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Home My WebLink AboutGreene Township Sewage Township of Greene, PA Quick ViewPage 1 of 54 Index Township of Greene, PA Search New Laws Print CHAPTER 63. PROPERTY HelpCHAPTER 73. SOLID WASTE MAINTENANCEMANAGEMENT This electronic version is provided for informational purposes only. For the official version please contact the municipality. Jump to Content CHAPTER 67. SEWERS ARTICLE I. Holding Tanks § 67-1. Purpose. § 67-2. Definitions. § 67-2.1. Rights and privileges granted. § 67-3. Rules and regulations. § 67-4. Rules and regulations to be in conformity with applicable law. § 67-5. Rates and charges. § 67-6. Exclusiveness of rights and privileges. § 67-7. Duties of improved property owner. § 67-8. Violations and penalties. § 67-9. Abatement of nuisances. ARTICLE II. Connections § 67-10. Definitions. § 67-11. Use of public sewer required. § 67-12. Sewage and waste to be conducted into sewers. § 67-13. Prohibited discharges. § 67-14. Privy vaults and septic tanks prohibited; abandonment. § 67-15. Prohibited sewer connections. § 67-16. Notice of connection requirement. § 67-17. Permit required for connection with or opening of sewers. § 67-18. Permit application. § 67-19. Conditions precedent to connection. § 67-20. Separate connections required. § 67-21. Costs and expenses of connection to be borne by owner; indemnification of Township and Authority. § 67-22. Manner and place of connection. § 67-23. Failure to connect; connection by Township; collection of costs. § 67-24. Continuation of existing house sewer lines. § 67-25. Inspection and covering of building sewers. § 67-26. Maintenance of building sewers. § 67-27. Guarding of excavations. § 67-28. Failure to remedy conditions. § 67-29. Adoption of additional rules and regulations. § 67-30. Violations and penalties. § 67-31. Administrative powers delegated. ARTICLE III. Individual Sewage Disposal Systems § 67-32. Title. § 67-33. Permit required. § 67-34. Permit application. § 67-35. Sewage Enforcement Officer. § 67-36. Review of permit application. § 67-37. Covering of systems. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 2 of 54 § 67-38. Hearings. § 67-39. Revocation of permit. § 67-40. Inspections and tests. § 67-41. Permit application fees; standards for consideration. § 67-42. Restraint of violations. § 67-43. Violations and penalties. ARTICLE IV. Industrial Discharges § 67-44. Purpose and policy. § 67-45. Definitions and word usage. § 67-46. Regulation of discharges to the sewer system. § 67-47. Violations and penalties. § 67-48. Remedies not exclusive. § 67-49. Administration of the industrial pretreatment program. § 67-50. Special agreements and/or waiver of pretreatment requirements. § 67-51. Local limits. ARTICLE V. On-Lot Sewage Systems § 67-52. Title and purpose. § 67-53. Definitions. § 67-54. Applicability. § 67-55. Sewage permit requirements. § 67-56. Ground markers. § 67-57. Replacement areas. § 67-58. Inspections. § 67-59. Operation. § 67-60. Maintenance. § 67-61. System rehabilitation. § 67-62. Liens. § 67-63. Disposal of septage. § 67-64. Administration. § 67-65. Appeals. § 67-66. Violations and penalties. ARTICLE VI. Septage and Sewage Sludge § 67-67. Title and purpose. § 67-68. Definitions. § 67-69. Hauler/applicator fee. § 67-70. Landowner recipient fee. § 67-71. Trusts. § 67-72. Fee payments. § 67-73. Continuing liability; construal of provisions. § 67-74. Violations and penalties. § 67-75. Responsibility of Township. § 67-76. Applicability of other provisions. Chapter 67. SEWERS [HISTORY: Adopted by the Board of Supervisors of the Township of Greene as indicated in article histories. Amendments noted where applicable.] Article I. Holding Tanks [Adopted 2-5-1974 by Ord. No. 1-1974] § 67-1. Purpose. The purpose of this article is to establish procedures for the use and maintenance of holding tanks designed to receive and retain sewage whether from residential or commercial uses, and it is hereby declared that the http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 3 of 54 enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township. § 67-2. Definitions. Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows: AUTHORITY Greene Township Municipal Authority, a Pennsylvania municipal authority. HOLDING TANK A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. Holding tanks include but are not limited to the following: A.CHEMICAL TOILET — A toilet using chemicals that discharge to a holding tank. B.RETENTION TANK — A holding tank where sewage is conveyed to it by a water-carrying system. C.VAULT PIT PRIVY — A holding tank designed to receive sewage where water under pressure is not available. IMPROVED PROPERTY Any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings and from which structure sewage shall or may be discharged. OWNER Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township. PERSON Any individual, partnership, company, association, corporation or other group or entity. SEWAGE Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings and any noxious or deleterious substance being harmful or inimical to the public health, or to animal or aquatic life or to the use of water for domestic water supply or for recreation. TOWNSHIP Greene Township, Franklin County, Pennsylvania. § 67-2.1. Rights and privileges granted. The Authority is hereby authorized and empowered to undertake within the Township the control and methods of holding tank sewage disposal and the collection and transportation thereof. § 67-3. Rules and regulations. The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein. § 67-4. Rules and regulations to be in conformity with