance with this Part, any permit or order issued hereunder or to protect the overall public health, safety and welfare of the community, then upon application by the Township Solicitor, the District Justice in the Township shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniformed police officer of the Township. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.
(Ord. 93-6, 4/6/1993, §607)
§608. CONFIDENTIAL INFORMATION.
Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from Township inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests 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 State law. When requested and demonstrated by the industrial 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 request to governmental agencies 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 §2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. 93-6, 4/6/1993, §608)
§609. PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLI-ANCE.
The Township shall publish annually, in the largest daily newspaper published in the mu-nicipality where the POTW is located, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a 6 month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount.
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a 6 month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria, 1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH.
C. Any other discharge violation that the Township believes has caused, alone or in combination with other discharges, interference or pass through including endangering the health of Township personnel or the general public.
D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has caused in the Township’s exercise of its emergency authority to halt or prevent such a discharge.
E. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance.
F. Failure to provide, within 30 days after the due date, any required reports in-cluding baseline monitoring reports, 90 day compliance reports, periodic self monitoring reports and reports on compliance with compliance schedules.
G. Failure to accurately report noncompliance.
H. Any other violation(s) which the Township determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 93-6, 4/6/1993, §609)
1. Enforcement Policy.
A. All violations of the pretreatment requirements are instances of noncompliance and will receive a specific enforcement response. Pretreatment requirements are a matter of strict liability. Hence, good faith or lack of negligence on the industrial user’s part is no defense to a violation of the pretreatment require¬ments. The enforcement responses will range from notices of violation to formal civil litigation and/or termination of service, depending on the severity of the violation. While similar violations will receive similar enforcement responses, there is some inherent discretion within each enforcement response selection. For example, some violations will trigger either administra¬tive action, formal civil litigation or permit revocation. The selection of the specific enforcement response option shall be at the sole discretion of the Township.
B. When making determinations on the level of enforcement, the Township shall take into consideration the following:
(1) Damage to air, water, land or other natural resources and their uses.
(2) Costs of restoration and abatement.
(3) Savings to the user as a result of the violation.
(4) History of past violation by the user.
(5) Deterrence of future violations.
(6) Other relevant factors.
2. Enforcement Response Criteria.
A. Emergency Authority.
(1) The Township may suspend the wastewater treatment service and/or the wastewater contribution permit when such suspension is necessary 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, to the environment, or causes interference to the sewer system or causes the Township 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 discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Township shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewer system or endangerment to any individuals. The Township shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of he harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the Township within 5 days of the date of occurrence.
B. Enforcement Procedures. For violations not requiring the Township to invoke its emergency authority, the following procedures shall apply:
(1) Notice of Violation. Whenever the Township finds that any user has violated or is violating this Part, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the Township shall serve upon such person a written notice stating the nature of the violation(s), which may include the assessment of a civil penalty, and require a written response. Such notice shall include the name, address and telephone number of the person who will receive an appeal. 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.
(2) Compliance Schedule. When the Township finds that a user is in viola-tion of this Part, wastewater contribution permit, or requirements herein, the Township may require the user to submit or may itself issue a schedule of compliance for the necessary correction.
(a) The schedule 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 required for the user to meet the permit requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.)
(b) No increment referred to in subsection (1) shall exceed 9 months.
(c) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Township including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event, shall more than 9 months elapse between such progress reports to the Township.
(3) Show Cause Hearing.
(a) The Township may order any user who causes or allows a dis-charge of sewage, industrial waste, or other waste into the sewer system in violation of the provisions, requirements or pretreatment standards of this Part or the rules and regulations of the Pennsylva¬nia Department of Environmental Protection (PADEP) or the Environmental Protection Agency (EPA), or for any violation thereof to show cause before the Township why the proposed assessment of penalty and/or 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 Township regarding the alleged violation, setting forth the specific facts and circumstances upon which the proposed enforcement action is to be taken, and directing the user to show cause before the Township 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) upon the user not less than 20 days before the hearing. Such notice shall contain the name, address and telephone number of the Township Manager or other person responsible for accepting appeals. Within 15 days from the date of service of the notice, the user shall file with the Manager of the Township a verified answer responding to the allegations in the notice. Allegations in the notice which are not specifically denied shall be deemed to have been admitted. Failure to file an answer or to specifically deny the allegations of the notice shall constitute a sufficient basis for the entry of a default adjudication upon expiration of said 15 days. [Ord. 98-7]
(b) The Township shall itself conduct the hearing and take the evi-dence, with at least three members present.
