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Code of the Township of Abington
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PART II GENERAL LEGISLATION: Chapter 132, SEWERS
AND SEWAGE
[HISTORY: Adopted by the Board of Commissioners of
the Township of Abington as indicated in part histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction -- See Ch. 62.
Drainage -- See Ch. 70.
Housing standards -- See Ch. 98.
Plumbing -- See Ch. 121.
Water conservation -- See Ch. 122.
Subdivision and land development -- See Ch. 146.
Water -- See Ch. 159.
Zoning -- See Ch. 162.
Part 1, Assessment [Adopted 2-8-1945 by Ord. No. 535]
ARTICLE I, Sewer Assessments
132-1. Assessment of unusually shaped lots. [Amended
4-11-1968 by Ord. No. 1220]
The Department of Public Health is hereby authorized
to make special assessments for the cost of construction
of sanitary sewers along corner properties and unusually
shaped properties or those properties abutting on more
than one sewer where the application of the foot-front
rule works an undue hardship upon the owners of such
properties and results in assessments which are inequitable
and excessive in comparison to comparable properties
132-2. Formulas for assessment.
A. In determining such special assessments, the Department
of Public Health shall apply the formulas for determining
such special assessments prepared by the Sewer Engineer.
B. The said formulas prepared by the Sewer Engineer
are hereby approved and shall be kept on file in the
office of the Township Secretary for public inspection
and are incorporated herein by reference thereto.
132-3. Scope.
The provisions of this article shall be applied to
all sanitary sewer construction hereafter undertaken
by the township and shall apply generally to future
sanitary sewer construction. Part 2 Sewer Use and Rents
[Adopted 8-8-1957 as Ord. No. 878]
Part 2, Sewer Use and Rents [Adopted 8-8-1957 by Ord.
No. 878]
ARTICLE II, Definitions
132-4. Definitions and usage.
A. Terms defined. As used in Part 2 of this chapter,
the following terms shall have the meanings indicated:
BOD (denoting "biochemical oxygen demand")
-- The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory
procedure in five days at 20 C., expressed in milligrams
per liter.
BUILDING DRAIN -- That part of the lowest horizontal
piping of a drainage system which receives the discharge
from soil, waste and other drainage pipes inside the
walls of the building and conveys it to the building
sewer beginning five feet outside the inner face of
the build wall.
BUILDING SEWER -- The extension from the building drain
to the public sewer or other place of disposal.
DEPARTMENT OF PUBLIC HEALTH -- The Department of Public
Health of the Township of Abington.
GARBAGE -- Solid wastes from the preparation, cooking
and dispensing of food and from the handling, storage
and sale of produce.
INDUSTRIAL WASTES -- The liquid wastes from industrial
and/or commercial processes as distinct from sanitary
sewage.
NATURAL OUTLET -- Any outlet into a watercourse, pond,
ditch, lake or other body of surface or ground water.
PERSON -- Any individual, firm, company, association,
society, corporation or group.
pH -- The logarithm of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
PLUMBING INSPECTOR -- The Plumbing Inspector appointed
by the Board of Commissioners or any duly authorized
deputy, assistant or representative of such Plumbing
Inspector.
PUBLIC SEWER -- A sewer in which all owners of abutting
properties have equal rights and which is controlled
by the township.
SANITARY SEWAGE -- Sewage discharged from the sanitary
conveniences of dwellings (including apartments and
hotels), office buildings, factories and institutions.
SANITARY SEWER -- A sewer which carries sewage and
to which storm, surface and ground waters are not admitted.
SEWAGE -- A combination of the water-carried wastes
from residences, business buildings, institutions and
industrial establishments.
SEWAGE TREATMENT PLANT -- Any arrangement of devices
and structures used for treating sewage.
SEWAGE WORKS -- All facilities for collecting, pumping,
treating and disposing of sewage.
SEWER -- A pipe or conduit for carrying sewage.
STORM SEWER or STORM DRAIN -- A sewer which carries
storm and surface waters and drainage, but excludes
sewage and polluted industrial wastes.
SUPERINTENDENT -- The Superintendent of Sewage Treatment
Works of the Township of Abington or the authorized
deputy, agent or representative. of such Superintendent.
SUSPENDED SOLIDS -- Solids that either float on the
surface of or are in suspension in water, sewage or
other liquids and which are largely removable by laboratory
filtering.
TOWNSHIP ENGINEER -- The Township Engineer appointed
by the Board of Commissioners or any duly authorized
deputy, assistant or representative of such Township
Engineer.
WATERCOURSE -- A channel in which a flow of water occurs,
either continuously or intermittently.
B. Usage. "Shall" is mandatory; "may"
is permissive.
ARTICLE III, Use of Public Sewers Required
132-5. Dumping; discharge into natural outlets.
A. It shall be unlawful for any person to place, deposit
or permit to be deposited in an unsanitary manner upon
public or private property within the Township of Abington
or in any area under the jurisdiction of said township
any human or animal excrement, garbage or other objectionable
waste.
B. It shall be unlawful to discharge to any natural
outlet within the Township of Abington or in any area
under the jurisdiction of said township any sanitary
sewage, industrial wastes or other polluted waters except
where suitable treatment has been provided in accordance
with subsequent provisions of Part 2 of this chapter
and any applicable laws of the Commonwealth of Pennsylvania
relating to sewage and industrial waste.
C. Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for
the disposal of sewage.
132-6. Connection to available sewers.
A. Whenever any sewer constituting a branch or extension
of the township sanitary sewer system has been completed
and is ready for public use, it shall be the duty of
the Department of Public Health to cause a printed or
written notice of the completion of such sewer, together
with a copy of Part 2 of this chapter, to be served
in the manner hereinafter provided on the owner of each
property abutting on the highway, road, street or way
along which such sewer has been laid, and on the owner
of each private property through which such sewer may
pass, and if said Department of Public Health shall
so elect, notice of such completion may also be advertised
in one newspaper published in the township. Such notice
in each instance shall state that it is the duty of
such owner to cause the buildings erected on such owner's
premises requiring sewage drainage and situate within
200 feet of such sewer to be connected therewith at
the expense of such owner and subject to the payment
of the annual sewer rental for the use of the same,
and that upon the failure of any such owner to comply
with the requirements of such notice and of Part 2 of
this chapter, the said Department of Public Health will
cause such connection to be made at the expense of such
owner, who shall thereupon also become subject to a
penalty or fine of $10.
B. It shall be the duty of every owner of premises
abutting on any such sewer or through which such sewer
may pass, within 60 days of service of such notice as
aforesaid, or in case of the erection of a new building
on any such premises after the sewer has been made ready
for public use, then within 60 days from the completion
of such new building, to cause each old or new building
thereon erected requiring sewage drainage and located
within 200 feet of such sewer to be separately connected
therewith, unless special permission to the contrary
shall have been granted by the said Department of Public
Health; provided that in every instance all connections
shall be made directly to the sewer and not through
any intermediate well, and provided further that from
and after the expiration of 60 days from the service
of notice of the completion of any such sewer as aforesaid,
no well shall be used for sewage drainage from any building
within 200 feet of such sewer.
C. If at any time the Department of Health shall deem
it necessary for the public health to require that any
building erected on premises abutting on, adjoining
or adjacent to any township sewer, wheresoever any such
building may be located on such premises, shall be connected
with such sewer, the said Department shall report the
matter to the Board of Township Commissioners, and after
receiving the approval and authorization of the said
Board in any such case, shall thereupon cause to be
served upon the owner or owners of any such building,
in the manner hereafter provided, a copy of Part 2 of
this chapter and a printed or written notice directing
that the necessary connections be made within 60 days
from the date of its service.
D. Upon the failure of any owner of premises situate
along the line of a township sewer who has been duly
notified as hereinbefore provided to cause any building
or buildings erected on such premises to be connected
with any such sewer, to comply with the requirements
of any such notice or with the provisions of Part 2
of this chapter, the Department of Public Health shall
report such failure to the Board of Township Commissioners,
and if the said Board shall then so direct, the said
Department shall cause the necessary connections to
be made and, upon completion of the work for the same,
shall render a bill covering the cost of said work to
the owner of such premises and file a duplicate thereof
with the Township Treasurer, to whom such bill shall
be made payable for the use of the township. All such
bills shall contain a notice that if the bill is not
paid within 60 days after the date thereof, the same
shall be collected in the manner provided by law. Upon
the expiration of 60 days after said bills shall have
been rendered to the owners of such premises, it shall
be the duty of the Township Treasurer to refer to the
Township Solicitor all such bills remaining unpaid,
and the Township Solicitor shall thereupon take the
necessary action to effect the collection of such unpaid
bills in the manner provided by law.
ARTICLE IV, On-Site Sewage Disposal [Amended 6-12-1975
by Ord. No. 1401]
132-7. When on-site disposal authorized.
Where a public sewer is not available under the provisions
of Article III, the building sewer shall be connected
to an on-site sewage disposal system complying with
the Pennsylvania Sewage Facilities Act No. 208 of 1974EN
and Chapters 71 and 73 of the Department of Environmental
Resources Rules and Regulations.
132-8. Permit for construction; fees. [Amended 1-13-1983
by Ord. No. 1559; 3-14-1985 by Ord. No. 1582; 4-11-1991
by Ord. No. 1693]
A. Permit for construction.
(1) A permit must be obtained from the Township of
Abington for an on-site sewage disposal system as follows:
(a) For the installation of any treatment tank, subsurface
absorption area, holding tank or privy.
(b) Before any work on the system is started or before
beginning the construction, installation or occupancy
of any building.
(c) Before any repair, replacement or enlargement of
a treatment tank, subsurface absorption area or holding
tank.
(2) The application for such permit shall be made on
forms furnished by the township, which the applicant
shall supplement by any plans, specifications and other
information deemed necessary by the Sewage Enforcement
Officer.
B. Applicant, permit and inspection fees shall be paid
to the township. The rates shall be as follows:
(1) An application fee of $100 shall be paid to the
township for new on-site disposal system and/ or a system
that is replaced in portion or totally at the time of
filing the application. In addition, 10% of the estimated
construction cost shall be deposited in an escrow account
with the township for the necessary inspection and review.
The inspection charge and review fee shall be based
at the rate of $75 for each hour that a township employee
is engaged at the site, plus the actual cost for a township
consultant on site and the actual cost of any material
tests. Upon completion of the work, any money not expended
from the escrow account shall be refunded to the applicant
Any money due the township shall be paid by the applicant
to the township before final certification.
(2) An application fee of $500 shall be paid to the
township for a holding tank user at the time of filing
the application. In addition, an amount equal to 10%
of the estimated cost of the construction work for the
necessary inspection and review shall be deposited in
an escrow account with the township. The initial inspection
and review fee and an annual inspection fee shall be
based at the rate of $75 for each hour or portion thereof
that a township employee is engaged at the site, plus
the actual cost for a township consultant on site and
the actual cost of any material tests. Upon completion
of the work, any money not expended from the escrow
account shall be refunded to the applicant. Any money
due the township will be paid by the applicant to the
township before final certification.
(3) An application fee of $100 shall be paid to the
township for the review of each planning module and
537 Plan supplement at the time of filing the application.
In addition, an amount equal to 10% of the estimated
cost of the construction work for the necessary inspection
and review shall be deposited in an escrow account with
the township. A review fee shall be based at the rate
of $75 for each hour or portion thereof that a township
employee is engaged at the site, plus the actual cost
of any material tests. Upon completion of the work,
any money not expended from the escrow account shall
be refunded to the applicant. Any money due the township
will be paid by the applicant to the township before
final certification.
132-9. Inspections.
The Sewage Enforcement Officer shall be allowed to
inspect the work at any stage of construction. The person
holding the permit shall notify the Sewage Enforcement
Officer when the work is ready for inspection and before
any work is covered. An inspection of the disposal system
shall be made within 72 hours, except Sundays and holidays,
from receipt of the notice to inspect.
132-10. Revocation of permit.
A permit may be revoked at any time when the permittee
has violated any of the provisions of Chapters 71 and
73 of the Rules and Regulations of the Department of
Environmental Resources.
132-11. Expiration of permit.
If construction of the system has not commenced within
two years after issuance of the permit for such system,
the said permit shall expire. A new permit shall be
obtained prior to the commencement of said construction
or installation.
132-12. Connection to available sewer.
At such time as a public sanitary sewer becomes available
to a property served by an on-site disposal system,
as provided in Article III, a direct connection shall
be made to the public sanitary sewer in compliance with
Part 2 of this chapter, and any septic tank, cesspool
or similar sewage disposal facilities shall be abandoned
and filled with suitable material when required or directed.
132-13. Maintenance of system.
The owner shall operate and maintain the on-site disposal
facilities in a sanitary manner at all times, at no
expense to the township.
ARTICLE V, Building Sewers and Connections
132-14. Compliance with regulations and statutes.
Applicants for connection permits must comply with
all provisions of Part 2 of this chapter and any applicable
law or laws of the Commonwealth of Pennsylvania relating
to sewage and industrial wastes.
132-15. Permit required.
No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public
sewer or appurtenance thereof without first obtaining
a written permit from the Department of Public Health.
132-16. Classes of permits; applications; fees. [Amended
6-13-1963 by Ord. No. 1099; 11-10-1976 by Ord. No. 1437,
3-12-1981 by Ord. No. 1523; 10-8-1981 by Ord. No. 1528;
1-13-1983 by Ord. No. 1559; 3-11-1993 by Ord. No. 1726]
There shall be two classes of building sewer connection
permits: for residential service and for service to
commercial establishments and establishments producing
industrial wastes. In either case, the owner or agent
of the owner shall make application on a special form
furnished by the township. The permit application shall
be supplemented by any plans, specifications or other
information considered pertinent in the judgment of
the Plumbing Inspector. The Department of Public Health
is hereby authorized to adopt and, from time to time,
change such rules and regulations as may be necessary,
and the same, when promulgated by the Department and
approved, shall have the same force and effect as if
set out at length in Part 2 of this chapter. The Department
of Public Health is further authorized to provide for
the connection of the building sewer in the public street
or right-of-way at the expense of the property owners
applying for such connection. Permit and inspection
fees shall be designated by resolution of the Board
of Commissioners of the Township of Abington, which
fees shall be established from time to time. A permit
shall not be issued until the designated fees have been
paid. Failure to pay designated fees shall be considered
a violation of this code.
132-17. Costs and expenses.
All costs and expenses incident to the installation
and connection of the building sewer shall be borne
by the owner. The owner shall indemnify the township
against any loss or damage that may directly or indirectly
be occasioned by the installation of the building sewer.
132-18. Separate sewer for each building; exception.
A separate and independent building sanitary sewer
shall be provided for every building, except where one
building stands at the rear of another on an interior
lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, court,
yard or driveway, the building sewer from the front
building may be extended to the rear building and the
whole considered as one building sewer.
132-19. Use of old building sewers.
Old building sewers may be used in connection with
new buildings only when they are found, on examination
and test by the Plumbing Inspector, to meet all requirements
of Part 2 of this chapter.
132-20. Materials for building sewer. [Amended 3-10-1977
by Ord. No. 1443]
The building sewer shall be cast-iron bell and spigot
soil pipe and fittings. All joints shall be tight and
waterproof.
132-21. Size and slope of building sewer.
The size and slope of the building sewer shall be subject
to the approval of the Plumbing Inspector, but in no
event shall the diameter be less than four inches. The
slope of such pipe shall be not less than 1/4 inch per
foot.
132-22. Elevation of sewer; backwater valve. [Amended
6-16-1958 by Ord. No. 908; 3-10-1997 by Ord. No. 1443;
3-13-1997 by Ord. No. 1787]
A. No building sewer shall be laid parallel to or within
three feet of any bearing wall, which might thereby
be weakened. The depth shall be sufficient to afford
protection from frost. The building sewer shall be laid
at a uniform grade and in a straight alignment. Changes
in direction shall be made with the proper degree fittings.