applicable law. All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, all other ordinances of the Township, and all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania. § 67-5. Rates and charges. The Authority shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 4 of 54 § 67-6. Exclusiveness of rights and privileges. The collection and Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the Authority, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania. § 67-7. Duties of improved property owner. The owner of an improved property that utilizes a holding tank shall: A. Maintain the holding tank in conformance with this article or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania. B. Permit only the Authority or anyone acting under the direction of the Authority to collect, transport, and dispose of the contents therein. § 67-8. Violations and penalties. Any person who violates or Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. § 67-9. Abatement of nuisances. In addition to any other remedies provided in this article, any violation of § 67-8 above shall constitute a nuisance and may be abated by the municipality or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction. Article II. Connections [Adopted 11-7-1978 by Ord. No. 6-1978] § 67-10. Definitions. As used in this article, the following terms shall have the meanings indicated: AUTHORITY Greene Township Municipal Authority, a municipality authority of the commonwealth. BUILDING SEWER The extension from the sewage drainage system of any structure to the lateral of a sewer. COMMONWEALTH The Commonwealth of Pennsylvania. IMPROVED PROPERTY Any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged. INDUSTRIAL ESTABLISHMENT Any improved property located within this Township and used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 5 of 54 other improved property located within this Township, from which wastes, in addition to or other than sanitary sewage, shall be discharged. INDUSTRIAL WASTES Any and all wastes discharged from an industrial establishment, other than sanitary sewage. LATERAL That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to the property line or, if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer. OWNER Any person vested with ownership, legal or equitable, sole or partial, of any improved property. PERSON Any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority or other group or entity. SANITARY SEWAGE Normal water-carried household and toilet wastes from any improved property. SEWER Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes. SEWER SYSTEM All facilities, as of any particular time, for collecting, pumping, transmitting, treating and disposing of sanitary sewage and/or industrial wastes, situate in or adjacent to this Township and owned by the Authority. STREET Includes any street, road, lane, court, cul-de-sac, alley, public way or public square; and TOWNSHIP The Township of Greene, Franklin County, Pennsylvania, a municipal subdivision of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through the Authority, as its authorized representative, or by and through its other authorized representatives. § 67-11. Use of public sewer required. The owner of any improved property accessible to and whose principal building is within 150 feet from the sewer system shall connect such improved property with and shall use such sewer system, in such manner as this Township may require, within 60 days after notice to such owner from this Township to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time. § 67-12. Sewage and waste to be conducted into sewers. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 67-11, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time. § 67-13. Prohibited discharges. A. No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of § 67-11. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 6 of 54 B. No person shall discharge or shall permit to be discharged to any natural outlet within this Township any sanitary sewage or industrial wastes in violation of § 67-11 except where suitable treatment has been provided which is satisfactory to this Township. § 67-14. Privy vaults and septic tanks prohibited; abandonment. A. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under § 67-11 to be connected to a sewer. B. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Township, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of this Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Township, not cleansed and filled, shall constitute a nuisance, and such nuisance may be abated, as provided by law, at the expense of the owner of such improved property. § 67-15. Prohibited sewer connections. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer. § 67-16. Notice of connection requirement. The notice by this Township to make a connection to a sewer, referred to in § 67-11, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days after the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be given or served upon the owner in accordance with law. § 67-17. Permit required for connection with or opening of sewers. No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this Township. § 67-18. Permit application. Application for a permit required under § 67-17 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner. § 67-19. Conditions precedent to connection. No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions: A. Such person shall have notified this Township of the desire and intention to connect such improved property to a sewer; B. Such person shall have applied for and shall have obtained a permit as required by § 67-17; C. Such person shall have given this Township at least 24 hours' notice of the time when such connection will be made so that this Township may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing; and D. If applicable, such person shall have furnished satisfactory evidence to this Township that any tapping (or connection) fee which may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a sewer has been paid. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 7 of 54 § 67-20. Separate connections required. Except as otherwise provided in this section, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this Township, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Township. § 67-21. Costs and expenses of connection to be borne by owner; indemnification of Township and Authority. All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless this Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer. § 67-22. Manner and place of connection. A. A building sewer shall be connected to a sewer at the place designated by this Township or by the Authority and where, if applicable, the lateral is provided. B. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight. § 67-23. Failure to connect; connection by Township; collection of costs. If the owner of any improved property located within this Township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from this Township, in accordance with § 67-11, shall fail to connect such improved property, as required, this Township may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law. § 67-24. Continuation of existing house sewer lines. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer. § 67-25. Inspection and covering of building sewers. No building sewer shall be covered until it has been inspected and approved by this Township. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to a sewer. § 67-26. Maintenance of building sewers. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property. § 67-27. Guarding of excavations. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Township. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 8 of 54 § 67-28. Failure to remedy conditions. If any person shall fail or shall refuse, upon receipt of a notice of this Township or the Authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 60 days of receipt of such notice, this Township or the Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Township and the Authority. § 67-29. Adoption of additional rules and regulations. This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and with the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article. § 67-30. Violations and penalties. Any person who violates or Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. Editor's Note: Former § 5.02, regarding failure to pay fines and costs, as amended 6-1-1982 by Ord. No. 1-1982, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Such provisions are now covered by this § 67-30. § 67-31. Administrative powers delegated. This Township hereby delegates to the Authority, as the Township's administrative agent, the power to administer and to execute provisions of this article; provided, however, that those actions contemplated hereunder which are legislative in character and which related to enforcement of provisions of § 67-30 hereof are reserved to the Board of Supervisors the Township. Article III. Individual Sewage Disposal Systems [Adopted 3-15-1988 by Ord. No. 1-1988] § 67-32. Title. This article shall be known and may be cited as the "Greene Township Sanitation Ordinance." § 67-33. Permit required. No person shall install an Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). individual sewage disposal system or construct any building in which an individual sewage disposal system is to be installed or make major alterations to an existing system without first obtaining a permit indicating that the site and plans and specifications of such system are in compliance with this article and the standards and regulations of the Commonwealth of Pennsylvania, Department of Environmental Protection. This article shall apply without regard to the area or size of the real property on which the said individual sewage disposal system is to be constructed. § 67-34. Permit application. Application for the permit shall be submitted in writing to Greene Township on forms supplied by Greene Township. The application shall then be submitted to the Township's Sewage Enforcement Officer. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 9 of 54 § 67-35. Sewage Enforcement Officer. The Board of Supervisors of Greene Township shall, by resolution, designate a Sewage Enforcement Officer who shall serve at the pleasure of the said Board of Supervisors. Fees for such services to be agreed upon from time to time by the Officer and the Supervisors. § 67-36. Review of permit application. The Sewage Enforcement Officer, upon consideration of the application for permit and sewage facility plans, shall within seven days after receiving the application for said permit, issue said permit or deny a permit. Denial of the permit shall be supported by a statement, in writing, of the reasons for such action. In the event that the data submitted by the applicant is incomplete, the applicant will be so notified within seven days, and the time for acting upon the said permit shall be extended for 15 days beyond the date of submission of adequate supplementary or amendatory data. § 67-37. Covering of systems. No system or structure designed to provide individual sewage disposal to any realty improvement shall be covered from view until approval to cover the same has been given by the Sewage