(c) At any hearing held pursuant to this Part, testimony taken must be under oath and recorded stenographically, and a full and complete record shall be kept of the proceedings. The testimony so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual costs thereof.
(d) After the Township has reviewed the evidence, it may issue an order to the user responsible for the violation, 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 on existing treatment facilities, or that existing devices or other related appurtenances are property operated, or that any other violation be abated. Other orders and directives as are necessary and appropriate may be issued, including, but not limited to, injunctive relief and assess¬ment of civil penalties.
3. Civil Proceedings. If any person discharges sewage, industrial waste or other waste into the sewer system in violation of the provisions, requirements, or pretreatment standards of this Part, PaDEP OR EPA, which presents an imminent danger or sub-stantial harm to the POTW or the public, an imminent or substantial endangerment to the environment, causes the POTW to violate any conditions of its discharge permit, or has shown a lack of ability or intention to comply with said pretreatment provisions, requirements or standards, any other order of the Township, or if other enforcement procedures would not be adequate to effect prompt correction of the conditions or violations, the Township may institute an action to obtain injunctive relief in the Court of Common Pleas of Cumberland County, where the activity has taken place, where the condition exists or where the public is affected. [Ord. 98-7]
4. Criminal Proceedings. Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Part, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Part will be prosecuted to the extent permitted by law under the Crimes Code, 18 Pa.C.S.A. §101 et seq.
5. Revocation of Permit.
A. Any user who violates the following conditions of this Part or applicable State and Federal regulations, is subject to having its permit revoked.
(1) Failure of a user to factually report the wastewater constituents and characteris¬tics of its discharge.
(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics.
(3) Refusal of reasonable access to the user’s premises for the purpose of in-spection or monitoring.
(4) Violation of conditions of the permit.
B. If a permit is revoked, the Township may take steps it deems advisable, including severance of the sewer connection, to promote compliance with this Part.
6. Appeal. User shall have such right of appeal to the Court of Common Pleas having jurisdiction as is provided for under §7(b) of the Act, the Local Agency Law, 2 Pa.C.S.A. 101 et seq. or Judicial Code, 42 Pa.C.S.A. §762.
(Ord. 93-6, 4/6/1993, §610; as amended by Ord. 98-7, 8/27/1998)
§611. PENALTIES; COSTS.
1. Civil Penalties. Any user who is found to have violated the provisions, requirements, or pretreatment standards of this Part, PaDEP, or the EPA, an order, rule, regulation or permit of the Township, whether or not the violation is willful or negligent, shall be assessed a civil penalty in an amount not to exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct offense. The Township may recover its costs for reestablishing the operation of the POTW, in addition to any civil penalty imposed hereunder. In addition, the Township may recover attorneys’ fees, all court costs and all other expenses of litigation to the extent permitted by law. [Ord. 98-7]
2. Civil Penalty Assessment Policy.
A. This subsection constitutes the civil penalty assessment policy required by the Publicly Owned Treatment Penalty Law (herein “Act”), Act No. 9 of 1992, 35 P.S. §752.1 et seq. When making determinations on the level of enforcement, the Township shall take into consideration the following:
(1) Damage to air, water, land or other natural resources and their uses.
(2) Costs of restoration and abatement.
(3) Savings to the user as a result of the violation.
(4) History of past violation by the user.
(5) Deterrence of future violations.
(6) Other relevant factors.
B. A user must usually spend money to comply with pretreatment standards and requirements. The user makes initial capital expenditures for pretreatment equipment or process changes and incurs subsequent operation, maintenance, and repair costs annually. By delaying or avoiding these costs, the user realizes an economic advantage or benefit over a competitor who complied with pretreatment requirements on time. Thus, the “economic benefit” of noncompli¬ance is defined as the difference between the costs of on time compliance and delayed compliance. Economic benefits realized by the user who fails to comply by a required deadline can be measured by:
(1) The money that the user would expect to earn by delaying the purchase of pretreatment equipment and investing the money in more profitable projects.