Any building sewer installed or repaired after the date
of this Part 2 shall have a cleanout fitting installed
at the curb.
B. Any building in which basement plumbing fixtures
are installed, revised, renovated, expanded or altered
after the date of this Part 2, or any building having
a basement elevation such that the plumbing fixtures
located therein may be subject to flooding by sewage
in the event of surcharging of the sanitary sewer system,
shall be required to have installed and properly maintained
in its sanitary drainage system a backwater valve of
a type and size approved by the Plumbing Inspector.
Said backwater valve shall be installed at a location
in the piping system approved by the Plumbing Inspector
and maintained in operable condition. Any building owner
required to have a backwater valve installed under this
provision shall be responsible for damages resulting
from sewage backups through basement plumbing fixtures.
132-23. Artificial lifts.
In all buildings in which any building drain is too
low to permit gravity flow to the public sewer, sanitary
sewage carried by such drain shall be lifted by approved
artificial means and discharged to the building sewer.
132-24. Open trench excavations.
All excavations required for the installation of a
building sewer shall be open trenchwork unless otherwise
approved by the Plumbing Inspector. Pipe laying and
backfilling shall be performed in accordance with standard
practices, except that no backfill shall be placed until
the work has been inspected and approved.
132-25. Joints and connections.
A. All joints and connections shall be made gas- and
watertight. No coatings shall be permitted on the jointing
material until after the joints have been inspected
and approved. [Amended 3-10-1977 by Ord. No. 1443]
B. Cast-iron soil pipes. [Amended 3-10-1977 by Ord.
No. 1443; 3-11-1982 by Ord. No. 1537]
(1) Cast-iron soil pipe joints shall be firmly packed
with oakum or hemp (asbestos rope to be used with acid-resisting
cast iron) and filled with molten lead, not less than
one inch deep. Molten lead shall be run in one pouring
and caulked tight.
(2) Gasket joints with cast-iron soil pipe may only
be used underground or outside of a building, with permission
of the Plumbing Inspector when conditions warrant their
use.
C. All joints between vitrified clay pipe and metals
shall be made with approved hot-poured jointing material
as specified below. All such joints shall be entirely
encased in concrete. Cement mortar joints may be used
under certain conditions as and when permitted or directed
by the Plumbing Inspector.
D. Material for hot-poured joints shall not soften
sufficiently to destroy the effectiveness of the joint
when subjected to a temperature of 160 F.
E. Cement joints when permitted shall be made by packing
a closely twisted jute or oakum gasket of suitable size
to fill partly the annular space between the pipes.
The remaining space shall be filled and firmly compacted
with mortar composed of one part portland cement and
two parts mortar sand. The material shall be mixed dry;
only sufficient water shall be added to make the mixture
workable. Mortar which has begun to set shall not be
used or retempered.
132-26. Inspection and connection.
The applicant for the building sewer connection permit
shall notify the Plumbing Inspector when the building
sewer is ready for inspection and connection to the
public sewer. The removal of the stopper in or tapping
of the public sewer shall be made under the supervision
of the Plumbing Inspector or the representative of the
Inspector.
132-27. Guarding of excavations; restoration.
All excavations for building sewer installations shall
be adequately guarded with barricades and lights so
as to protect the public from hazard. Streets, sidewalks,
parkways and other public property disturbed in the
course of the work shall be restored in a manner satisfactory
to the township.
ARTICLE VI, Use of Public Sewers
132-28. Waters excluded from sanitary sewer; exceptions;
penalties. [Amended 10-12-1967 as Ord. No. 1210]
A. No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff,
subsurface drainage, water from swimming pools, cooling
water or unpolluted industrial process waters to any
sanitary sewer. This prohibition shall include, but
not be limited to, the discharge and drainage of water
from sump pumps and downspouts. [Amended 11-10-1988
by Ord. No. 1641]
B. Any person desiring to install or use on a property
abutting on the sanitary sewer system an air purifier,
humidifier, dehumidifier or air conditioner which provides
for the discharge of filter wash or wastewaters shall
be required to connect the wastewater drain of said
unit to the sanitary sewer system through an indirect
waste connection, after having first obtained a permit
therefor from the Plumbing Inspector. Each unit shall
be classified as a fixture with a rental rate. [Amended
3-10-1977 by Ord. No. 1443]
C. Control of stormwater. It shall be unlawful for
any person owning or occupying property in the Township
of Abington to discharge or cause to be discharged any
stormwater, surface water, groundwater, roof runoff,
subsurface water or drainage of any kind so as to cause
a public health or safety hazard. This prohibition shall
include, but not be limited to, the discharge and drainage
of water from sump pumps, pipes or any other channel,
whether natural or artificial. [Added 11-10-88 by Ord.
No. 1641]
D. Material and specifications for pipes and sump pumps.
Sump pumps and other similar devices used for the discharge
and drainage of water shall be permanently connected
and maintained with rigid piping. [Added 11-10-1988
by Ord. No. 1641]
E. Inspection. The Township Building Inspector or his
authorized representative shall have the authority to
enter at any reasonable hour any building, structure
or premises within the Township of Abington to enforce
the provisions of this article. [Added 11-10-1988 by
Ord. No. 1641]
F. Enforcement of inspection. In the event that the
owner or occupant of a premises does not consent to
an inspection to enforce the provisions of this article,
the Building Inspector or his representative shall have
the authority to obtain a warrant to search, which may
be issued by an issuing authority having jurisdiction
of the place to be searched in the manner provided by
law. [Added 11-10-1988 by Ord. No. 1641]
G. Penalties. Any person who shall violate any of the
provisions of this article shall, upon conviction thereof,
be sentenced to pay a fine not exceeding $1,000 and/or
to undergo imprisonment for a term not to exceed 60
days. Each day that a violation continues beyond the
date fixed for compliance shall constitute a separate
offense. [Added 11-10-1988 by Ord. No. 1641]
132-29. Discharge of stormwater and industrial waters.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated
as storm sewers or to a natural outlet approved by the
Plumbing Inspector. Industrial cooling water or unpolluted
process waters may be discharged, upon approval of the
Plumbing Inspector, to a storm sewer or natural outlet.
132-30. Prohibited discharges.
Except as hereinafter provided, no person shall discharge
or cause to be discharged any of the following described
waters or wastes to any public sewer:
A. Any liquid or vapor having a temperature higher
than 150 F.
B. Any water or waste which may contain more than 100
parts per million by weight of fat, oil or grease.
C. Any gasoline, benzene, naphtha, fuel off or other
flammable or explosive liquid, solid or gas.
D. Any garbage in any form, including that ground by
commercial garbage grinders, excepting only ground garbage
from domestic garbage grinders of an approved type.
[Amended 10-13-1960 by Ord. No. 1005]
E. Any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, paunch
manure hair or any other solid or viscous substance
capable of causing obstruction to the flow in sewers
or other interference with the proper operation of the
sewage works.
F. Any waters or wastes having a pH lower than 5.5
or higher than 9.0 or having any other corrosive property
capable of causing damage or hazard to structures, equipment
and personnel of the sewage works.
G. Any waters or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or to interfere
with any sewage treatment process, constitute a hazard
to humans or animals or create any hazard in the receiving
waters of the sewage treatment plant.
H. Any waters or wastes containing suspended solids
of such character and quantity that unusual attention
or expense is required to handle such materials at the
sewage treatment plant.
I. Any noxious or malodorous gas or substance capable
of creating a public nuisance.
132-31. Grease, oil and sand interceptors.
A. Grease, oil and sand interceptors and oil reclaimers
shall be provided when, in the opinion of the Plumbing
Inspector, they are necessary for the proper handling
of liquid wastes, sand and other harmful ingredients;
hair traps shall be provided for all barbershops and
beauty parlors; except that such interceptors shall
not be required for private living quarters or dwelling
units. All interceptors shall be of a type and capacity
approved by the Plumbing Inspector and shall be so located
as to be readily and easily accessible for cleaning
and inspection.
B. Grease and oil interceptors shall be constructed
of interceptors materials capable of withstanding abrupt
and extreme changes in temperature. They shall be of
substantial construction, watertight and equipped with
easily removable covers which when bolted in place shall
be gastight and watertight.
C. Where installed, all grease, oil and sand interceptors
and oil reclaimers shall be maintained by the operator
in continuously efficient operation at all times, at
the expense of such operator.
132-32. Preliminary treatment of certain sewage. [Amended
3-10-1977 by Ord. No. 1443]
The admission into the public sewers of any waters
or wastes having a five-day biochemical oxygen demand
greater than 300 parts per million by weight, or containing
more than 350 parts per million by weight of suspended
solids, or containing any quantity of substances having
the characteristics described in 132-30 or having an
average daily flow greater than 2% of the average daily
sewage flow of the township sewage treatment plant shall
be subject to the review and approval of the Plumbing
Inspector and Superintendent of the sewage treatment
plant. Where necessary in the opinion of the Plumbing
Inspector and Superintendent of the sewage treatment
plant, the owner shall provide, at the expense of such
owner, such preliminary treatment as may be necessary
to reduce the biochemical oxygen demand to 300 parts
per million and the suspended solids to 350 parts per
million by weight, or reduce objectionable characteristics
or constituents to within the maximum limits provided
for in 132-30, or control the quantities and rates of
discharge of such waters or wastes. Plans, specifications
and other pertinent information relating to proposed
preliminary treatment facilities shall be submitted
for the approval of the Plumbing Inspector and Superintendent
of the Sewage Treatment Plant and of the Bureau of Engineering
of the Department of Environmental Resources of the
Commonwealth of Pennsylvania, and no construction of
such facilities shall be commenced until said approvals
are obtained in writing.
132-33. Maintenance of preliminary treatment facilities.
Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner
at the expense of such owner.
132-34. Control manholes.
When required by the Plumbing Inspector, the owner
of any property served by a building sewer carrying
commercial or industrial wastes shall install a suitable
control manhole in the building sewer to facilitate
observation, sampling and measurement of the wastes.
Such manhole, when required, shall be accessibly and
safely located and shall be constructed in accordance
with plans approved by the Plumbing Inspector. The manhole
shall be installed by the owner at the expense of such
owner and shall be maintained by the owner so as to
be safe and accessible at all times.
132-35. Measurements, tests and analyses.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in 132-30
and 132-32 shall be determined in accordance with the
latest edition of Standard Methods for the Examination
of Water, Sewage and Industrial Wastes and shall be
determined at the control manhole provided for in 132-34
or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required,
the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point
at which the building sewer is connected.
132-36. Procedure on demolition of building. [Amended
10-12-1967 by Ord. No. 1210; 3-12-1981 by Ord. No. 1523;
1-13-1983 by Ord. No. 1559; 3-11-1993 by Ord. No. 1726]
Before a building is demolished, the existing sanitary
building sewer connection shall be capped off at the
property line. Permit and inspection fees shall be designated
by resolution of the Board of Commissioners of the Township
of Abington, which fees shall be established from time
to time. A permit shall not be issued until the designated
fees have been paid. Failure to pay designated fees
shall be considered a violation of the code. Any reuse
of such connection shall require a new building sewer
connection permit and connection fee.
ARTICLE VII, Administration and Enforcement
132-37. Injuring or tampering with equipment.
No unauthorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface
or tamper with any structure, appurtenance or equipment
which is a part of the municipal sewage works. Any person
violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
132-38. Right of entry.
The Plumbing Inspector and other duly authorized employees
of the township bearing proper credentials and identification
shall be permitted to enter upon all properties for
the purposes of inspection, observation, measurement,
sampling and testing in accordance with the provisions
of Part 2 of this chapter.
132-39. Violations and penalties.
A. Any person found to be violating any provision of
Part 2 of this chapter except 132-37 shall be served
by the township with written notice stating the nature
of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender
shall, within the period of time stated in such notice,
permanently cease all violations.
B. Any person who shall continue any violation beyond
the time limit provided for in Subsection A shall be
guilty of a summary offense and, upon conviction thereof,
shall be fined in an amount not exceeding $200 for each
violation. Each day in which any such violation shall
continue shall be deemed a separate offense.
C. Any person violating any of the provisions of Part
2 of this chapter shall become liable to the township
for any expense, loss or damage occasioned the township
by reason of such violation.
ARTICLE VIII, Rules and Regulations
132-40. Permit applications.
A. The required application for permission to install
and use a private sewage disposal system or to connect
a building sewer to the public sewer shall be made on
the appropriate prescribed form as follows:
(1) Private sewage disposal application.
(2) Residential building sewer connection application.
(3) Industrial or commercial building sewer connection
application.
B. The appropriate permit application form shall be
provided for the applicant by the township.
C. Having been duly executed, such forms shall be submitted
to the Plumbing Inspector for approval, subject to all
the requirements of the township ordinances and regulations
governing sewers and plumbing.
132-41. Acceptance of industrial wastes.
A. No industrial wastes shall be permitted to be discharged
to the sewer system which will prejudicially affect
the sewerage structures or their functioning or the
processes of sewage treatment, and any permission granted
by the township for industrial wastes to be discharged
into the sewer system reserves to the township the right
to regulate the rate of such discharge or to require
such further preliminary treatment as may be necessary
or the exclusion of the said industrial wastes from
the sewers if this be deemed necessary to protect the
interests of the township.
B. Where deemed necessary by the responsible officials
of the township, the industry shall, at the expense
of the owner, be required to retain a competent firm
of consulting engineers, chemists or other qualified
persons to make a study of the industry's particular
problem and to prepare a report with sufficient data
showing that the industrial waste is or will be made
acceptable for discharge to the sanitary sewer system.
Such report shall include the consultant's professional
opinion as to whether the industrial waste will or will
not adversely affect the public sewer system and/or
sewage treatment works. The report shall be submitted
to the Plumbing Inspector as a supplement to the industrial
or commercial building sewer connection application
and shall serve as a basis for negotiating a formal
agreement and/or permit for the discharge of the industrial
waste to the public sewer system.
132-42. Industrial wastes agreements.
Where deemed necessary by the responsible officials
of the township, a formal agreement between the township
and the industry shall be consummated as a prerequisite
to the issuing of a permit. Such agreement shall stipulate
the following:
A. Reference by title to the industry's consultants
report by name and date.
B. The maximum quantity of waste permitted to be discharged
per 24 hours and the daily time period and rates of
flow of such discharge.
C. Specific reference to the extent that certain toxic
elements or other harmful constituents must be reduced
before discharge.
D. Construction of pretreatment works, if any, and
proper maintenance and operation thereof at the industry's
expense.
E. Submission to the township of pertinent records
at appropriate intervals by the industry. Such records
shall show daily discharges to the sewer system, together
with such chemical analyses as the township may require.
F. Reserve to the township the right to further regulate
the rate of discharge.
G. Reserve to the township the right to require such
further preliminary treatment as may at any time prove
necessary.
H. Reserve to the township the right to exclude the
industrial waste from the sewer system.
I. Permit the township to have access to the industrial
establishment to the extent necessary to observe and
inspect the operation of any pretreatment facilities
and to inspect sources of industrial wastes.
J. Reference to charges for sewer service and that
such charges are subject to future ordinances or regulations.
K. Other stipulations to meet special conditions.
132-43. Regulation of industrial wastes.
When permission is granted for a sewer connection for
industrial waste discharge, the industry shall be required
to faithfully-carry out in the future such work as may
be incident to controlling the rate of discharge and/or
pretreatment, if required. Any change in industrial
operations that may affect the volume, character, concentration
or other quality of the waste discharge shall be immediately
reported by the industry to the Plumbing Inspector and
shall be subject to the Inspector's approval.
132-44. Permits.
Proper application for a permit having been duly executed
and approved by the Plumbing Inspector, the Township
Secretary is hereby empowered to issue an appropriate
permit, subject to all requirements of the township
ordinances and regulations governing sewers and plumbing
and subject also to any special conditions or stipulations
as may be prerequisite to said approval of the application
for permit as set forth in a supplemental agreement
approved by the Department of Public Health.