Enforcement Officer. If 48 hours have elapsed, excepting Sundays and holidays, since the Sewage Enforcement Officer received notification of completion of construction, the applicant may cover said system or structure unless permission has been refused by the Sewage Enforcement Officer. § 67-38. Hearings. In case any permit is denied or revoked, a hearing shall be held thereon before the Board of Supervisors of Greene Township within 15 days after request therefor is made by the applicant. Within seven days following the date of such hearing, the applicant shall be notified, in writing, of the determination of said hearing. § 67-39. Revocation of permit. In the event that the Sewage Enforcement Officer determines that any change has occurred in the physical condition of any land of a realty improvement which will materially affect the operation of the individual sewage disposal system covered by the permit, the permit shall be revoked and a new permit shall be obtained before construction shall proceed, provided that the new permit fee may be waived at the discretion of the Supervisors if a second permit is applied for within 30 days after the first permit shall be issued. § 67-40. Inspections and tests. The Sewage Enforcement Officer shall have the power to make, or cause to be made, such inspections and tests as may be necessary to carry out the provisions of this article and shall have the right to enter upon such lands for such purposes. § 67-41. Permit application fees; standards for consideration. A. A permit fee as determined by Supervisors from time to time shall be paid at the time of application for a permit. Fees for inspection of its data with respect to said permit and for the inspection of the premises before the system shall also be agreed upon from time to time by the Officer and the Supervisors. A copy of above mentioned fee schedule may be obtained at the Township Office. B. Each application for a permit shall be considered by the Sewage Enforcement Officer. His decision with respect to issuing the said permit or denying the said permit shall be based upon the following standards: (1) The standards Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). and regulations of the Pennsylvania Department of Environmental Protection; (2) The likelihood of the said sewage disposal system discharging waste into surface or subsurface water systems; http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 10 of 54 (3) The capability of the individual sewage disposal system to treat and purify sewage discharges; (4) The soil conditions, including percolation, evaporation and any and all other soil conditions which might effect the sewage system; (5) The available space for a suitable disposal system; (6) The availability of public or private sewage disposal systems in the vicinity. § 67-42. Restraint of violations. The Board of Supervisors of Greene Township shall have the power to institute in the Court of Common Pleas of Franklin County proceedings to restrain the violation of this article. § 67-43. Violations and penalties. Any person who violates or Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. Article IV. Industrial Discharges [Adopted 3-14-1995 by Ord. No. 1-1995] § 67-44. Purpose and policy. A. Purpose. This article sets forth the following uniform requirements for users of the sewer system and enables the Township to regulate the use of the sewer system and to comply with the requirements of the Clean Water Act and other applicable state and national laws and regulations: (1) Requirements regulating the introduction of wastewater into the sewer system by all users. (2) Establishing an industrial pretreatment program to monitor and control the discharge of industrial wastes. B. Objectives. The objectives of this article are: (1) To prevent the introduction of pollutants into the sewer system that will cause interference, increase the difficulty or costs of operation of the collection system or the sewage treatment plant, or reduce the efficiency or effectiveness of the collection system or sewage treatment plant; (2) To prevent pass-through of pollutants, inadequately treated, to the environment; (3) To protect workers and the general public from exposure to toxic or other dangerous substances; (4) To protect the sewer system from damage; (5) To improve the opportunity to recycle or reclaim wastewater or sludge; (6) To provide for the equitable distribution of the cost of the operation, administration and enforcement of the industrial pretreatment program; and (7) To enable the Township and the Borough of Chambersburg to comply with all applicable state and national laws, rules and regulations, including NPDES permit conditions, sludge use and disposal http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 11 of 54 requirements, air quality standards, and water quality standards and to take such additional steps as they deem appropriate. (8) To comply with the requirements of an agreement between the Township and the Borough of Chambersburg in which the Township covenants to adopt and enforce an ordinance establishing an industrial pretreatment program and designating the borough as an agent of the Township for the purposes of administering the provisions of the ordinance. C. Reservation of rights. Notwithstanding any other provision to the contrary, nothing in the ordinance shall be deemed to be a legally binding commitment under the Clean Water Act, 33 U.S.C. § 1251 et seq., the Clean Streams Law, 35 P.S. § 691.1 et seq., and applicable regulations (e.g., 40 CFR Part 403, Title 25 Pa. Code) for the Township to undertake pretreatment implementation or enforcement