(2) The annual costs that the user avoids and the expected return on avoided costs during the period of noncompliance.
(3) Any competitive advantage the user may gain, such as increased market share over competitors already in compliance, because of cost advantages attributed to delayed compliance.
C. In this Part, the economic benefit calculation is focused on the first two benefits. The Guidance Manual for POTWs To Calculate the Economic Benefit of Noncomplia¬nce, U.S. Environmental Protection Agency, September 5, 1990, may be applied in calculating the penalty.
D. Consideration of the gravity and length of a violation is important when determining the penalty amount. Removing the economic benefit of noncompli¬ance only places the violating user in the position it would have been had it complied on time. Both deterrence and fundamental fairness require that the civil penalty include an additional amount to ensure that noncompliance is more costly than compliance, and the Township’s policy will be to include such an amount.
(1) Recovering for Damages to Public Facilities and/or Natural Re¬sources.
(a) Failure to comply with pretreatment requirements may cause damage to the collection system of the Township. Damage may also be caused to the natural environment. Therefore, an additional purpose of penalties in pretreatment enforcement shall be to recover for such damages. Specifically, the Township may determine to require that a violating user pay reparations for any damages caused to the collection system by improper disposal of pollutants. Such a user may also be required to pay for replacement of equipment, facilities and/or other damaged processes at the POTW caused by pollutant interference. Pollutants which pass through or interfered with POTW processes may cause damage to natural systems in receiving waters. In addition to assessing penalties to recover for such damages, the Township may consider requiring mitigation and remediation programs.
(b) The Township will consider assessing higher penalties for viola-tions resulting in actual or potential harm to the environment. Such potential environmental harm occurs whenever an industrial user discharges a pollutant into the sewer system that:
1) Passes through the POTW inadequately treated and causes a violation of the POTW’s National Pollutant Discharge Elimination System (NPDES) Permit (including water quality standards); or,
2) Has a potentially toxic effect on the receiving waters (for example, a fish kill).
(2) Costs of Restoration and Abatement. Some violations may have negative impacts on the POTW itself. For example, such violations may result in significant increases in treatment costs, interfere or harm POTW personnel, equipment, processes or operations, or cause sludge contami¬nation, resulting in increased disposal costs. When a user’s noncompli¬ance harms the POTW, the Township will assess a larger penalty.
(3) Savings to the User as a Result of Violation. A user who fails to comply with pretreatment requirements in a timely manner may accrue a significant economic benefit. A penalty assessed against the violator will be fixed at a level to at least “take away” this economic benefit and make it unprofitable for the user to ignore or violate pretreatment requirements. These requirements include installation of pretreatment equipment, one time expenditure (e.g., land) and operation and maintenance (O&M) or other annual costs. The economic benefit calculation described in this Part will be applied to any or all types of pollution control costs.
(4) History of Past Violations.
(a) The Township will consider each violation in assessing the signifi-cance of industrial user noncompliance. Violations of average ef-fluent limita¬tions will be considered a violation for each day of the averaging period. Therefore, a monthly average violation will be counted as 30 days of violation, a weekly average violation as seven days of violation, and a 4 day average should be counted as four violations. Violations of different parameters at the same outfall are counted separately, and violations at different outclass or indirect discharge locations are counted separately. The amount of the penalty will be increased as the number of violations increases. However, as provided in the Act, a single operational upset shall only be considered as one violation, even though it may result in simultaneous violations of more than one pretreatment standard.
(b) The Township shall consider increasing penalty amounts for con-tinu¬ing, long term violations. Generally, a “long term” violation is one that continues for 3 or more consecutive months. In addition, penalties will be higher for violations that have continued for 3 years than for violations that have only occurred for 6 months.
(c) Significant non-effluent violations will be considered in assessing penalties. Violations included in this category include failure to report, late reporting, schedule violations, failure to implement an approved pretreatment program, laboratory analysis deficiencies, unauthorized discharges, operation and maintenance deficiencies and sludge handling violations.