132-45. Annual rate or rental.
A. All owners of properties connecting with and using
the sanitary sewer shall pay an annual rate or rental
in accordance with the schedule of residential and commercial
rates as adopted by the Township Board of Commissioners.
The schedule of rates is on file at the Township Building.
[Amended 3-11-1976 by Ord. No. 1420; 3-10-1977 by Ord.
No. 1443]
B. In those cases where the scheduled rates are not
exactly applicable, the Code Enforcement Department
shall fix an applicable rate with the same force and
effect as set forth in the rate schedule. [Amended 3-10-1977
by Ord. No. 1443; 8-11-1994 by Ord. No. 1742]
C. Billings; payment of current bills; delinquent collection
procedures and fees for collection of delinquent accounts.
[Amended 3-10-1977 by Ord. No. 1443; 8-11-1994 by Ord.
No. 1742; 4-9-1998 by Ord. No. 1812]
(1) Each current year sewer fee bill shall be due and
payable in accordance with dates as set forth on the
township and county real estate tax bill (hereinafter
the "real estate tax billing date.") Sewer
fee bills shall not be eligible for any discount.
(2) If any current year sewer fee bill is not paid
on or before the 120th day following the real estate
tax billing date, such sewer fee shall be subject to
a penalty in the amount of 10% of the face amount of
the sewer fee.
(3) If any sewer fee bill remains unpaid as of the
last day of the calendar year, a township official designated
by the Board of Commissioners shall file a municipal
lien against the affected property, said lien to include
the cost of filing and a fee for administrative costs,
the amount of such fee to be determined from time to
time as set forth by resolution of the Board of Commissioners.
(4) Following the filing of the lien pursuant to Subsection
C(3) above, the township may collect the outstanding
sewer fee bill, including penalty, interest and costs,
by any means provided by law, including but not limited
to filing a civil suit before the appropriate District
Justice or in the Montgomery County Court of Common
Pleas and/or by causing the water supply to the property
interrupted as provided for by law and/or by filing
a Writ of Scire Facias in the Montgomery County Court
of Common Pleas or by the use of an outside collection
service.
(5) Schedule of fees. The Board of Township Commissioners
does hereby approve the following schedule of attorney
fees for services in connection with the collection
of delinquent user fees. Said fees are hereby determined
to be fair and reasonable compensation for the services
as set forth below and are in accordance with the principles
set forth in Section 3(a.1) of the Municipal Claims
LawEN as added by Act No. 1 of 1996 (the "Act"):
Legal Services Fee For Services
Initial review and sending first $135
demand letter
File lien and mailing second demand $125
letter
Prepare Writ of Scire Facias $125
Obtain reissued Writ $25
Prepare and mail letter under Pa. $25
R.C.P. 237.1
Prepare motion for alternate service $175
Prepare motion for summary judgment $175
and related judgment
Prepare Writ of Execution $600
Attendance at sale; review Schedule $400
of Distribution and resolve
distribution issues
Services not covered above $135 per hour
(a) There shall be added to the above amounts the reasonable
out-of-pocket expenses of counsel in connection with
each of these services, as itemized in the applicable
counsel bills, which shall be deemed to be part of the
fees.
(b) The amount of fees determined as set forth above
shall be added to the township's claim in each account.
D. All sewer fee bills shall be mailed to the owner
of record and will be collected by the Township Treasurer,
who will be compensated for said collection as set now
and in the future by resolution of the Board of Commissioners,
or such other township official as may be designated
by the Board of Commissioners. [Amended 8-11-1994 by
Ord. No. 1742]
132-46. Records.
It shall be the duty of the Secretary of the Board
of Commissioners to provide all necessary books, records,
bills and other forms and stationery and to keep a proper
record of all assessments, charges, service rates and
rentals and all payments hereunder, whether collectible
by the Treasurer or Solicitor or otherwise. It shall
be the duty of the Treasurer and Solicitor to notify
the Secretary monthly of all payments received.
132-47. Taking over of private sewers.
The Board of Commissioners may, at its discretion,
upon application in the form prescribed, take over,
when completed, any extension of the township's system
of sewers built at the expense of any owner of private
property, provided that the streets or the private lands
wherein the sewers have been laid are dedicated to the
township for public uses and such sewers have been constructed
under the supervision and inspection of the township,
such supervision and inspection to be at the expense
of the owner, and when so taken over such sewers shall
be subject to the provisions hereof with regard to connections,
service rental, et cetera.
132-48. Service of notice.
Whenever the Department of Public Health shall be required
by any of the provisions of Part 2 of this chapter to
serve any notice on any property owner, such service
shall be made personally upon the owner, if such owner
can be found in the township, or on an adult person
residing on the property affected, and in case personal
service cannot be made upon the owner or an adult person
cannot be found residing on the property, said notice
shall be tacked or posted conspicuously on the premises.
132-49. Sanitary sewer laterals. [Added 6-13-1963 by
resolution; amended 7-10-1969 by resolution; 4-10-1980
by Ord. No. 1507; 2-9-1989 by Ord. No. 1650; 5-11-1989
by Ord. No. 1653; 3-11-1993 by Ord. No. 1726]
Permit and inspection fees shall be designated by resolution
of the Board of Commissioners of the Township of Abington,
which fees shall be established from time to time. A
permit shall not be issued until the designated fees
have been paid. Failure to pay designated fees shall
be considered a violation of this code.
Part 3, Septic Tanks [Adopted 12-11-1958 as Ord. No.
929]
ARTICLE IX, Cleaning of Septic Tanks
132-50. Control by Department of Public Health.
The Department of Public Health of the Township of
Abington, in order to protect the health and safety
of the people of the township is authorized and directed,
by implementing and enforcing the provisions of this
article, to control the business of cleaning septic
tanks, cesspools, privies or other places used for the
reception or storage of human excrement.
132-51. License required.
From and after January 1, 1959, it shall be unlawful
for any person to conduct or operate a business of cleaning
septic tanks, cesspools, privies or other places used
for the reception or storage of human excrement, within
the Township of Abington, without first obtaining a
license therefor.
132-52. Inspection of facilities; fee.
No license shall be issued until inspection of the
facilities and equipment has been made by a duly authorized
representative of the Department of Public Health of
the Township of Abington. The fee for such inspection
shall be $25 annually.
132-53. Monthly reports. [Added 10-9-1975 by Ord. No.
1408]
A. Each person engaged in such business and licensed
under this article shall report monthly to the Department
of Public Health of the Township of Abington, on a form
furnished by said Department, the date, owner or occupant's
name and address and number of gallons collected from
each septic tank or cesspool cleaned out in Abington
Township during the previous month.
B. This report must be filed with the Health Official
prior to the 25th day of the following month.
132-54. Duration of license; renewal.
A license issued under this article shall expire on
the 31st day of December of each year. Licenses shall
be renewable annually in the same manner and upon payment
of the same annual fee as provided in 132-52 hereof.
132-55. Right of entry.
The Department of Public Health shall have the power
to enter at reasonable times upon private or public
property for the purpose of inspecting equipment and
investigating conditions relative to the enforcement
of the provisions of this article.
132-56. Regulations.
The Department of Public Health is hereby authorized
and directed to adopt such written regulations as may
be necessary for the implementation and enforcement
of the provisions of this article. The Department shall
file a certified copy of all regulations which it may
adopt with the Township Secretary, and such regulations
shall be made available for inspection by the public
upon request. Such regulations shall have the same force
and effect as the provisions of this article, and the
penalty for violation thereof shall be the same as the
penalty for violation of the provisions of this article,
as hereafter provided. The Township of Abington Department
of Public Health regulations governing the business
of cleaning septic tanks, cesspools, privies or other
places used for the reception or storage of human excrement
in the township shall be those approved by the Board
of Township Commissioners on the 11th day of December
1958 and/or as may be modified or changed by the Department
of Public Health and further approved by the Board of
Commissioners.
132-57. Violations and penalties.
Any person who shall violate any provision of this
article or any regulation adopted thereunder, upon conviction,
shall be punished by a fine of not less than $25 and
not more than $100, such fine or penalty to be collectible
as like fines and penalties are now by law collected.
Part 4, Wastewater System Regulations [Adopted 1-11-1996
by Ord. No. 1755EN]
ARTICLE X, General Provisions
132-58. Purpose and policy.
A. The purposes of these regulations are:
(1) To set forth uniform requirements for direct and
indirect contributors to the wastewater collection and
treatment system ("wastewater system") owned
and operated by the Township of Abington ("township")
and to enable the township to comply with all applicable
state and federal laws required by the Clean Water Act,
the General Pretreatment Regulations (40 CFR 403) and
the National Categorical Pretreatment Standards (40
CFR Chapter I, Subchapter N).
(2) To prevent the introduction of pollutants into
the township wastewater system which will:
(a) Interfere with the operation of the system;
(b) Contaminate the resulting sludge;
(c) Cause the wastewater system to violate its NPDES
discharge permit;
(d) Pass through the system, inadequately treated,
into receiving waters or the atmosphere; or
(e) Be otherwise incompatible with the system.
(3) To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system.
B. These regulations provide for the regulation of
direct and indirect contributors to the township wastewater
system through the issuance of permits to certain nondomestic
users and industrial users and through enforcement of
general requirements for the other users, authorize
monitoring and enforcement activities and require user
reporting and compliance schedule submissions.
132-59. Definitions.
A. Unless the context specifically indicates otherwise,
the following terms and phrases, as used in these regulations,
shall have the following meanings:
ACT or THE ACT or CLEAN WATER ACT -- Federal Water
Pollution Control Act, as amended by the Federal Water
Pollution Control Act Amendments of 1972, the Clean
Water Act of 1977 and the Water Quality Act of 1987,
33 U.S.C. 1251 et seq., and any subsequent amendments
thereto.
APPROVAL AUTHORITY -- The Director in an NPDES state
with an approved state pretreatment program and the
Administrator of the EPA in a non-NPDES state or NPDES
state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER:
(1) In the case of a corporation, a President, Secretary,
Treasurer or Vice President of the corporation in charge
of a principal business function;
(2) In the case of a partnership or proprietorship,
a general partner or proprietor; and
(3) A duly authorized representative of the individual
designated above if such representative is responsible
for the overall operation of the facilities from which
the indirect discharge into the POTW originates; the
authorization is in writing, and the written authorization
is submitted to the POTW.
BIOCHEMICAL OXYGEN DEMAND -- The quantity of oxygen
utilized in the biochemical oxidation of organic matter
under standard laboratory procedure for five days at
20 C., expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
BUILDING SEWER -- A private sewer conveying wastewater
from the premises of a user to the township wastewater
system.
BYPASS -- The intentional diversion of waste streams
from any portion of an industrial user's pretreatment
facility.
CATEGORICAL STANDARDS -- National Categorical Pretreatment
Standards.
CITY -- The City of Philadelphia. All powers granted
to the township under these regulations are granted
also to the city in those portions of the township served
by the city for ultimate disposal of sewage.
COLLECTOR SYSTEM -- All piping leading to a treatment
plant, including those pipes connected to a combined
sewer overflow which lead directly to a receiving stream.
COMMISSIONER -- The Water Commissioner of the City
of Philadelphia or his designee.
COMMONWEALTH -- The Commonwealth of Pennsylvania.
COMPOSITE SAMPLE -- A timed sequential collection of
samples of equal volume or a collection of grab samples
combined in a single reservoir to determine concentration(s)
of pollutant(s).
CONTROL AUTHORITY -- The term "control authority"
shall refer to the Township of Abington, the City of
Philadelphia Water Department and/or the City Water
Commissioner, where applicable.
COOLING WATER -- The water discharged from any use
such as air conditioning, cooling or refrigeration,
or to which the only pollutant added is heat and which
does not contain a level of contaminants detectably
higher than that of the source of the water.
DAILY MAXIMUM -- The maximum allowable discharge of
a pollutant during a calendar day or other twenty-four-hour
period as allowed by the POTW. Where maximum limitations
are expressed in units of mass, the daily discharge
is the total mass discharged over the course of a day.
Where daily maximum limitations are expressed in terms
of concentration, the daily discharge is the arithmetic
average of all measurements taken that day.
DEPARTMENT -- The Wastewater Department of the Township
of Abington and/or the Water Department of the City
of Philadelphia, where applicable.
DIRECT DISCHARGE -- The discharge of treated or untreated
wastewater directly to the waters of the Commonwealth
of Pennsylvania which may occur through the township's
stormwater conduits or combined sewer outfall structures.
ENVIRONMENTAL PROTECTION AGENCY or EPA -- The United
States Environmental Protection Agency, or where appropriate
the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
GRAB SAMPLE -- A sample which is taken from a waste
stream on a one-time basis, in 15 minutes or less, and
with no regard to the flow of the waste stream.
HOLDING TANK WASTE -- Any waste from holding tanks
such as vessels, chemical toilets, campers, trailers,
septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE -- The discharge or the introduction
of pollutants, including holding tank waste, into the
POTW.
INDUSTRIAL USER or USER -- Any person that introduces
an indirect discharge regulated under the Act, state
or local law to the POTW.
INTERFERENCE:
(1) A discharge which, alone or in conjunction with
a discharge or discharges from other sources:
(a) Inhibits or disrupts the POTW, its treatment processes
or operations or its sludge processes, use or disposal;
and
(b) Therefore is a cause of a violation of any requirement
of the POTW's NPDES permit (including an increase in
the magnitude or duration of a violation) or of the
prevention of sewage sludge use or disposal in compliance
with the following statutory provisions and regulations
or permits issued thereunder (or more stringent state
or local regulations), Section 405 of the Clean Water
Act, the Solid Waste Disposal Act (SWDA) [including
Title II, more commonly referred to as the "Resource
Conservation and Recovery Act (RCRA)"] and including
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.
(2) In addition, "interference" shall mean
the following:
(a) The introduction of pollutants into the POTW which
alone or in conjunction with other discharges, inhibits
or disrupts the process, operations or maintenance of
the POTW or causes an evacuation of any POTW personnel,
whether or not it causes or contributes to a violation
of the POTW's NPDES permit.
(b) The introduction of pollutants, either alone or
conjunction with other discharges, which when reaching
the treatment plant inhibit, disrupt or limit the solid
waste by-products disposal options available to the
POTW, whether or not it causes or contributes to a violation
of Section 405 of the Act, the Solid Waste Disposal
Act or any other law or regulation regulating solid
waste by-products.
(c) The introduction of pollutants into the city's
collector system, which alone or in conjunction with
other discharges inhibit, disrupt or adversely affect
the operations or maintenance of the Collector System.
MONTHLY AVERAGE -- The arithmetic mean of the values
for effluent samples collected over a calendar month.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS -- Any
regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c)
of the Act (33 U.S.C. 1317) which applies to a specific
category of industrial users and pretreatment standards
as published in 40 CFR Chapter I, Subchapter N.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR
NPDES PERMIT -- A permit issued pursuant to Section
402 of the Act (33 U.S.C. 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE
DISCHARGE STANDARD -- Any regulation developed under
the authority of Section 307(b) of the Act and 40 CFR
403.5.
NEW SOURCE -- 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.
NONDOMESTIC USERS -- Commercial, industrial or municipal
users who discharge to the POTW.
PASS-THROUGH -- A discharge which exits the POTW to
the receiving stream or its atmosphere in quantities
or concentrations which alone or in conjunction with
other discharges is a cause of a violation of any requirement
of the POTW's NPDES permit or a violation of any air
emission standard set by the Clean Air Act, state or
local rules and regulations governing emissions to the
air (including an increase in the magnitude or duration
of a violation).