activities beyond the minimum otherwise required by these laws and regulations. Township implementation of pretreatment provisions for significant industrial users will be reflected in a wastewater discharge permit, special agreement and/or waiver, as applicable, as provided for by § 67-50 and § 67-46, Subsection C(2) of this article. Nevertheless, the Township maintains discretionary authority to undertake pretreatment activities beyond the minimum required. [Amended 7-11-1995 by Ord. No. 95-2] § 67-45. Definitions and word usage. A. The following words, terms and phrases will hereinafter have the meanings set forth in this section, unless the context clearly requires a different meaning: ACT or THE ACT The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. APPROVAL AUTHORITY The Regional Administrator of Region III of the EPA. AUTHORIZED REPRESENTATIVE (OF INDUSTRIAL USER) An authorized representative of an industrial user may be: (1) A principal executive officer of at least the level of president, secretary, treasurer, or vice-president in charge of a principal business function, or any other person who performs similar policy- or decision- making function, if the industrial user is a corporation; (2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) A principal executive officer or director having responsibility for the overall operation of the discharging facility or a ranking elected official if the industrial user is a governmental entity, charitable organization or other such unincorporated entity; (4) A duly authorized representative of the individual designated above in Subsection (1), (2) or (3) if such representative, by name or position, is: (a) Identified in writing submitted to the Pretreatment Coordinator; and (b) Either: [1] Is responsible for the overall operation of the facilities from which the discharge originates; or [2] Has overall responsibility for environmental matters for the company. (5) If an authorization under Subsection (4) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of Subsection (4) of this definition must be submitted to the Township prior to or together with any reports to be signed by an authorized representative. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 12 of 54 BIOCHEMICAL OXYGEN DEMAND (BOD) The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20º C. (64º F.), expressed in terms of weight and concentration [milligrams per liter (mg/l)]. BOROUGH The Borough of Chambersburg, Franklin County Pennsylvania, a municipal corporation existing under the laws of the Commonwealth of Pennsylvania, and the Mayor and Town Council thereof, its agents and officials. BUILDING SEWER A sanitary sewer conveying wastewater from the premises of a user to the sewer system. BYPASS The intentional diversion of wastewater from any portion of an industrial user's pretreatment facility. CATEGORICAL INDUSTRIAL USER An industrial user subject to categorical standards. CATEGORICAL STANDARDS National categorical pretreatment standards. CERTIFIED PROFESSIONAL A registered professional engineer under the laws of the state. CHAIN OF CUSTODY A record of sample collection indicating the place, date and time of collection and the person collecting the sample. It also includes a record of each person involved in possession of the sample, including the laboratory person who takes final possession of the sample for the purpose of analysis. CLEAN STREAMS LAW The Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. §§ 691.1 to 691.702. COLOR Color of light transmitted through a waste after removal of all suspended matter including pseudo- colloidal particles, and measured in platinum-cobalt units. COMBINED WASTE FORMULA A procedure for calculating discharge concentrations of constituents of industrial waste, as defined in 40 CFR § 403.6(e). COMPLIANCE Adherence to conditions or requirements of this article or the industrial pretreatment program, any written directions issued by the Township, or any wastewater discharge permit or other permit issued under the provisions of this article. COMPOSITE SAMPLE A sample composed of individual subsamples taken at regular intervals over a specified period of time. Subsamples may be proportioned by time interval or size according to flow (flow-proportioned composite sample), or be of equal size and taken at equal time intervals (equal-time composite sample). A composite grab sample is composed of individual grab samples collected and preserved individually and combined for analysis only at the time of analysis. DAILY MAXIMUM The highest value obtained for samples collected in any calendar day. When used in a limit, the daily maximum is the highest value allowed in any composite sample, or the maximum value allowed as an average of one or more grab samples taken during a calendar day. The daily maximum may also be expressed as the maximum mass allowed to be discharged during any one calendar day. DISCHARGE The conveyance of any water or wastewater into the sewer system, including the delivery of water or wastewater by truck. DOMESTIC WASTES Normal household wastes from kitchens, water closets, lavatories and laundries, or any waste from a similar source and possessing the same characteristics. ENFORCEMENT RESPONSE PLAN A plan and guide developed pursuant to 40 CFR § 403.8(f)(5) providing for the enforcement of the industrial pretreatment program. 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. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 13 of 54 EXISTING SOURCE Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical standards, which categorical standards will be applicable to such source if the Categorical Standard is thereafter promulgated in accordance with Section 307 of the Act. GARBAGE Solid or semisolid wastes resulting from preparation, cooking, and dispensing of food, and from handling storage and sale of produce. GRAB SAMPLE A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and within a period of 15 minutes or less. GROUNDWATER Water which is contained in or passing through the ground. HOLDING TANK WASTE The liquid and/or solid material from a septic tank, cesspool or similar domestic waste treatment or containment system, or waste from holding tanks such as those found in vessels, chemical toilets, campers, or house trailers. INDUSTRIAL PRETREATMENT PROGRAM The sum of the provisions of this article, amendments thereto, and any activities authorized by this article as regards the regulation and control of industrial users to the extent required by the federal minimum pretreatment regulations set forth in 40 CFR Part 403. INDUSTRIAL USER Any person who discharges industrial waste into the sewer system. INDUSTRIAL WASTE Any solid, liquid or gaseous substance, or form of energy, which is produced as a result, whether directly or indirectly, of any industrial, manufacturing, trade or business process or activity, or in the course of developing, recovering or processing of natural resources and which is discharged into the sewer system; but not noncontact cooling water or sanitary sewage. Any wastewater which contains industrial waste and which is discharged from an industrial, manufacturing, trade or business premises is considered industrial waste for the purposes of this article. INFECTIOUS WASTE Any substance which is discharged, and which consists of or is contaminated by pathogens or other etiologic agents, and which has not been sterilized, neutralized, or otherwise rendered harmless. Infectious waste includes but is not limited to: contaminated blood, blood products or other bodily fluids (excepting excreta discharged by normal bodily functions); wastes, including excreta, from patient isolation areas; laboratory samples or test materials; animal wastes and bedding; body parts; pathology and autopsy wastes; and glassware, hypodermic needles, surgical instruments and other sharps. INTERFERENCE The condition in which a discharge, alone or in conjunction with discharges from other sources: (1) Inhibits or disrupts the processes or operations of the sewage treatment plant or the sewage collection system, or the processing, use or disposal of sludge; or (2) Is a cause of a violation of any requirement of the borough'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, or which results in or increases the severity of a violation of other state or national environmental statutes, rules or regulations. LOCAL LIMITS Numerical limitations on the concentration, mass or other characteristics of wastes or pollutants discharged, or likely to be discharged, by industrial users, and which are developed by the Township or the borough. MANHOLE http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 14 of 54 A structure allowing access from the surface of the ground to a sewer. Mg/l Milligrams per liter; a measure of concentration of waterborne substances. MONTHLY AVERAGE The arithmetic mean of all daily determinations of concentration made during a calendar month. NATIONAL CATEGORICAL PRETREATMENT STANDARD Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users. National categorical pretreatment standards are enumerated in 40 CFR, Chapter I, Subchapter N, Parts 405 et seq. NEW SOURCE Any building, structure, facility, or other source from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical standards under Section 307(c) of the Act which will be applicable to such source if such categorical standards are thereafter promulgated in accordance with that section. Determination of the applicability of new source standards shall be made as provided in the Act and 40 CFR § 403.3. NONCOMPLIANCE Not in compliance. NONCONTACT COOLING WATER The water from any use such as air conditioning, cooling or refrigeration, which does not come into contact with any raw material, product, by-product or waste, and to which the only pollutant added is heat. NORMAL PRODUCTION DAY For the purposes of sampling wastewater, a normal production day is that period of time during which wastewater is discharged and production, cleanup, and other activities that normally produce wastewater or industrial waste are occurring. If a sample is specified to be collected during a normal production day, it should not include aliquots taken during low wastestream flow periods that are not representative of normal activities, or during times when wastewater is not being discharged. NPDES PERMIT A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342). OPERATOR Any person having charge, care, control or management of a pretreatment facility for industrial wastes or of a truck or trucks used in the removal, transport or disposal of wastewater or industrial wastes. ORDINANCE (THIS ORDINANCE) Refers to this article. OWNER Any person vested with ownership, legal or equitable, sole or partial, of an improved property or facility. PASS-THROUGH Discharge of pollutants which exits the POTW to the waters of the state and, either alone or in conjunction with other discharges, causes a violation of the borough's NPDES permit or an increase in the magnitude or duration of any such violation; or the concentration of pollutants in the sludge so that the end use of the sludge causes or contributes to pollution, harm to the environment, or a violation of any state or national sludge disposal regulation, guideline or standard. 