(d) The Township will consider increasing the penalty amount when the violating user appears to be acting in “bad faith” (that is, by not cooperating with the Township in effecting a timely correction of the violation), when the user experiences unjustified delays in preventing, correcting or mitigating violations, or when the user has already violated prior administrative orders, compliance agreements or consent decrees, or when the user fails to provide timely and full information. This recalcitrance factor also may be increased during negotiation if the user continues to resist effort to settle.
(e) When a user demonstrates that it is unable to pay a settlement penalty, the Township will independently evaluate the user’s ability to pay. When it is determined that the user cannot afford to pay the penalty or that payment of all or part of the penalty will preclude the violator from achieving compliance, the Township shall consider other options. For example, the Township may consider an installment payment plan with the user paying interest. Only as a last recourse, the Township may consider reducing the penalty amount. If the user’s behavior has been exceptionally culpable, recalcitrant or threatening to human health and the environment, inability to pay will be disregarded.
(5) Deterrence of Future Violations.
(a) After a user installs the appropriate pollution control equipment to comply with applicable pretreatment regulations, maintaining compliance requires continuing O&M and other annual expendi-tures. For industrial users who fail to comply with pretreatment requirements, the Township will set its penalties at a level to re-move, at a minimum, the economic benefit from avoided annual costs during its period of violations. The Township thereby deter-mines that assessing a penalty which, at a minimum, elimi¬nates the economic benefit of noncompliance (or makes noncompl¬iance more expensive than compliance) will encourage users to remain in compliance.
(b) The intent of these penalties is to deter noncompliance so that pollutant discharges by a user do not have significant negative impacts on the POTW plant, collection systems or receiving waters. The Township’s policy will be not to assess a penalty that is too small (that is, less than the economic benefit from non-complying), so that the violating user and other users may determine that noncompliance is less expensive than compliance.
(c) EPA can take an enforcement action against a user violating the Clean Water Act, including Federal pretreatment standards and regulations. Citizens or citizen groups can also bring civil suits against an individual user for violating environmental regulations. If the violating user has been sued by EPA, a State regulatory agency or citizens, and penalties were imposed upon it from these actions, the Township may consider reducing the penalty by an amount equal to that which the user already paid for the same violation.
(6) Other Relevant Factors.
(a) In order to treat all users fairly and equitably, the Township will use its best efforts to assess penalties using a consistent methodolo¬gy. Thus, it will avoid allowing one user to realize an economic benefit from noncompliance which would potentially enable it to gain an economic advantage over complying users. By assessing a penalty based on economic benefit, the Township will strive to eliminate or remove any financial advantage the violator gains.
(b) By exercising a consistent penalty methodology, the Township will ensure that all violators are treated equitably. While the amount used to develop the penalty will be consistent.
3. EPA Policy Followed. The Township will take into account the policies of EPA in setting penalties. EPA defines “significant noncompliance” in its revisions to the general pretreatment regulations (40 CFR §403.8(f) (2) (vii)) as violations which meet one or more of the following criteria:
A. Violations of wastewater discharge limit:
(1) Chronic violations are those in which 66% or more of all of the measure¬ments (of monitored parameters) taken during a 6 month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
(2) Technical review criteria (TRC) violations are those in which 33% or more of all the measurements for each pollutant parameter taken during a 6 month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
(3) Any other violation of pretreatment effluent limit (daily maximum or longer term average) that the POTW determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through (including endangering the health of POTW personnel or the general public).
(4) Any discharge of a pollutant that has caused imminent endanger¬ment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge.
B. Violations of compliance schedule milestones contained in a local control mechanism or enforcement in order for starting construction, completing con-struction, and attaining final compliance by 90 days or more after the scheduled date.
C. Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports (BMRs), 90 day compliance reports and periodic reports) within 30 days of the due date.
D. Failure to accurately report noncompliance.
E. Any other violation or group of violations that the Township determines will adversely affect the operation or implementation of the local pretreatment program.