PERSON -- Any individual, partnership, copartnership,
firm, company, corporation, association, joint-stock
company, trust, estate, governmental entity or any other
legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine,
the singular shall include the plural where indicated
by the context.
pH -- The logarithm (base 10) of the reciprocal of
the concentration of hydrogen ions expressed in moles
per liter of solution.
POLLUTANT -- Any dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar
dirt, industrial, municipal and agricultural waste or
any other contaminant discharged into water.
POLLUTION -- The man-made or man-induced alteration
of the chemical, physical, biological and/or radiological
integrity of water.
PRETREATMENT or TREATMENT -- The reduction of the amount
of pollutants, the elimination of pollutants or the
alteration of the nature of pollutant properties in
wastewater to a less harmful state prior to or in lieu
of discharging or otherwise introducing such pollutants
into a POTW. The reduction, elimination or alteration
can be obtained by physical, chemical or biological
processes, process changes, or other means except as
prohibited by 40 CFR Section 403.6(d).
PROCESS WASTEWATER -- Any water which, during manufacturing
or processing, comes into direct contact with or results
from the production or use of any raw material, intermediate
product, finished product, by-product or waste product.
PRETREATMENT STANDARDS OR REQUIREMENTS -- Any substantive
or procedural requirement related to pretreatment, including
but not limited to those requirements found in the Clean
Water Act, the General Pretreatment Regulations (40
CFR 403), the National Categorical Pretreatment Standards,
the Resource Conservation and Recovery Act (42 U.S.C.
6901 et seq.) and the Solid Waste Management Act (35
P.S. 6018.101 et seq.) as they relate to the proper
disposal of pretreatment sludges, the Abington Township
Wastewater Control Regulations and any order issued
under those regulations, the industrial user's wastewater
discharge permit and any other federal, state or local
law or regulation which regulates discharges to the
POTW.
PUBLICLY OWNED TREATMENT WORKS (POTW) -- A treatment
works, as defined by Section 212 of the Act (33 U.S.C.
1292), which is owned by the township or the city, as
applicable, including any devices and systems used in
the storage, treatment, recycling or reclamation of
municipal sewage and industrial waste. This definition
includes any sewers that convey wastewater to the POTW
treatment plant, but does not include pipes, sewers
or other conveyances not connected to a facility providing
treatment. For the purposes of this regulation, "POTW"
shall also include any sewers that convey wastewaters
to the POTW from persons outside the township who are,
by contract or agreement with the township, users of
the township's POTW.
POTW TREATMENT PLANT or TREATMENT PLANT -- That portion
of the POTW designed to provide treatment to wastewater.
SIGNIFICANT INDUSTRIAL USER -- The term "significant
industrial user" shall mean the following: any
industrial user subject to any National Categorical
Pretreatment Standard; or any industrial user that discharges
an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater) or contributes
a process waste stream which makes up 5% or more of
the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or any industrial user
that is found by the city, DEP or EPA to have a reasonable
potential, either alone or in conjunction with other
discharges, to adversely affect the POTW, the collector
system, the solid waste by-products of the POTW or air
emissions from the POTW.
SOLID WASTE BY-PRODUCTS -- Materials related to POTW
operations which include but are not limited to grit,
scum, screenings, incinerator ash, sludges and dredge
spoils.
SPILL or SLUG DISCHARGE -- Any discharge of a nonroutine,
episodic nature, including but not limited to an accidental
spill or noncustomary batch discharge, or any discharge
at a flow rate or concentration which could cause a
violation of the prohibited discharge standards found
in 132-61 of these regulations.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) -- A classification
pursuant to the Standard Industrial Classification Manual
issued by the Executive Office of the President, Office
of Management and Budget, 1972, as amended.
STATE -- The Commonwealth of Pennsylvania.
STORMWATER -- Any flow occurring during or following
any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS -- The total suspended matter that
floats on the surface of or is suspended in water, wastewater
or other liquids and which is removable by laboratory
filtering expressed in terms of concentration [milligrams
per liter (mg/l)].
TOWNSHIP -- The Township of Abington.
TOXIC POLLUTANT -- Any pollutant or combination of
pollutants listed as toxic pursuant to Pennsylvania
Statutes and Rules, Section 307(a) of the Act or other
federal statutes.
WASTEWATER -- The liquid and water-carried industrial
or domestic wastes from dwellings, commercial buildings,
industrial facilities and institutions, whether treated
or untreated.
WATERS OF THE COMMONWEALTH -- All streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, reservoirs,
aquifers, irrigation systems, drainage systems and all
other bodies or accumulations of water, surface or underground,
natural or artificial, public or private, which are
contained within, flow through or border upon the commonwealth
or any portion thereof.
WASTEWATER DISCHARGE PERMIT -- As set forth in 132-69
of these regulations.
B. Word usage. "Shall" is mandatory; "may"
is permissive.
132-60. Abbreviations.
The following abbreviations shall have the designated
meanings:
BOD Biochemical oxygen demand
CERCLA Comprehensive Environmental Response, Compensation
and Liability Act (42 U.S.C. 9601 et seq., as amended)
CF Code of Federal Regulations
COD Chemical oxygen demand
DEP Pennsylvania Department of Environmental Protection
EPA United States Environmental Protection Agency
l Liter
mg Milligrams
mg/l Milligrams per liter
NPDES National pollutant discharge elimination system
POTW Publicly owned treatment works
RCRA Resource Conservation and Recovery Act
SIC Standard industrial classification
SIU Significant industrial user
SWDA Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.
TSS Total suspended solids
USC United States Code
ARTICLE XI, Regulations
132-61. General discharge prohibitions.
A. No user shall contribute or cause to be contributed,
directly or indirectly, to the POTW any pollutant or
wastewater which will interfere with the operation or
performance of the POTW. These general prohibitions
apply to all such users of the POTW whether or not the
user is subject to Federal Categorical Pretreatment
Standards or any other federal, state or local pretreatment
standards or requirements.
B. No user shall contribute the following substances
to any POTW:
(1) Any liquids, solids or gases which, by reason of
their nature or quantity, are or may be sufficient,
either alone or by interaction with other substances,
to cause fire or explosion or to be injurious in any
other way to the POTW or to the operation of the POTW.
At no time shall the atmosphere in a private sewer leading
to a POTW structure exceed 25% of the lower explosive
limit (LEL) unless the user can demonstrate that such
a discharge does not create at the point of discharge
into the POTW or at any other point in the POTW a reading
over 10% LEL as measured by an explosimeter. Prohibited
materials include but are not limited to gasoline, kerosene,
naphtha, benzene, toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides and any other
substances which can create a fire or explosion hazard
to the POTW.
(2) Solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the
operation of the wastewater treatment facilities, such
as but not limited to grease, garbage with particles
greater than 1/2 inch in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand,
spent lime, stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains, spent
hops, wastepaper, wood, plastics, gas, tar, asphalt
residues, residues from refining or processing of fuel
or lubricating oil, mud or glass grinding or polishing
wastes or any material which can be disposed of as trash.
(3) Any wastewater having a pH less than 5.5 or higher
than 12.0, as measured by a grab sample or wastewater
having any other corrosive property capable of causing
damage or hazard to structures, equipment and/or personnel
of the POTW.
(a) No industrial user measuring pH continuously at
the point of discharge shall discharge wastes having
a pH lower than 5.5 or higher than 12.0 at any time
except for a period not to exceed a total of five minutes
in any one-hour period. In the event that a periodic
discharge of a pH lower than 5.5 or higher than 12.0
for a period exceeding five minutes occurs, the industrial
user must demonstrate that the pH will not exceed the
range of 5.5 to 10.0 at a downstream point designated
by the township. In no case may the industrial user's
discharge contain a pH less than 5.0 at the point of
discharge into the POTW.
(b) In the event that the influent wastewater flow
arriving at a treatment plant is outside the pH range
of 6.5 to 8.5, the township may limit industrial users
of the treatment plant to a pH range of 6.0 to 9.0,
upon oral or written notice, for as long as the township
deems necessary.
(4) Any wastewater containing toxic pollutants which
may, either singly or by interaction with other pollutants,
injure, adversely affect or interfere with any wastewater
treatment process; or constitute a hazard to humans
or other biota or may create an adverse effect in the
receiving waters of the POTW, as determined through
biomonitoring conducted on POTW's effluent or through
in-stream monitoring; or violate any provision of the
Federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended,
or local air quality regulations.
(5) Any noxious or malodorous liquids, gases or solids
which, either singly or by interaction with other wastes,
are sufficient to create a public nuisance or hazard
to life or may result in toxic gases, vapor or fumes
or are sufficient to prevent entry into the POTW for
maintenance and repair without respiratory protection
or other personal safety equipment.
(6) Any substance which may cause the POTW's effluent
or any other product of the POTW, such as residues,
sludges or scums to be unsuitable for reclamation and
reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW
cause the POTW to be in noncompliance with sludge use
or disposal criteria, guidelines or regulations developed
under Section 405 of the Act, nor any criteria, guidelines
or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean
Air Act, the Toxic Substances Control Act or state criteria
applicable to the sludge management methods being used
by the township or city, as applicable.
(7) Any substance which will cause the POTW to violate
its NPDES and/or state disposal system permit or the
receiving water quality standards.
(8) Any wastewater with objectionable color not removed
in the treatment process, such as but not limited to
dye wastes and vegetable tanning solutions.
(9) Any wastewater having a temperature which will
inhibit biological activity in the POTW treatment plant
resulting in interference, but in no case wastewater
with a temperature at the introduction into the POTW
which exceeds 60 C. (140 F.) or which shall cause the
wastewater entering the POTW treatment plant to exceed
40 C. (104 F.).
(10) Any pollutants, including oxygen-demanding pollutants
(BOD, etc.) and suspended solids released at a flow
rate and/or pollutant concentration which a user knows
or has reason to know will cause interference or pass-through
to the POTW. In no case shall a slug load have a flow
rate or contain a concentration or quantities of pollutants
that exceed for any time period longer than 15 minutes
more than five times the average twenty-four-hour permitted
concentration, quantities or flow during normal operation.
(11) Any wastewater containing any radioactive wastes
or isotopes of such half-life or concentrations as may
exceed limits established by the township in compliance
with applicable state or federal regulations.
(12) Any wastewater which causes a hazard to human
life or creates a public nuisance.
(13) Any wastewater containing motor oils or lubricants
removed from vehicles or other machinery.
(14) Any wastewater containing substances which may
solidify or become viscous at temperatures between 32
F. and 150 F.
(15) Any sludges, septage or holding tanks without
prior written approval of the Department.
(16) Any wastewater which because of its chemical nature
or composition causes the sewer atmosphere to contain
airborne chemical concentrations in exceedance of concentrations
established by the United States Department of Labor,
Occupational Safety and Health Administration (OSHA),
under 29 CFR Section 1910, regardless of duration of
exposure experienced by any individual, whether a Department
or contractor's employee, unless written authorization
is granted by the Commissioner.
(17) Wastewater which may create a fire or explosive
hazard in the POTW, including but not limited to wastewater
with a closed-cap flashpoint of less than 140 F. using
the test methods specified in 40 CFR 261.21.
(18) Any wastewater which, alone or in conjunction
with any other discharges, causes foam anywhere in the
treatment plant or its effluent.
C. In addition, the following activities are prohibited:
(1) No person shall discharge wastewater, pollutants,
chemicals or any other substance or contaminant into
street inlets or through sewer manholes without the
prior written approval of the POTW.
(2) No person who generates wastewater at one property
shall discharge it at another property without prior
written approval from the POTW.
(3) No person shall discharge wastewater in quantities
or at rates of flow which may have an adverse or harmful
effect on or overload the township or city's sewerage
system or wastewater treatment plants or cause excessive
or additional treatment costs or render inaccurate or
interfere with the function of sewer metering devices.
(4) No person shall discharge a wastewater flow contributing
greater than 42 pounds per day of five-day biochemical
oxygen demand, or contributing greater than 30 pounds
per day of suspended solids or having a volume in excess
of 50,000 gallons per day without prior written approval
of the township.
(5) No person shall store or handle any material, including
hazardous substances defined by CERCLA, in any area
draining to the township sewer system, because discharge
or leakage from such storage or handling may create
an explosion hazard in the sewer system or treatment
plant or may constitute a hazard to human beings or
animals or the receiving stream or in any other way
may have a deleterious effect upon the wastewater treatment
facilities. Such storage or handling shall be subject
to review by the township and shall require a spill
control plan with reasonable safeguards to prevent discharge
or leakage of such materials into the sewers.
(6) Industrial users processing regulated waste streams
through their pretreatment facilities shall not bypass
such pretreatment facilities unless they notify the
township in writing and obtain prior written approval
from the township.
(7) No person shall increase the use of potable water,
groundwater, rainwater, river water or process water
or in any way attempt to dilute an effluent as a partial
or complete substitute for adequate treatment to achieve
compliance with any Pretreatment Standards or requirements.
132-62. General pretreatment regulations; National
Categorical Pretreatment Standards.
All users shall comply with all provisions contained
in the general pretreatment regulations (40 CFR 403),
as amended, and if applicable, National Categorical
Pretreatment Standards (40 CFR Chapter I, Subchapter
N), as amended. Any limitations imposed under the general
pretreatment regulations or the National Categorical
Pretreatment Standards which are more stringent than
the limitations in these regulations shall supersede
the limitations imposed under these regulations.
132-63. Modification of Federal Categorical Pretreatment
Standards.
Where the township's wastewater treatment system achieves
consistent removal of pollutants limited by Federal
Pretreatment Standards, the township may apply to the
approval authority for modification of specific limits
in the Federal Pretreatment Standards of an industrial
user or a whole category.
132-64. Specific pollutant limitations.
A. No person shall discharge the following substances
in excess of the concentrations, in milligrams per liter
(mg/l), as expressed below:
Daily Monthly
Maximum Average
Arsenic 0.01 0.005
Cadmium 0.2 0.1
Copper 4.5 2.7
Lead 0.69 0.43
Mercury 0.01 0.005
Nickel 4.1 2.6
Silver 0.43 0.24
Total chromium 7.0 4.0
Zinc 4.2 2.6
Selenium 0.2 0.1
B. Prohibited discharges.
(1) No person shall discharge any of the substances
listed below to the POTW without obtaining prior written
approval of POTW:
Acrylonitrile
Aldrin
Alpha BHC
Aluminum
Barium
Benzene
Benzo (a) pyrene
Benzotrichloride
Beryllium
Bis (2-ethylhexyl) phthalate(DEPH)
Bromobenzene
Bromodichloromethane
Bromoform
Carbon tetrachloride
Chlordane
Chlorobenzene
Chlorodibromomethane
Chloroethane
Chloroform
Cumene (Isopropylbenzene)
DDT/DDE/DDD
Dibutylphthalate
Dichlorobromomethane
Dichloroethyl ether
Dieldrin
Diisobutylenes
Dimethylnitrosamine
Ethylbenzene
Heptachlor
Hexachlorobutadiene
Hexachlorobenzene
Iron
Isopropylbenzene
Lindane
M-Dichlorobenzene
Methyl chloride (chloromethane)
Methyl Ethyl Ketone
Methyl Isobutyl Ketone
Molybdenum
o, m, p-Xylenes
o-Chlorotoluene
o-Dichlorobenzene
p-Chlorotoluene
para-Dichlorobenzene
PCB-1248
PCB-1260
Phenanthrene
Phenols
Pyrene
Styrene
Tetrachloroethylene (perchloroethylene)
Tin
Titanium
Toluene
Toxaphene (chlorinated camphene)
Trichloroethylene
Vinyl chloride
1, 1, 1, 2-Tetrachloroethane
1, 1, 2, 2-Tetrachloroethane
1, 1-Dichloroethane
1, 1-Dichloroethylene
1, 1-Dichloropropene
1, 2-trans Dichloroethylene
1, 2, 3-Trichloropropane
1,2-cis Dichlororoethylene
1, 2-Dibromo-3-Chloropropane
1, 2-Dichloroethane
1, 2-Dichloropropane
1, 3-Dichloropropane
1, 3-Dichloropropene
1, 4-Dichlorobenzene (p)
2-Chlorophenol
2, 2-Dichloropropane
2, 4-Dinitrophenol
2, 4-Dinitrotoluene
3, 3-Dichlorobenzidiene
(2) The township reserves the right to modify this
list of materials prohibited from entering the POTW
as may become necessary by virtue of new state or federal
regulations.