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 substance, including but not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, medical wastes, backwash from water http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 15 of 54 filtration and industrial, municipal, and agricultural waste; or having certain characteristics such as biochemical oxygen demand, color, pH or toxicity. POLLUTION The contamination of any waters of the state such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life; or contamination of the air, soil, or of the environment so as to produce or is likely to produce similar deleterious effects. POTW A publicly owned treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292). The term includes the sewage collection system and the sewage treatment plant. PRETREATMENT The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes, or by means of other process changes except as prohibited by 40 CFR § 403.6 (d). PRETREATMENT COORDINATOR Person designated to administer the provisions of the industrial pretreatment program. The Pretreatment Coordinator appointed by the Borough of Chambersburg shall be automatically assigned as the Pretreatment Coordinator of the Township. PRETREATMENT REQUIREMENTS Any substantive or procedural requirement, other than a categorical standard, imposed on an industrial user by Section 307(b) and (c) of the Act, the state or the industrial pretreatment program. PROHIBITED DISCHARGE Any Discharge which is prohibited under § 67-46A(3) of this article. PROHIBITIVE DISCHARGE STANDARD Any regulation developed under Section 307(b) and (c) of the Act (33 U.S.C. § 1317), including prohibitive discharge limits under 40 CFR § 403.5. Prohibitive discharge standards are included in the list of prohibited discharges in § 67-46A(3) of this article. QUALIFIED ANALYST Any person who has demonstrated competency in the analysis of wastewater by submission of their generally recognized documentation of competency to the Township or who is normally employed in the capacity of analyst by a professional analytical laboratory. REFRIGERATION Maintenance of temperature for storage, preservation of food, or as a process of manufacturing. SANITARY SEWAGE The normal water-carried domestic wastes from any improved property, but excluding: effluent from septic tanks or cesspools; rain, snow or stormwater; groundwater; or other collected water from roofs, drains or basements. SANITARY SEWER A sewer designed and constructed primarily for carrying sanitary sewage or industrial wastes — not storm, surface or ground waters. SEWAGE COLLECTION SYSTEM All facilities of the Township or any municipality party to a service agreement with the borough, as of any particular time, used or usable for collecting, transporting, pumping and disposing of wastewater, which facilities are connected to and served by the sewage treatment plant. SEWAGE TREATMENT PLANT That portion of the sewer system owned and operated by the borough, which is designed to provide treatment of wastewater and discharge of treated effluent to the environment. SEWER A pipe or conduit for conveying wastewater or stormwater. SEWER SYSTEM The sewage collection system, sewage treatment plant, and any sewers that convey wastewater to the sewage treatment plant. For the purposes of this article, "sewer system" shall also include any sewers that convey wastewater to the sewage treatment plant from persons who are users of the sewer system. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 16 of 54 SIGNIFICANT INDUSTRIAL USER Except as provided by 40 CFR § 403.3(t)(2), an industrial user who: (1) Has a discharge flow of 25,000 gallons or more of industrial waste per average workday; (2) Discharges industrial waste which makes up 5% or more of the average dry weather organic capacity of the sewage treatment plant; (3) Is regulated by categorical standards; or (4) Is determined by the Township or the borough to have the reasonable potential of adversely affecting the operation of the POTW, causing interference or pass-through, or of violating any pretreatment requirement. SIGNIFICANT NONCOMPLIANCE A noncompliance which meets or exceeds standards of significant noncompliance determined by the Township and contained in § 67-46D(11) of this article. SIGNIFICANT VIOLATOR Any industrial user in significant noncompliance. SLUG or SLUG LOAD Any prohibited discharge. SPILL Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, or the control or cleanup activities associated with such an occurrence; an accidental spill may result from the spilling, overflowing, rupture, or leakage of any storage, process or transfer container. SPCC PLAN A spill prevention, control and countermeasure plan prepared by an industrial user to minimize the likelihood and intensity of a slug load or spill and to expedite control and cleanup activities should a slug load or spill occur. 