F. Violation of the pretreatment requirements which constitute significant non-complia¬nce are considered to be the most serious violation and requires a strong and immediate response. Assessment of civil penalties is mandatory for significant noncompliance.
G. In addition to assessing appropriate penalties commensurate with the factors listed above, the Township shall consider assessing larger penalties in cases of repeat violations, including all violations of permit effluent limitations, moni-toring and reporting requirements, and other standard and special discharge conditions. This consideration provides flexibility in assessing penalties for multiple violations.
4. Criminal Penalties. Any person who knowingly, willfully, or intentionally 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 Part or wastewater contribution permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part will be prosecuted to the extent permitted by law under the Crimes Code, 18 Pa.C.S.A. §101 et seq.
5. Remedies Cumulative and Concurrent. The remedies provided for in this Part are intended to be concurrent and cumulative, and the provisions of this Part shall not abridge or alter any right of action or remedy, now or hereafter existing in law, or under the common law or statutory law, criminal or civil, available to the Township.
(Ord. 93-6, 4/6/1993, §611; as amended by Ord. 98-7, 8/27/1998)
§612. SUPPLEMENTAL ENFORCEMENT ACTION.
1. Performance Bonds. The Superintendent may decline to reissue a wastewater dis-charge permit to any user which has failed to comply with the provisions of this Part, any orders or a previous wastewater discharge permit issued hereunder unless such user first files a satisfactory bond payable to the Township in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.
2. Liability Insurance. The Superintendent may decline to reissue a wastewater dis-charge permit to any user which has failed to comply with the provisions of this Part, any order or a previous wastewater discharge permit issued hereunder unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
3. Water Supply Severance. Whenever a user has violated or continues to violate the provisions of this Part, orders or wastewater discharge permits issued hereunder, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply.
4. Public Nuisances. Any violation of this Part, wastewater discharge permits or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent or his designee.
(Ord. 93-6, 4/6/1993, §612)
§613. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
A. For the purposes of this Section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreat¬ment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for non-compli¬ance with categorical pretreatment standards if the requirements of subsection (C) are met.
C. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through property signed, contemporaneous operating logs or other relevant evidence that:
(1) An upset occurred and the industrial user can identify the cause(s) of the upset.
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.
(3) The industrial user has submitted the following information to the POTW and treatment plant operator within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within 5 days:
(a) A description of the indirect discharge and cause of noncompli-ance.
(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
(c) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
D. In any enforcement proceeding, the industrial user seeking to establish the oc-currence of an upset shall the burden of proof.
E. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
F. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
2. General/Specific Prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in §602(1) of this Part if it can prove that it did not know or have reason to know that its discharge, along or in conjunction with discharges from other sources, would cause pass through or interference and that either a local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to and during the pass through or interference or no local limit exists but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the Township was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.
BYPASS – the intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
SEVERE PROPERTY DAMAGE – substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
B. An industrial user may allow any bypass to occur which does not cause pre-treat¬ment standards or requirements to be violated but only if it also is for es-sential maintenance to assure efficient operation. These bypasses are not sub-ject to the provisions of subsections (C) and (D) of this subsection.
C. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW at least 10 days before the date of the bypass, if possible. An industrial user shall submit oral notice of an unanticipated bypass¬ that exceeds applicable pretreatment standards to the POTW within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The POTW may waive the written report on a case by case basis if the oral report has been received within 24 hours.
D. Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage.
(2) There were no feasible alternatives to the bypass such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance.
(3) The industrial user submitted notices as required under subsection (C) of this Section.
E. The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (D)(1) of this subsection.
(Ord. 93-6, 4/6/1993, §613)
§614. MISCELLANEOUS PROVISIONS.
Pretreatment Charges and Fees. The Township may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the Township’s pretreatment program which may include:
A. Fees for wastewater discharge permit applications including the cost of pro-cessing such applications.
B. Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing an industrial user’s discharge and reviewing monitoring reports submitted by industrial users.
C. Fees for reviewing and responding to accidental discharge procedures and construction.
D. Fees for filing appeals.
E. Other fees as the Township may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Part and are separate from all other fees, fines and penalties chargeable by the Township.
(Ord. 93-6, 4/6/1993, §614)