C. Chlorine and ammonia. The free chlorine and/or free
ammonia content of the waste shall be limited to five
mg/l at any time as shown by grab sample. In particular
instances where a mist-free atmosphere, as needed during
inspection and maintenance of a sewer or to protect
the POTW, is otherwise not attainable, the township
may direct the user to further reduce its discharge
of chlorine and/or ammonia, either on a temporary or
permanent basis, so as to eliminate formation of mist,
in order to permit such inspection and maintenance and
protect the POTW.
D. Hydrogen sulfide. The hydrogen sulfide content of
the waste shall not exceed two mg/l at any time as shown
by grab sample unless the POTW authorizes in writing
an alternative mass limit for total sulfides.
E. Cyanide content. The cyanide content of the waste
shall not exceed 10 mg/l total cyanide and two mg/l
of cyanide readily released at 150 F. and pH 4.5. Cyanide
content of wastewater must be measured by grab sample.
F. Fats, oils and greases. Wastewaters shall not contain
in excess of 100 mg/l of fats, oils and greases of mineral
or petroleum or unknown origin at any time as shown
by grab sample. Wastewater discharged to the POTW shall
contain no floatable or nonemulsified fats, oils and
greases of animal or vegetable origin. Specific numerical
limits for these pollutants may be placed in an industrial
user's wastewater discharge permit if found by the POTW
to be necessary. Wastewaters shall in no case contain
concentrations of these pollutants high enough to cause
interference or pass-through. The limits for both fats,
oils and grease of mineral, petroleum or unknown origin
and of animal or vegetable origin may be reduced by
the Department without amending these regulations where
the existing limits cause adverse impacts to the Collector
System and/or POTW.
132-65. State requirements.
State requirements and limitations on discharges shall
apply in any case where they are more stringent than
federal requirements and limitations or those in these
regulations.
132-66. Township's right of revision.
The township reserves the right to establish by regulation
more stringent limitations or requirements on discharges
to the wastewater disposal system if deemed necessary
to comply with the objectives presented in 132-58 of
these regulations.
132-67. Accidental discharges.
A. Spill prevention plan.
(1) Each user shall provide protection from accidental
discharge of prohibited materials or other substances
which may interfere with the POTW by developing a spill
prevention plan. Facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained
at the owner or user's own cost and expense. Detailed
plans showing facilities and operating procedures to
provide this protection shall be submitted to the township
for review and shall be approved by the township before
construction of the facility. The Spill Plan shall contain,
at a minimum, the following:
(a) Description of discharge practices, including routine
and nonroutine batch discharges.
(b) Description of stored chemicals.
(c) Procedures for promptly notifying the township
of spills or slug discharges, with procedures for follow-up
written notification within five working days.
(d) Any necessary procedures to prevent accidental
spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff and
worker training.
(e) Any necessary measures for building containment
structures or equipment.
(f) Any necessary measures to assure the integrity
of storage vessels and piping.
(g) Any necessary measures for controlling toxic organic
pollutants (including solvents).
(h) Any necessary procedures and equipment for emergency
response.
(i) Any necessary follow-up practices to limit the
damage suffered by the POTW or the environment.
(2) All existing users shall complete such a plan within
three months of notice to do so by the Department. No
user who commences a new discharge to the POTW after
the effective date of these regulations shall be permitted
to introduce pollutants into the system until accidental
discharge procedures have been approved by the township
and/or city, as applicable. Review and approval of such
plans and operating procedures shall not relieve the
industrial user from the responsibility to modify the
user's facility as necessary to meet the requirements
of these regulations.
B. Notification.
(1) In the case of an accidental discharge, it is the
responsibility of the user to immediately notify the
township of the incident by telephone. The notification
shall include date, time and location of discharge,
type of waste, including concentration and volume, duration
of discharge and any corrective actions taken by the
user.
(2) Written notice. Within five business days, unless
a different period is prescribed by the township, following
an accidental discharge the user shall submit to the
township a detailed written report describing the cause
of the discharge and the measures that will be taken
by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense,
loss, damage or other liability which may be incurred
as a result of damage to the POTW, fish kills or any
other damage to person or property; nor shall such notification
relieve the user of any fines, civil penalties or other
liability which may be imposed by these regulations
or other applicable law. Following an accidental discharge,
the user shall submit to the Department a detailed written
report describing the cause of the discharge and the
measures that will be taken by the user to prevent similar
future occurrences. Such notification shall not relieve
the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW,
fish kills or any other damage to person or property;
nor shall such notification relieve the user of any
fines, civil penalties or other liability which may
be imposed by these regulations or other applicable
law.
C. Notice to employees. A notice shall be permanently
posted on the user's bulletin board(s) or other prominent
places advising employees whom to call in the event
of a dangerous discharge. Employers shall advise all
employees who may cause or be injured by such a discharge
of the emergency notification procedure.
ARTICLE XII, Administration
132-68. Compliance required.
All discharges to the POTW must be in compliance with
these regulations.
132-69. Wastewater discharge permits.
A. General permits. All significant industrial users
proposing to connect to or contribute to the POTW shall
obtain a wastewater discharge permit before connecting
to or contributing to the POTW. All existing significant
industrial users connected to or contributing to the
POTW shall obtain a wastewater discharge permit within
365 days after the effective date of these regulations.
B. Permit requirements for trucked or hauled wastewater.
Any person trucking or hauling wastewater to the POTW
must first obtain a septage discharge permit. The following
prohibitions apply to all trucked or hauled wastewater:
(1) All wastes are to be discharged only at the designated
location contained in the user's septage discharge permit.
(2) All loads are to be sampled and approved prior
to discharge.
(3) Only sanitary septic wastes are to be discharged
unless prior written approval is given.
(4) Sludges or grease trap wastes shall not be discharged.
C. Permit application.
(1) Users required to obtain a wastewater discharge
permit shall complete and file with the township a baseline
monitoring report or other report as may be required
by the township. Existing users shall apply for a wastewater
discharge permit within 30 days after the effective
date of these regulations, unless the township has previously
issued such a permit which has not expired. New users
shall apply at least 90 days prior to connecting to
or contributing to the POTW. The township may waive
the requirement for filing an application. In support
of the application, the user shall submit, in units
and terms appropriate for evaluation, the following
information:
(a) Name, address and location (if different from the
address).
(b) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as
amended.
(c) Wastewater constituents and characteristics, including
but not limited to those mentioned in Article XI of
these regulations as determined by a reliable analytical
laboratory; sampling and analysis shall be performed
in accordance with procedures established by the EPA
pursuant to Section 304(g) of the Act and contained
in 40 CFR 136, as amended; the user shall follow the
requirements of 40 CFR 403.12(b)(5), Measurement of
pollutants.
(d) Time and duration of contribution.
(e) Average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variations,
if any.
(f) Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections
and appurtenances by the size, location and elevation.
(g) Description of activities, facilities and plant
processes on the premises, including all materials which
are or could be discharged.
(h) Where known, the nature and concentration of any
pollutants in the discharge which are limited by any
township, city, state or Federal Pretreatment Standards
and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis, and if
not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user
to meet applicable pretreatment standards;
(i) Where additional pretreatment and/or O&M will
be required to meet the pretreatment standards, the
shortest schedule by which the user will provide such
additional pretreatment. The completion date in this
schedule shall not be later than the compliance date
established for the applicable pretreatment standard.
The following conditions shall apply to this schedule:
[1] 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 applicable pretreatment standards (e.g., completing
preliminary plans, completing final plans, executing
contract for major components, commencing construction,
completing construction, etc.).
[2] No increment referred to in Subsection C(1)i[1]
above shall exceed nine months.
[3] 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,
at 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 nine
months elapse between such progress reports to the Department.
(j) Each product produced by type, amount, process
or processes and rate of production.
(k) Type and amount of raw materials processed (average
and maximum per day).
(l) Number and type of employees, hours of operation
of plant and proposed or actual hours of operation of
pretreatment system.
(m) Any other information as may be deemed by the township
to be necessary to evaluate the permit application.
(n) The user shall submit a list of any environmental
control permits held by or for the facility.
(2) The township will evaluate the data furnished by
the user and may require additional information. After
evaluation and acceptance of the data furnished, the
township may issue a wastewater discharge permit subject
to terms and conditions provided herein.
D. Promulgation of additional National Categorical
Pretreatment Standards. When additional and/or new National
Categorical Pretreatment Standards are promulgated,
any user subject to such additional or new standards
shall apply for a wastewater discharge permit within
180 days of the promulgation of such standard. In addition,
any user with an existing wastewater discharge permit
shall submit to the Department within 180 days of the
promulgation of an applicable National Categorical Pretreatment
Standard the information required by Subsection C(1)(h)
and (i).
E. Permit modifications. The Department may modify
any existing permit for any of the following reasons:
(1) To incorporate any new or revised federal, state
or local pretreatment standards or requirements.
(2) Material or substantial alterations or additions
to industrial user's operation which were not covered
in the effective permit.
(3) A change in any condition that requires either
a temporary or permanent reduction or elimination of
the permitted discharge.
(4) Information indicating that the permitted discharge
could in any manner adversely affect the POTW, personnel
or receiving waters.
(5) Violation of any terms or conditions of this permit.
(6) Obtaining the permit by misrepresentation or failure
to disclose fully all relevant facts.
(7) Upon request of the Industrial User, provided that
such request does not create a violation of any existing
applicable requirements, standards, laws or rules and
regulations.
F. Permit conditions. Wastewater discharge permits
shall be expressly subject to all provisions of these
regulations and all other applicable regulations, user
charges and fees established by the township or city,
as applicable. Permits may contain the following:
(1) Concentration and/or mass limits on the average
and maximum wastewater constituents and characteristics.
(2) Limits on average and maximum rate and time of
discharge or requirements for flow regulation and equalization.
(3) Requirements for installation and maintenance of
inspection and sampling facilities.
(4) Specifications for monitoring programs which may
include sampling locations, frequency of sampling, number,
types and standards for tests and reporting schedule.
(5) Compliance schedules. The Department may, at its
discretion, issue interim effluent limits as part of
a Compliance Schedule.
(6) Requirements for submission of technical reports
or discharge reports (see 132-70).
(7) Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified
by the township and affording township access thereto.
(8) Requirements for notification of the township or
of the city, as applicable, of any new introduction
of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents
being introduced into the wastewater treatment system.
(9) Requirements for notification of slug discharges.
(10) Other conditions as deemed appropriate by the
township or the city to ensure compliance with these
regulations.
G. Public notice of permit issuance.
(1) Public notice of every proposed wastewater discharge
permit ("permit") shall be published by the
township in a newspaper of daily circulation within
the geographical area of the discharge. The notice shall
include at least the following:
(a) Name and address of each permittee.
(b) Each permittee's activity or operation which results
in the discharge described in the wastewater discharge
permit.
(c) Address and phone number of premises where a copy
of the proposed permit may be requested.
(d) Notice of the thirty-day comment period required
by Subsection G(2).
(2) There shall be a thirty-day period following publication
of notice during which written comments may be submitted
by the permittee or interested persons located within
the township's wastewater processing service area. The
township will make its final determination on a proposed
permit following the comment period. The period for
comment may be extended at the discretion of the township
for up to 30 additional days.
(3) The township shall issue the permit as soon as
is practicable, and this shall be a final decision.
H. Permit duration.
(1) Permits shall be issued for a specified time period,
not to exceed five years. A permit may be issued for
a period less than a year or may be stated to expire
on a specific date. The user shall apply for permit
reissuance a minimum of 180 days prior to the expiration
of the user's existing permit. Where the user has made
a timely and complete permit renewal application, the
existing permit shall continue in effect until a new
permit is issued by the township. The user shall be
informed of any proposed changes in his permit at least
30 days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable
time schedule for compliance.
(2) If a user wishes to contest any provisions of the
permit, the user may file an appeal as provided for
by law. The appeal shall specifically state all terms
and/or conditions of the permit which are being challenged
and shall state all reasons why the user believes the
terms and/or conditions are inappropriate. The appeal
shall be taken within 30 days of the user's receipt
of the permit. Failure to appeal within this time period
shall result in a waiver of all legal rights to challenge
the terms and/or conditions of the permit. Where the
permit has been appealed, the appeal shall only stay
the contested terms and/or conditions of the permit
and not the entire permit. The remainder of the permit
remains in full force and effect.
I. Wastewater discharge permit transfer. Wastewater
discharge permits may be transferred to a new owner
or operator only if the permittee gives at least 30
days advance written notice to the township and the
township approves the wastewater discharge permit transfer.
The notice to the township must include a written certification
by the new owner or operator which:
(1) States that the new owner and/or operator has no
immediate intent to change the facility's operation
or processes;
(2) Identifies the specific date on which the transfer
is to occur:
(3) Acknowledges full responsibility for complying
with the existing wastewater discharge permit; and
(4) Acknowledges full responsibility for correcting
all preexisting violations, including but not limited
to implementing corrective action plans and paying fines.
J. Effective date. The permit becomes effective when
signed by the Township Manager.
132-70. Reporting requirements.
A. Report on compliance with National Categorical Pretreatment
Standards deadline (ninety-day compliance report). Within
90 days following the date for final compliance with
applicable National Categorical Pretreatment Standards
or, in the case of a new source, following commencement
of the introduction of wastewater into the POTW, any
industrial user subject to pretreatment standards or
requirements shall submit to the control authority a
report containing the information described in 40 C.F.R.
403.12(b)(4) through (6). For industrial users subject
to equivalent mass or concentration limits established
by the control authority in accordance with the procedures
in 40 C.F.R. 403.6(c), this report shall contain a reasonable
measure of the user's long term production rate. For
all other industrial users subject to National Categorical
Pretreatment Standards expressed in terms of allowable
pollutant discharge per unit of production (or other
measure of operation), this report shall include the
user's actual production during the appropriate sampling
period.
B. Periodic compliance reports. The reporting periods
shall run from January 1 to June 30 and from July 1
to December 31. Every SIU shall submit to the Department
during the months of July and January, unless required
in different months or more frequently by the Department,
a periodic compliance report for the preceding reporting
period. The periodic compliance report shall contain,
at minimum, the following:
(1) The results of the monitoring program conducted
by Industrial User, including all sample results, sampling
frequency and sample type (grab or composite). All analysis
shall be performed in accordance with procedures established
by the EPA pursuant to Section 304(g) of the Act and
contained in 40 CFR 136, and amendments thereto, or
other test procedures approved by the EPA. Samples and
measurements taken for purposes of the monitoring requirements
shall be representative of the monitored activity.
(2) Wastewater flow data for the reporting period.
(3) A statement as to whether or not industrial user
has achieved compliance with all pretreatment standards
or requirements.
(4) If the industrial user has not achieved compliance
with all pretreatment standards or requirements, a proposed
schedule indicating what additional pretreatment and/or
operations and maintenance will be required to achieve
compliance in the shortest time.
(5) The following certification statement, signed and
dated 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."
C. Notification of changed discharge. All industrial
users shall promptly notify the department in advance
of any substantial change in the volume or character
of pollutants in their discharge, including the listed
or characteristic hazardous wastes for which the industrial
user has submitted initial notification under 40 CFR
403.12(p), and which is found in Subsection D of these
regulations and Section IV(F) of the permit standard
conditions.