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. STATE Commonwealth of Pennsylvania. STORM SEWER A sewer designed and constructed primarily for the purpose of carrying stormwater, not sanitary sewage or industrial wastes. Storm sewers are not part of the sewage collection system. STORMWATER Any flow of water 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. SUPERINTENDENT The Superintendent of the Water and Sewer Department of the borough, or his duly authorized representative. TOTAL SOLIDS The sum of the dissolved and undissolved solid constituents of water or wastewater. TOTAL TOXIC ORGANICS The sum of all quantifiable values of various organic pollutants as determined by the Township, or, for certain categorical industrial users, as defined in the applicable categorical standard. TOWNSHIP The Township of Greene, Franklin County Pennsylvania, a municipal corporation existing under the laws of the Commonwealth of Pennsylvania, or its duly authorized agent. TOXIC ORGANIC MANAGEMENT PLAN A plan submitted in lieu of testing for total toxic organics in which an industrial user specifies methods of control to assure that total toxic organics do not routinely enter the sewer system. TOXIC POLLUTANTS http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 17 of 54 Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of Section 307(a) of the Act or identified in sludge regulations under Section 405(d) of the Clean Water Act which is applicable to the Chambersburg POTW sludge. UNAUTHORIZED DISCHARGE Discharge of an unauthorized waste, or a discharge which otherwise is not in compliance with the requirements of the industrial pretreatment program, this article, or other rules or regulations of the Township. UNAUTHORIZED WASTE Any substance which is discharged into the sewage collection system which is not in compliance with the provisions of the industrial pretreatment program, or which is discharged by a person in violation of any of the provisions of this article. USER Any person who contributes, causes or permits the discharge of wastewater into the sewer system. WASTEWATER Industrial wastes or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which enters the sewer system. WASTEWATER DISCHARGE PERMIT As set forth in § 67-46C of this article. WATERS OF THE STATE 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 state or any portion thereof. B. Word usage. "Shall" is mandatory; "may" is permissive. § 67-46. Regulation of discharges to the sewer system. A. Regulated discharges. (1) Discharge of stormwaters. No person shall discharge or cause or permit to be discharged any stormwater, surface water, groundwater, roof water, subsurface drainage, building foundation drainage or stormwater from pavements and area ways into any sanitary sewer. (2) Storm sewers. (Reserved) (3) Prohibited discharges. No user shall discharge or cause to be discharged, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewer system. These general prohibitions apply to all users, whether or not the users are subject to categorical standards or any other pretreatment requirements. No user may discharge any of the following substances to the sewer system: (a) 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 be injurious in any other way to the sewer system or to the operation of the sewer system. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. At no time shall the closed-cup flashpoint of the discharged wastewater be less than 140º F. (60º C.) using the test methods specified in 40 CFR § 261.21. Prohibited materials include but are not limited to the following substances in concentrations which cause exceedance of the above standard: gasoline, kerosene, naphtha, benzene, ethers, alcohols, peroxides, chlorates, perchlorates, bromates, and carbides. (b) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the sewer system, such as but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 18 of 54 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, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. (c) Any wastewater having a pH less than 6.0 or higher than 10.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the sewer system. (d) Any wastewater containing pollutants in sufficient quantity, either singly or by interaction with other constituents of the wastewater, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the sewage treatment plant, or to exceed the limitation set forth in an applicable categorical standard. (e) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other substances present in the sewer system are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewer system for maintenance and repair. (f) Any substance which results in the formation or release of toxic gases, vapors or fumes in a quantity that may cause acute worker health and safety problems. (g) Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through, but in no case exceeding 20 mg/l. (h) Oil and grease (hexane extractable material by n-hexane extraction and gravimetry USEPA Method 1664, Rev. A) in amounts which exceed 100 mg/l. [Amended 7-9-2002 by Ord. No. 2002-5] (i) Any substance which may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the sewer system cause the sewage treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Clean Water Act, Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used. (j) Any substance which will cause the borough to violate its NPDES and/or State Water Quality Management Permit or applicable receiving water quality standards. (k) Any wastewater with objectionable color which will pass through the treatment plant or which will cause or contribute to pollution, such as but not limited to dye wastes and vegetable tanning solutions. (l) Any wastewater having a temperature which will inhibit biological activity in the sewage treatment plant resulting in interference, but in no case wastewater with a temperature at the discharge into the sewer system which exceeds 40º C. (104º F.). (m) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the sewage treatment plant or interfere with the operation of the sewer system. (n) Wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Township or the borough or applicable state or national standards, cause interference, or otherwise adversely impact the POTW or cause or contribute to pollution. (o) Any trucked or hauled wastewater or pollutants at any point within the Township. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 19 of 54 (p) