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Code of the Township of Abington                                    [ Back to Table of Contents ]

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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