D. Hazardous waste notification requirement.
(1) The industrial user shall notify the township or
city, the EPA Regional Waste Management Division Director
and state hazardous waste authorities, in writing, of
any discharge to the Township of a substance, which,
if otherwise disposed of, would be hazardous waste under
40 CFR 261 (RCRA). Such notification must include the
name of the hazardous waste as set forth in 40 CFR 261,
the EPA hazardous waste number and the type of discharge
(continuous, batch or other). If the industrial user
discharges more than 100 kilograms of such waste per
calendar month to the city, the notification shall also
contain the following information to the extent such
information is known and readily available to the industrial
user: an identification of the hazardous constituents
contained in the wastes; an estimation of the mass and
concentration of such constituents in the waste stream
discharged during the calendar month; and an estimation
of the mass of constituents in the waste stream expected
to be discharged during the following 12 months. Any
notification under this subsection need be submitted
only once for each hazardous waste discharged. The notification
requirement in this section does not apply to pollutants
already reported under the self-monitoring requirements.
(2) The industrial user is exempt from the requirements
of Subsection D(1) of this section during a calendar
month in which it discharges no more than 15 kilograms
of hazardous wastes, if allowed under its permit, unless
the wastes are RCRA acute hazardous wastes, which require
a one-time notification. Subsequent months during which
the industrial user discharges more than such quantities
of any hazardous waste, where allowed by its permit,
do not require additional notification.
(3) In the case of any new regulations under Section
3001 of RCRA identifying additional characteristics
of hazardous waste or listing any additional substance
as a hazardous waste, the industrial user must notify
the city, the EPA Regional Waste Management Division
Director, and state hazardous waste authorities of the
discharge of such substance within 90 days of the effective
date of such regulations.
(4) 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.
E. Closure statement. If an industrial user requests
modification or termination of industrial user's wastewater
discharge permit due to ceasing all or part of the process(es)
regulated by the permit, the industrial user shall submit
to the township, in writing, a closure statement which
shall contain, at a minimum, the following:
(1) Company name and address [that at which regulated
process(es) are or were located].
(2) Name and telephone number of company contact person.
(3) Closure date(s) of regulated process(es).
(4) List of other process(es) that will continue to
operate at the same location.
(5) Indication of whether a water shutoff request has
been filed if entire facility has/will shut down.
(6) Ultimate plans for disposal of building(s), equipment
and materials.
(7) Schedule for Subsection E(6) above.
(8) Receipts and manifests for disposal of hazardous
wastes/materials, etc.
(9) A certification statement, signed and dated by
an authorized representative of the industrial user,
as required by 40 CFR 403.6(a)(2)(ii) and 132-76 of
these regulations, and which is also found at Section
VI(D) of the Permit Standard Conditions.
F. Notice of potential problems. An industrial user
shall notify the POTW immediately of all discharges
which could cause problems to the POTW, including spills
or slug discharges, by the industrial user.
G. Notice of indication of violation. If sampling performed
by an industrial user indicates a violation, the user
shall notify the city within 24 hours of becoming aware
of the violation and submit to the city within five
business days, unless otherwise specified, a detailed
written report describing the discharge and the measures
taken to prevent similar future occurrences. The user
shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the township within
30 days of becoming aware of the violation.
H. Surcharge reports. The township may require any
user subject to wastewater surcharge rates to file surcharge
reports on a quarterly or more frequent basis. These
surcharge reports shall contain information necessary
to calculate surcharge billings, which includes but
is not limited to flow, BOD and suspended solids.
I. Responses to notices of violations and notices of
significant noncompliance. All users shall respond in
writing to notices of violations and notices of significant
noncompliance within 15 days of their receipt of these
notices or as otherwise required in the notices. The
written response must state the reasons for the violation(s),
all actions that have or will be taken to return to
compliance and when full compliance will be achieved.
J. Baseline monitoring reports. Any user receiving
a baseline monitoring report form shall complete the
form by providing all information requested therein
and shall return the completed form to the POTW within
30 days upon its receipt.
132-71. Monitoring facilities.
A. The township shall require to be provided and operated,
at the user's own expense monitoring facilities to allow
inspection, sampling and flow measurement of the building
sewer and/or internal drainage systems. The monitoring
facility should normally be situated on the user's premises,
but the township may, when such a location would be
impractical or cause undue hardship on the user, allow
the facility to be constructed in the public street
or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles.
B. There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and preparation
of samples for analysis. The facility, sampling and
measuring equipment shall be maintained at all times
in a safe and proper operating condition at the expense
of the user.
C. Whether constructed on public or private property,
the sampling and monitoring facilities shall be provided
in accordance with the township's requirements and all
applicable local construction standards and specifications.
Construction shall be completed within 90 days following
written notification by the township.
132-72. Inspection and sampling.
A. The township or city may inspect the users' facilities
to determine compliance with pretreatment standards
or requirements. Persons or occupants of premises where
wastewater is or may be created or discharged shall
allow the township or its representative ready access
at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination,
copying of records or for the performance of any of
its duties.
B. The township shall have the right to set up on the
user's property such devices as are necessary to conduct
sampling, inspection, compliance monitoring and/or metering
operations.
C. Where a user has security measures in force which
would require proper identification and clearance before
entry into its premises, the user shall make necessary
arrangements with their security guards so that upon
presentation of suitable identification, personnel from
the township shall be permitted to enter, without delay,
for the purposes of performing their specific responsibilities.
132-73. Pretreatment.
Users shall provide necessary wastewater treatment
as required to comply with these regulations and shall
achieve compliance with all pretreatment standards or
requirements. Any facilities required to pretreat wastewater
to a level acceptable to the city shall be provided,
operated and maintained at the user's expense. A pretreatment
facilities report containing detailed plans showing
the pretreatment facilities and detailed operating procedures
shall be submitted to the township for review and shall
be acceptable to the township before construction of
the facility. Any user currently operating that has
not submitted a pretreatment facilities report shall
submit this report to the township within 15 days of
the township's request for this report. The review of
such plans and operating procedures will in no way relieve
the user from the responsibility of providing an effluent
which complies with all pretreatment standards or requirements.
The user shall report in writing to the city any changes
in its pretreatment facilities, method of operation
or nature or characteristics of the wastewater prior
to implementing such changes.
A. Recordkeeping requirements. All users shall retain
all records relating to compliance with pretreatment
standards or requirements for a period of at least three
years, and shall follow all requirements of 40 CFR 403.12(o).
The period of retention shall be automatically extended
during the course of any unresolved dispute between
the User and the Department, or when the Department
so requests. Upon request, these records shall immediately
be made available to the Township for inspection and
copying.
B. Duty to mitigate. An industrial user shall take
all reasonable steps to minimize or correct any adverse
impact on the environment resulting from noncompliance
with any pretreatment standards or requirements, including
such accelerated or additional monitoring as is necessary
to determine the nature and impact of the noncomplying
discharge.
132-74. Confidential information.
A. Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to
the public or other governmental agency without restriction
unless the 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 of the user.
B. When requested by the person furnishing a report,
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
upon written request by governmental agencies for uses
related to this regulation, the township's national
pollutant discharge elimination system (NPDES) permit,
state disposal system permit and/or the pretreatment
programs and for use by state and federal government
or any state or federal agency in judicial review or
enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
132-75. Public notification.
The township shall publish at least semiannually in
the daily newspaper with the largest circulation in
the township a list of the users which were in significant
noncompliance, as defined in Article XV of these regulations,
during the previous six months. The notification may
also summarize any enforcement actions taken against
the user(s) during the same six months.
132-76. Certification requirement.
All reports, including but not limited to baseline
monitoring reports, reports on compliance with Categorical
Pretreatment Standards and periodic compliance reports,
shall include the certification statement set forth
in 40 CFR 403.6(a)(2)(ii) and which is found in 132-70B(4)
of these regulations and Section V(D) of the permit
standard conditions.
132-77. Signatory requirement.
All reports, including but not limited to baseline
monitoring reports and periodic compliance reports,
shall be signed by an authorized representative of the
user, as specified at 40 CFR 403.12(1).
ARTICLE XIII, Enforcement
132-78. Emergency suspensions.
A. Notwithstanding any other provisions of these regulations,
the township may suspend the wastewater treatment service
and/or a wastewater discharge permit when such suspension
is necessary, in the opinion of the township, in order
to stop an actual or threatened discharge which:
(1) Presents or may present an imminent or substantial
endangerment to the health or welfare of persons;
(2) Presents or may present an imminent or substantial
endangerment to the environment;
(3) May cause or actually causes interference to the
POTW, or
(4) May cause or causes the township to violate any
condition of its NPDES permit.
B. Any person notified of a suspension of the wastewater
treatment service and/or the wastewater discharge permit
shall immediately stop or eliminate all contributions.
C. Should the person fail to immediately comply voluntarily
with the suspension order, the township shall take such
steps as deemed necessary, including but not limited
to termination of water service and/or immediate severance
of the sewer connection.
D. The township shall revoke its emergency suspension
order and restore wastewater and/or water service once
the following information has been provided to and accepted
by the township:
(1) A detailed written report describing the cause(s)
of the harmful contribution and indicating what measures
have been taken to prevent any future occurrence of
the same; and
(2) Proof of the elimination of the harmful discharge.
E. Revocation of an emergency suspension order and
restoration of wastewater and/or water service shall
not preclude the Township from taking any other enforcement
action as permitted under 132-79 through 132-87, inclusive,
and Article XV of these regulations.
132-79. Revocation of permit.
Any user who violates these regulations, the wastewater
discharge permit, or any applicable federal, state or
local law, is subject to having his wastewater discharge
permit revoked in accordance with the procedures of
132-80 of these regulations. Revocation of a user's
permit requires the user to immediately cease all wastewater
contributions.
132-80. Procedure for revocation of permit.
A. Whenever the township finds that any user has violated
or is violating any pretreatment standards or requirements,
the township may serve personally or by regular or certified
mail upon such person a notice of revocation stating
the nature of the violation(s). Notice by regular mail
alone shall be deemed sufficient notice.
B. Within 15 days of the date of the notice of revocation,
the user shall respond in writing. The response must
state why the violation occurred, the steps taken to
prevent its recurrence and whether the violation has
been corrected. If the response indicates that the violation
has not been corrected, the response shall contain a
plan for the immediate correction of the violation.
C. The township shall consider the user's response,
if any, before rendering its final determination order.
The township's final determination order may direct
that:
(1) The user's permit be immediately revoked;
(2) The user's permit be revoked on a specified future
date unless adequate treatment facilities, devices or
other related appurtenance shall have been installed
and existing treatment facilities, devices or other
related appurtenances are properly operated; or
(3) The user's permit shall continue in effect.
D. Further orders and directives as are necessary and
appropriate may be issued.
132-81. Enforcement of permit revocation.
A. If the user fails to immediately cease all wastewater
discharges upon the revocation of his wastewater discharge
permit, the township may order any of the following
actions to be taken:
(1) Immediate termination of the user's water service.
(2) Immediate severance of the user's sewer connection.
(3) Any other action designed to immediately terminate
the user's wastewater discharge.
B. All costs related to terminating or reinstating
after termination the user's water and/or sewer service
shall be borne by the user.
132-82. Reissuance of permit after revocation.
A. Where a user has failed to respond to a notice of
revocation in accordance with 132-80 of these regulations
and/or has failed to comply with the control authority's
final determination order, the township may decline
to reissue a permit.
B. No permit shall be reissued until the user has submitted
and completed a corrective action plan which will ensure
compliance with all pretreatment standards or requirements.
C. Prior to reissuance of a permit, the township or
city may require the user to:
(1) File with the township or city a performance bond
payable to the township or city, in a sum not to exceed
a value determined by the township or city to be necessary
to achieve consistent compliance; or
(2) Submit proof that it has obtained liability insurance
acceptable to the township or city, sufficient to restore
or repair the POTW for damages that may be caused by
the user's discharge.
132-83. Enforcement procedure against nonpermitted
users.
A. Procedure for termination of discharge.
(1) Whenever the township finds that any user has violated
or is violating any pretreatment standards or requirements,
the township may serve personally or by regular or certified
mail upon such user a notice of the township's intent
to terminate the user's discharge, along with a description
of the user's violation(s). Notice by regular mail shall
be deemed sufficient notice.
(2) Within 15 days of the date of the notice of the
township's intent to terminate, the user must respond
in writing. The user's response shall include a plan
for the satisfactory correction of the violation(s).
(3) The township shall consider the user's response,
if any, before rendering its final determination order.
The township's final determination order may direct
that:
(a) The user immediately cease all wastewater contributions;
(b) The user be prohibited from contributing wastewater
into the POTW unless adequate treatment facilities are
installed and operating; or
(c) The user may continue his wastewater contribution.
(4) Further orders and directives as are necessary
and appropriate may be issued.
(5) If a user fails to immediately comply with the
township's final determination order, the township may
enforce its order by taking any or all of the actions
stated in 132-81. In addition, the township may use
any other administrative, legal or equitable relief
available.
(6) After termination, the user may apply to the township
once again to contribute wastewater into the township's
system. The township may accept, deny or condition its
acceptance of the application pursuant to 132-82.
B. Administrative orders.
(1) Whenever a user has violated or continues to violate
any pretreatment standards or requirements, the Commissioner
may issue an administrative order requiring the user
to correct the violations and to return to compliance.
The order may require that any of the following actions
be taken:
(a) Install new or additional pretreatment facilities
to ensure compliance with all pretreatment standards
or requirements.
(b) Make operational changes to ensure compliance with
all pretreatment standards or requirements;
(c) Meet interim and/or final deadlines by which actions
and/or compliance must be achieved;
(d) Conduct additional self-monitoring and additional
reporting;
(e) Require remediation of any damage done to the POTW
or the environment;
(f) Establish interim effluent limits;
(g) Require the user's wastewater discharge permit
to be amended in accordance with these regulations;
(h) Require the user to submit information and reports;
(i) Pay fines in accordance with Article XV of these
regulations.
(j) Take any other action which the Commissioner deems
necessary to ensure both present and future compliance
with all pretreatment standards or requirements.
(2) If the user fails to comply with the administrative
order, the user's wastewater and/or water service may
be terminated. The issuance of an administrative order
shall not be a bar against or a prerequisite for taking
any other action against the user. If the user wishes
to contest the administrative order, it shall file its
appeal pursuant to the Philadelphia Home Rule Chapter
within 30 days. Failure to appeal within this time period
shall result in a waiver of all legal rights to contest
the violation or any provisions contained in the order.
C. Administrative consent orders. The Commissioner
may enter into administrative consent orders establishing
an agreement with any user. An administrative consent
order may contain any or all of the provisions contained
in 132-83B, administrative orders. Administrative consent
orders shall have the same force and effect as administrative
orders.
132-84. Legal action.
If any person violates any pretreatment standards or
requirements, the Township Solicitor may commence an
action for appropriate legal and/or equitable relief
in the appropriate court.
132-85. Injunctive relief.
If an industrial user violates any pretreatment standards
or requirements, the township, through counsel, may
petition the court for the issuance of a temporary restraining
order, a preliminary or permanent injunction (as may
be appropriate) which restrains or compels the activities
on the part of the industrial user.
ARTICLE XIV, Fees
132-86. Purpose.
It is the purpose of this section to provide for the
recovery of costs from users of the township's wastewater
disposal system for the implementation of the program
established herein.
132-87. Charges and fees.
A. All industrial users applying for or issued a permit
after the promulgation of these regulations shall pay
a fee of $500 per permit application.
B. The township may adopt charges and fees which may
include:
(1) Fees for reimbursement of costs of setting up and
operating the township's pretreatment program.
(2) Fees for monitoring, inspections and surveillance
procedures.
(3) Fees for reviewing accidental discharge procedures
and construction.
(4) Other fees as the township may deem necessary to
carry out the requirements contained herein.
C. These fees relate solely to the matters covered
by these regulations and are separate from all other
fees chargeable by the township. The Department reserves
the right to change the fees set forth herein.
ARTICLE XV, Civil Penalty Assessment Policy
132-88. Purpose.
The purpose of this section is to enact a civil penalty
assessment policy pursuant to the Publicly Owned Treatment
Works Penalty Law, Act No. 1992-9.EN
132-89. Scope.
A. The POTW Penalty Law allows the city, as the owner
and operator of publicly owned treatment works with
an approved pretreatment program, to assess civil penalties
of up to $25,000 per violation of any pretreatment standards
or requirements per day. Each term, condition or parameter
violated shall constitute a separate and distinct offense.
Each day on which a violation occurs or continues to
occur shall constitute a separate and distinct offense.
B. In developing this Civil Penalty Assessment Policy,
the city considered the following factors:
(1) The damage to air, water, land or other natural
resources of this City and Commonwealth and their uses.
(2) Cost of restoration and abatement.
(3) Savings resulting to the person in consequence
of the violation.
(4) History of past violations.
(5) Deterrence of future violations.
(6) Harm and/or potential harm to the POTW and/or its
employees.
(7) Whether the violation resulted or could have resulted
in the POTW violating its NPDES permit.
(8) Whether the violation resulted or could have resulted
in the POTW violating any law or regulation affecting
its sludge disposal options.
132-90. Mandatory civil penalties.
A. Civil penalties shall be assessed against any industrial
user in significant noncompliance (hereinafter referred
to as "SNC") with any pretreatment standards
or requirements. The amount of the civil penalty shall
be calculated in accordance with 132-92, 132-93 and
132-94.
B. An industrial user is in significant noncompliance
if it meets one or more of the following criteria:
(1) If 33% or more of all samples taken for any single
parameter during a six-month period demonstrate exceedances,
by any amount, of the daily maximum effluent limitation
or the monthly average limitation.
(2) Monitoring for any parameter less than 66% of the
total sampling events required by the permit.
(3) Discharging without the required permit under the
wastewater control regulations.
(4) Any violation of any pretreatment effluent limit
that the department determines has caused, either alone
or in combination with any other discharges, interference
or pass-through.
(5) Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or the environment
or has resulted in the department's exercise of its
emergency authority.
(6) Violation by 45 days or more of the scheduled date
of compliance, with milestones for starting construction,
completing construction, attaining final compliance
or any other milestone event described in any compliance
schedule.
(7) Failure to provide any required reports such as
Baseline Monitoring Reports, ninety-day compliance reports,
periodic compliance reports, spill or slug discharge
reports, surcharge reports, responses to notices of
violation or notices of significant noncompliance, compliance
schedule reports, pretreatment facilities report or
any other report required by law or permit within 30
days after the report's due date.
(8) Failure to report noncompliance accurately.
(9) Any other violation or group of violations that
adversely affects the operation or implementation of
the local pretreatment program or, either alone or in
conjunction with any other discharge, causes harm to
the POTW.
132-91. Discretionary civil penalties.
A. Civil penalties are discretionary where an industrial
user's violation(s) of the pretreatment standards or
requirements do not constitute significant noncompliance
as defined in 132-90. In exercising its discretion as
to whether to assess civil penalties for these violations,
the city shall consider the following factors:
(1) Compliance history. The city shall examine the
industrial user's compliance history for the specific
term or condition now being violated as well as the
industrial user's compliance history with all other
pretreatment standards or requirements.
(2) Reasons for noncompliance.
(3) Magnitude of violation.
(4) Good faith compliance efforts. Good faith compliance
efforts consist of the following actions:
(a) Whether the industrial user properly notified the
city of the violation;
(b) Whether the industrial user responded to the notice
of violation within 15 days as required in the notice;
(c) The corrective actions the industrial user has
taken or will take to ensure a return to compliance;
(d) The timeliness of these corrective actions.
B. Where it is determined that a civil penalty should
be levied under this section, the amount of the civil
penalty shall be calculated in accordance with 132-92,
132-93 and 132-94.
132-92. Civil penalty.
A. The calculation of the civil penalty which shall
be assessed shall be in conformity with this section
and 132-93, Economic benefit of noncompliance, and 132-94,
Recovery of damages, costs and fines.
B. In this section, violations of pretreatment standards
or requirements are contained in Column I of the Civil
Penalty Grid.EN (See Footnote 1, immediately after the
Grid, for further explanation). Once the specific type
of violation has been identified in the Civil Penalty
Grid, the appropriate range of civil penalties for the
violation is selected from either Column II, III or
IV. (See Footnotes 2, 3 and 4 for further explanation
of the selection of civil penalty ranges). Once the
range of fines is selected, the precise civil penalty
within that range is determined by considering the factors
enumerated in Column V. (See Footnote 5 for further
explanation in applying the selection factors). Finally,
there are two exceptions to the general rules in using
this Civil Penalty Grid. (See Footnote 6 for further
explanation).
132-93. Economic benefit of noncompliance.
A. In all cases, the civil penalty.assessed shall exceed
the economic benefit of noncompliance gained by the
industrial user as a result of not complying with the
pretreatment standards or requirements. The economic
benefit of noncompliance is that amount of both capital
and operating funds saved by the industrial user by
either failing or delaying to install and/or operate
the necessary pretreatment to achieve compliance with
all pretreatment standards or requirements. The city
may use the Guidance Manual for POTW's to Calculate
the Economic Benefit of Noncompliance, United States
Environmental Protection Agency, September 5, 1990,
or any subsequent revision, to assist it in calculating
the economic benefit of noncompliance.
B. If a situation arises where the amount assessed
under the Civil Penalty Grid in 132-92 fails to exceed
the economic benefit of noncompliance, then the Civil
Penalty Grid shall not be used to determine the civil
penalty. Rather, the township shall set the civil penalty
by first calculating the economic benefit of noncompliance.
Next, the amount calculated to be the economic benefit
of noncompliance shall be increased by anywhere from
10% to 100%. This increased amount shall constitute
the civil penalty. (Simply assessing the economic benefit
of noncompliance fails to penalize the industrial user).
C. In determining the appropriate increase factor (anywhere
from 10% to 100%), the township shall consider the severity
of the violations, the reason for the violation and
how quickly the industrial user abates the violation.
132-94. Recovery of damages, costs and fines.
A. In all cases, the civil penalty shall, at a minimum,
be set so that it fully compensates the township for
any damage or injury to the POTW, its employees, the
POTW's sludge or the environment. Any and all costs
incurred by the city to correct or compensate for the
damage or injury shall also be fully recovered in the
civil penalty. Costs shall include but not be limited
to attorney's fees, court costs, court reporter fees
and other expenses associated with enforcement activities,
as well as all sampling and monitoring expenses related
to discovering, enforcing and maintaining the industrial
user's compliance. Where violation of the pretreatment
standards or requirements causes, either alone or in
conjunction with a discharge or discharges from other
sources, the township to violate any local, state or
federal law or regulation, and the township is fined
for this violation, the civil penalty assessed shall
fully reimbursed the township for the fine paid. If
a situation arises where the amount assessed under the
Civil Penalty Grid fails to fully compensate the township
for all damages, costs and fines, then the Civil Penalty
Grid shall not be used to determine the civil penalty.
Rather, the township shall set the civil penalty by
first calculating all damages, costs and fines to the
township resulting from the violation. Next, this amount
shall be increased by anywhere from 10% to 100%. This
increased amount shall constitute the civil penalty.
B. In determining the appropriate increase factory
(anywhere from 10% to 100%) the township shall consider
the extent and nature of the damage, its impact on the
POTW, the reasons for the violation and how quickly
the industrial user corrects the damage.
132-95. Civil penalty appeal.
The industrial user charged with the penalty shall
have 30 days to pay the proposed penalty in full or,
if the industrial user wishes to contest either the
amount.of the penalty or the fact of the violation,
the industrial user must file an appeal, as provided
for by law. Failure to appeal within this period shall
result in a waiver of all legal rights to contest the
violation or the amount of the penalty.
ARTICLE XVI, Applicability
132-96. Applicability of regulations.
These regulations shall apply to the township and to
persons outside the township who are, by contract or
agreement with the township, users of the POTW.
Part 5, Sewer Districts [Adopted 3-13-1997 by Ord.
No. 1774]
ARTICLE XVII, Meadowbrook Manor Woods Sewer District
132-97. District established.
There is hereby established a sewer district to be
known as the "Meadowbrook Manor Woods Sewer District"
(hereinafter "the district").
132-98. District defined.
The Meadowbrook Manor Woods Sewer District is hereby
defined as those 32 residential properties presently
existing on Briarcliff Road, Manor Avenue, Springhouse
Road and Valley Road, as set forth in Exhibit A, which
is attached hereto and made a part hereof.EN
132-99. Apportionment of costs.
The cost of constructing the sewer collection lines
and associated components necessary to serve the district
shall be apportioned between and assessed against the
properties in the district in accordance with Article
I of this chapter.
132-100. Recovery of costs.
The cost apportioned to and assessed against each property
in the district pursuant to 132-99, together with simple
interest as 6%, shall be payable over a fifteen-year
period in quarterly installments.
132-101. Annual rate or rental.
The owners of properties in the district connecting
with and using the township sanitary sewer system shall
pay an annual rate or rental in accordance with the
schedule of residential rates as adopted by the Township
Board of Commissioners. The schedule of rates is on
file at the Township Building.
132-102. Nonpayment; lien on property; collection.
In the event that any property owner in the district
shall fail to timely pay the amount specified in 132-100,
and such amount remains unpaid for a period of 30 days,
the entire cost apportioned to and assessed against
that property pursuant to 132-99 shall then become due
and payable, and the same shall constitute a lien on
the property, and the Township Solicitor shall proceed
to collect the same under the general laws relating
to the collection of municipal claims.
ARTICLE XVIII, Highland Avenue Sewer District [Added
7-10-1997 by Ord. No. 1979]
132-103. District created.
There is hereby established a sewer district to be
known as the "Highland Avenue Sewer District"
(hereinafter "the district").
132-104. District defined.
The Highland Avenue Sewer District is hereby defined
as those 14 residential properties presently existing
on Highland Avenue as set forth in Exhibit A, which
is attached hereto and made a part hereto and made a
part hereof.EN
132-105. Apportionment of costs.
The cost of constructing the sewer collection lines
and associated components necessary to serve the district
shall be apportioned between and assessed against the
properties in the district in accordance with Article
I of this chapter.
132-106. Recovery of costs.
The cost apportioned to and assessed against each property
in the district pursuant to 132-99, together with simple
interest as 6%, shall be payable over a fifteen-year
period in quarterly installments.
132-107. Annual rate or rental.
The owners of properties in the district connecting
with and using the township sanitary sewer system shall
pay an annual rate or rental in accordance with the
schedule of residential rates as adopted by the Township
Board of Commissioners. The schedule of rates is on
file at the Township Building.
132-108. Failure to pay.
In the event that any property owner in the district
shall fail to timely pay the amount specified in 132-106,
and such amount remains unpaid for a period of 30 days,
the entire cost apportioned to and assessed against
that property pursuant to 132-105 shall then become
due and payable, and the same shall constitute a lien
on the property, and the Township Solicitor shall proceed
to collect the same under the general laws relating
to the collection of municipal claims.
ARTICLE XIX, Revelation Road, Tallyho Road, Graham
Road Sewer District [Added 1-8-1998 by Ord. No. 1803]
132-109. District created.
There is here by established a sewer district to be
known as the "Revelation Road, Tallyho Road, Graham
Road Sewer District" (hereinafter "the district").
132-110. District defined.
The Revelation Road, Tallyho Road, Graham Road Sewer
District is hereby defined as those 39 residential properties
presently existing on Revelation Road, Tallyho Road
and Graham Road as set forth in Exhibit A, which is
attached hereto and made a part hereof.EN
132-111. Apportionment of costs.
The cost of constructing the sewer collection lines
and associated components necessary to serve the district
shall be apportioned between and assessed against the
properties in the district in accordance with Article
I of this chapter.
132-112. Recovery of costs.
The cost apportioned to and assessed against each property
in the district pursuant to 132-99, together with simple
interest as 6%, shall be payable over a fifteen-year
period in quarterly installments.
132-113. Annual rate or rental.
The owners of properties in the district connection
with and using the township sanitary sewer system shall
pay an annual rate or rental in accordance with the
schedule of residential rates as adopted by the Township
Board of Commissioners. The schedule of rates is on
file at the Township Building.
132-114. Failure to pay.
In the event that any property owner in the district
shall fail to timely pay the amount specified in 132-112,
and such amount remains unpaid for a period of 30 days,
the entire cost apportioned to and assessed against
that property pursuant to 132-111 shall then become
due and payable, and the same shall constitute a lien
on the property, and the Township Solicitor shall proceed
to collect the same under the general laws relating
to the collection of municipal claims.
ARTICLE XX, Pennock Woods Sewer District [Added 1-8-1998
by Ord. No. 1805]
132-115. District created.
There is hereby established a sewer district to be
known as the "Pennock Woods Sewer District"
(hereinafter "the district").
132-116. District defined.
The Pennock Woods Sewer District is hereby defined
as those 17 residential properties presently existing
on Revelation Road, Jaimison Lane, Sharpless Road, Washington
Lane, Herkness Drive, Stocton Road, Valley Road and
Deer Run as set forth in Exhibit A, which is attached
hereto and made a part hereof.EN
132-117. Apportionment of costs.
The cost of constructing the sewer collection lines
and associated components necessary to serve the district
shall be apportioned between and assessed against the
properties in the district in accordance with Article
I of this chapter.
132-118. Recovery of costs.
The cost apportioned to and assessed against each property
in the district pursuant to 132-99, together with simple
interest as 6%, shall be payable over a fifteen-year
period in quarterly installments.
132-119. Annual rate or rental.
The owners of properties in the district connecting
with and using the township sanitary sewer system shall
pay an annual rate or rental in accordance with the
schedule of residential rates as adopted by the Township
Board of Commissioners. The schedule of rates is on
file at the Township Building.
132-120. Failure to pay.
In the event that any property owner in the district
shall fail to timely pay the amount specified in 132-118,
and such amount remains unpaid for a period of 30 days,
the entire cost apportioned to and assessed against
that property pursuant to 132-117 shall then become
due and payable, and the same shall constitute a lien
on the property, and the Township Solicitor shall proceed
to collect the same under the general laws relating
to the collection of municipal claims.
ARTICLE XXI, Huntingdon Road Sewer District [Added
5-14-1998 by Ord. No. 1816]
132-121. District created.
There is hereby established a sewer district known
as the "Huntingdon Road Sewer District" (hereinafter
"the district").
132-122. District defined.
The Huntingdon Road Sewer District is hereby defined
as those 14 residential properties presently existing
on Huntingdon Road and Brook Road as set forth in Exhibit
A, which is attached hereto and made a part hereof.EN
132-123. Apportionment of costs.
The cost of constructing the sewer collection lines
and associated components necessary to serve the district
shall be apportioned between and assessed against the
properties in the district in accordance with Article
I of this chapter.
132-124. Recovery of costs.
The cost apportioned to and assessed against each property
in the district pursuant to 132-99, together with simple
interest as 6%, shall be payable over a fifteen-year
period in quarterly installments.
132-125. Annual rate or rental.
The owners of properties in the district connecting
with and using the township sanitary sewer system shall
pay an annual rate or rental in accordance with the
schedule of residential rates as adopted by the Township
Board of Commissioners. The schedule of rates is on
file at the Township Building.
132-126. Failure to pay.
In the event that any property owner in the district
shall fail to timely pay the amount specified in 132-124
and such amount remains unpaid for a period of 30 days,
the entire cost apportioned to and assessed against
that property pursuant to 132-123 shall then become
due and payable, and the same shall constitute a lien
on the property, and the Township Solicitor shall proceed
to collect the same under the general laws relating
to the collection of municipal claims.
ARTICLE XXII, Herbert Road Sewer District [Added 10-8-1998
by Ord. No. 1826]
132-127. District created.
There is hereby established a sewer district to be
known as the "Herbert Road Sewer District"
(hereinafter "the district").
132-128. District defined.
The Herbert Road Sewer District is hereby defined as
those seven residential properties presently existing
on Herbert Road Road as set forth in Exhibit A, which
is attached hereto and made a part hereof.EN
132-129. Apportionment of costs.
The cost of constructing the sewer collection lines
and associated components necessary to serve the district
shall be apportioned between and assessed against the
properties in the district in accordance with Article
I of this chapter.
132-130. Recovery of costs.
The cost apportioned to and assessed against each property
in the district pursuant to 132-129, together with simple
interest at 6%, shall be payable over a fifteen-year
period in quarterly installments.
132-131. Annual rate or rental.
The owners of properties in the District connecting
with and using the township sanitary sewer system shall
pay an annual rate or rental in accordance with the
schedule of residential rates as adopted by the Township
Board of Commissioners. The schedule of rates is on
file at the Township Building.
132-132. Failure to pay.
In the event that any property owner in the district
shall fail to timely pay the amount specified in 132-130,
and such amount remains unpaid for a period of 30 days,
the entire cost apportioned to and assessed against
that property pursuant to 132-129 shall then become
due and payable, and the same shall constitute a lien
on the property, and the Township Solicitor shall proceed
to collect the same under the general laws relating
to the collection of municipal claims.
ARTICLE XXIII, Huntingdon Valley Sewer District [Added
2-11-1999 by Ord. No. 1835]
132-133. District created.
There is hereby established a sewer district to be
known as the "Huntingdon Valley Sewer District"
(hereinafter "the district").
132-134. District defined.
The Huntingdon Valley Sewer Districts is hereby defined
as those 119 residential properties presently existing
on the streets listed as set forth in Exhibit A, which
is attached hereto and made a part hereof.EN
132-135. Apportionment of costs.
The cost of constructing the sewer collection lines
and associated components necessary to serve the district
shall be apportioned between and assessed against the
properties in the district in accordance with Article
I of this chapter.
132-136. Recovery of costs.
The cost apportioned to and assessed against each property
in the district pursuant to 132-135, together with simple
interest at 6%, shall be payable over a fifteen-year
period in quarterly installments.
132-137. Annual rate or rental.
The owners of properties in the district connecting
with and using the township sanitary sewer system shall
pay an annual rate or rental in accordance with the
schedule of residential rates as adopted by the Township
Board of Commissioners. The schedule of rates is on
file at the Township Building.
132-138. Failure to pay.
In the event that any property owner in the district
shall fail to timely pay the amount specified in 132-136,
and such amount remains unpaid for a period of 30 days,
the entire cost apportioned to and assessed against
that property pursuant to 132-135 shall then become
due and payable, and the same shall constitute a lien
on the property, and the Township Solicitor shall proceed
to collect the same under the general laws relating
to the collection of municipal claims.
ARTICLE XXIV, Rydal I Sewer District [Added 2-11-1999
by Ord. No. 1836]
132-139. District created.
There is hereby established a sewer district to be
known as the "Rydal I Sewer District" (hereinafter
"the district").
132-140. District defined.
The Rydal I Sewer District is hereby defined as those
99 residential properties presently existing on the
streets listed as set forth in Exhibit A, which is attached
hereto and made a part hereof.EN
132-141. Apportionment of costs.
The cost of constructing the sewer collection lines
and associated components necessary to serve the district
shall be apportioned between and assessed against the
properties in the district in accordance with Article
I of this chapter.
132-142. Recovery of costs.
The cost apportioned to and assessed against each property
in the district pursuant to 132-141, together with simple
interest at 6%, shall be payable over a fifteen-year
period in quarterly installments.
132-143. Annual rate or rental.
The owners of properties in the district connecting
with and using the township sanitary sewer system shall
pay an annual rate or rental in accordance with the
schedule of residential rates as adopted by the Township
Board of Commissioners. The schedule of rates is on
file at the Township Building.
132-144. Failure to pay.
In the event that any property owner in the district
shall fail to timely pay the amount specified in 132-142,
and such amount remains unpaid for a period of 30 days,
the entire cost apportioned to and assessed against
that property pursuant to 132-141 shall then become
due and payable, and the same shall constitute a lien
on the property, and the Township Solicitor shall proceed
to collect the same under the general laws relating
to the collection of municipal claims.
Township of Abington
Sewers and Sewage
Civil Penalty Grid
Column I II III IV V
Third Consecutive
SNC Notification or
Non-SNC Second Causes or Contributes
or First SNC Consecutive to Pass-Through-or Selection
Violations1 Notification2 SNC Notification3 Interference4
Factors5
1. Daily or hourly effluent limits $300 to $5,000 $5,000
to $15,000 $15,000 to $25,000 B, A, C, D
2. Monthly average effluent limits $300 to $9,000 $3,000
to $12,000 $12,000 to $25,000 B, A, C, D
3. Self-monitoring (sampling) $300 to $5,000 $5,000
to $15,000 $15,000 to $25,000 B, D, C
4. Reporting $300 to $1,000 $1,000 to $5,000 $5,000
to $25,000 B, D, C
5. Incomplete reporting $300 to $5,000 N/A N/A B, E,
D
6. Intentional falsification of reports or $25,000
N/A N/A N/A
data or knowingly rendering any
monitoring inaccurate
7. Spills or slug discharges $300 to $10,000 N/A $15,000
to $25,000 B, A, C, D
8. Unauthorized discharge $300 to $10,000 N/A $10,000
to $25,000 A, D
9. Compliance schedule completion dates $300 to $5,000
$5,000 to $15,000 $15,000 to $25,000 F, D
10. Dilution to meet effluent limits $300 to $25,000
N/A N/A B, D
11. Inadequate recordkeeping6 $300 to $5,000 $5,000
to $15,000 $15,000 to $25,000 B, D, E
12. Failure to admit authorized personnel6 $300 to
$10,000 $10,000 to $20,000 N/A D, B
13. Failure to notify of any substantial $300 to $10,000
N/A $10,000 to $25,000 B, A, C, D
change in volume or character of pollutants
in discharge [see 40 CFR 403.21(j)]
14. Failure to mitigate noncompliance $300 to $10,000
N/A $10,000 to $25,000 A, B, C, D
15. Improper disposal of $300 to $10,000 N/A $10,000
to $25,000 B, D
pretreatment
sludges and spent chemicals
16. Unauthorized bypass $300 to $10,000 N/A $10,000
to $25,000 C, A
NOTES:
N/A = Nonapplicable
Explanatory Footnotes
Footnote Number 1:
Column I contains a list of 16 categories of pretreatment
standard or requirement violations. These 16 categories
of violations should be all-inclusive, covering all
possible types of pretreatment standards or requirements
violations. If, however, a violation occurs which does
not fall within one of the 16 categories, then the civil
penalty for that violation shall be assessed in accordance
with the method used for assessing civil penalties for
violations of daily or hourly effluent limits.
The 16 categories of pretreatment standards or requirements
violations found in Column I are explained in greater
detail immediately below:
1. Daily or hourly effluent limits. This category consists
of violations of the effluent discharge limits for daily
or hourly discharges.
2. Monthly average effluent limits. This category addresses
violations of the monthly average effluent limits.
3. Self-monitoring (sampling). Permitted industrial
users must sample their effluent in accordance with
the terms and conditions of their wastewater discharge
permits. This category addresses violations of these
self-monitoring requirements. Examples of these violations
include, but are not limited to, the following:
0.1 Failure to sample for any required parameters.
0.2 Failure to follow proper sampling protocols.
0.3 Failure to sample at the appropriate point.
0.4 Failure to sample as frequently as required in
the wastewater discharge permit.
4. Reporting. The industrial user is subject to numerous
reporting and notification requirements. Failure to
provide any of these reports and notifications or providing
these reports and notifications in an untimely fashion,
is addressed in this category. These reports and notifications
include, but are not limited to, the following:
(a) Baseline monitoring reports.
(b) Ninety-day compliance reports [40 CFR 403.12(d)];
(c) Periodic compliance reports;
(d) Spill plans;
(e) Responses to notices of violations or notices of
significant noncompliance;
(f) Surcharge reports;
(g) Reports required pursuant to any compliance schedule,
administrative order or consent decree;
(h) Notification of spill or slug discharge; follow-up
written report within five days of spill or slug event.
(i) Reporting sampling noncompliance within twenty-four
(24) hours of becoming aware of violation; reporting
first sample result showing a return to compliance;
(j) Application for wastewater discharge permit or
late application.
(k) Hazardous waste notification pursuant to 40 CFR
403.12(p):
(l) Pretreatment facilities reports.
5. Incomplete reporting. In this category, reports
and notifications are timely submitted but contain errors
or omissions.
6. Intentional falsification of reports or data or
knowingly rendering any monitoring device or method
inaccurate. In this category, where the industrial user
has intentionally falsified reports or data, the maximum
penalty of $25,000 per falsification will be assessed.
Similarly, where the industrial user knowingly renders
any monitoring device or method inaccurate, this category
requires that the maximum penalty be assessed.
7. Spills or slug discharges. A spill or slug discharge
is any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or noncustomary
batch discharge. Violations as the result of spills
or slug discharges are addressed in this category.
8. Unauthorized discharge. This category includes three
types of violations. First, where an industrial user
required to have a permit discharges pollutants without
a wastewater discharge permit. Second, where an already
permitted industrial user is discharging pollutants
from a regulated process which has not been specifically
approved by the township and controlled by the user's
wastewater discharge permit. (Please note that each
pollutant discharged without a permit constitutes a
separate and distinct offense.) Third, any discharge
violating 132-61 of these regulations.
9. Compliance schedule completion dates. In administrative
orders and consent decrees, there will often appear
compliance schedules for returning the industrial user
to compliance. This category addresses violations of
the compliance schedule completion dates. (Please note
that where the administrative orders or consent decrees
contain stipulated penalties for violation of the compliance
schedule dates, the stipulated penalties contained therein
shall constitute the exclusive civil penalties available
for these violations. Therefore, in these cases, the
civil penalty grid will not be used.)
10. Dilution to meet effluent limits. This category
addresses the situation where the industrial user is
using dilution to achieve compliance with any effluent
limit.
11. Inadequate recordkeeping. This category includes
any violations of the pretreatment standards or requirements
involving recordkeeping and storage.
12. Failure to admit authorized personnel. This category
involves an industrial user's refusal to allow a township
representative ready access to a facility for purposes
of inspection, sampling, records examination and/or
copying or for the performance of any other duty.
13. Failure to notify of any substantial change in
the volume or character of pollutants in discharge [see
40 CFR 403.12(j)]. This category involves any violations
resulting from the industrial user's failure to comply
with the advance notification of changed discharge requirements
contained in 40 CFR 403.12(j).
14. Failure to mitigate noncompliance. An industrial
user has an obligation to mitigate its noncompliance.
Violation of this obligation is addressed in this category.
15. Improper disposal of pretreatment sludges and spent
chemicals. Industrial users must dispose of hazardous
sludges and spent chemicals in accordance with all applicable
laws including but not limited to the Clean Water Act
and the Resource Conservation and Recovery Act.
16. Unauthorized bypass. Industrial users processing
regulated waste streams through their pretreatment facilities
are prohibited from bypassing such pretreatment facilities
unless they notify the city in advance of any bypass
and obtain the township's prior written approval authorizing
such bypass.
Footnotes 2, 3 and 4:
After the category of violation has been identified,
there are several ranges of civil penalties which can
be assessed for the violation. Footnotes 2, 3 and 4
define the appropriate range to be selected.
(a) Footnote 2. Column II: Non-SNC or First SNC Notification.
If the violation does not rise to the level of significant
noncompliance (SNC) as defined in 132-90, the appropriate
fining range is therefore contained in Column II. If
the violation does constitute SNC as defined in 132-90
and this is the first time that the industrial user
has been notified that it is in SNC for that specific
standard or requirements, then the appropriate fining
range is again contained in Column II.
(b) Footnote 3. Column III: Second Consecutive SNC
Notification. This range of civil penalties applies
where the industrial user has received a second notice
of significant noncompliance for the same standard or
requirement in two consecutive six-month periods. Where
a notice of SNC is issued for any standard or requirement,
and there was no notice of SNC issues for the standard
or requirement in the previous six-month period, the
appropriate range reverts to Column II. If as the result
of the issuance of the first SNC notice, the industrial
user has been issued an Administrative Consent Order
or is subject to a Consent Decree and stipulated penalties
are contained therein, then the stipulated penalties
shall be the exclusive method for assessing future civil
penalties for as long as the stipulated penalty provision
remains in effect.
(c) Footnote 4. Column IV: Third Consecutive SNC Notification
or Causes or Contributes to Pass-Through or Interference.
This range of civil penalties applies in two situations.
First, where the industrial user has received a third
consecutive notice of SNC for the same standard or requirement.
Second, where the violation has caused or contributed
to pass-through or interference as defined in these-regulations
in 132-59A. Again, where an Administrative Consent Order
or Consent Decree provides for stipulated penalties,
the stipulated penalties shall be the exclusive method
for assessing future civil penalties for as long as
the stipulated penalty provision remains in effect.
Footnote 5:
Once the type of violation has been identified in Column
I and the appropriate range of civil penalties selected
from Columns II, III and IV, the precise civil penalty
within the appropriate range must be selected. Selection
of the precise civil penalty will be based on those
selection factors appropriate for each type of violation
which are found in Column V. The six selection factors
are lettered A though F as follows:
A. Severity of violation.
B. Specific compliance history.
C. General compliance history.
D. Reasons for violation.
E. Completeness.
F. Consent decree or administrative order.
Most violations found in Column I contain numerous
selection factors which must be considered in selecting
the precise civil penalty. The selection factors appropriate
for each violation are listed in their order of importance
and weight which should be given each factor. The first
factor listed should be given the greatest weight; and
second factor the second greatest weight, etc. Although
the relative weight given each factor is determined
by its order of listing, the absolute weight has not
been provided. This is because violations, and the circumstances
surrounding and causing them, are too different and
complex to be resolved in a mathematical formula. This
can only be determined on a case-by-case basis.
Selection Factors A though F are explained in greater
detail immediately below:
A. Severity of violation. This factor considers the
degree of severity of effluent violations in three different
ways. First, the frequency of violation should be considered.
Finally, the violations should be considered from a
total mass perspective.
B. Specific compliance history. This factor considers
whether and how often in the past the industrial user
has violated the parameter for which it is now being
fined.
C. General compliance history. This factor considers
the industrial user's present and past overall compliance
with all pretreatment standards or requirements.
D. Reasons for violation. Self-explanatory.
E. Completeness. For the violation categories "incomplete
reporting" and "inadequate recordkeeping,"
the level and/or degree of omissions and errors shall
be considered.
F. Consent decree or administrative order. For the
violation category "Compliance schedule completion
dates," the industrial user's past and present
history of compliance with the decree or administrative
order should be examined. Finally, although addressed
separately in 132-93 and 132-94, for all categories
of violations the economic benefit of noncompliance
and any damages, costs and fines must be recovered in
selecting the precise civil penalty within the appropriate
range.
Footnote 6:
For most violations, the appropriate range of penalties
is selected by the criteria discussed in Footnotes 2,
3 and 4. However, for the categories of "Inadequate
recordkeeping" and "Failure to admit personnel,"
the appropriate ranges are selected differently.
For these categories, the civil penalty range moves
from Column II to III if that industrial user has ever
in the past been cited for a violation in that category.
The violations do not need to rise to the level of SNC
nor do they need to occur in consecutive six-month periods.
Similarly, the civil penalty range moves to Column
IV for these two categories of violations if the industrial
user has been cited twice or more, at any time in the
past, for the same category of violation.
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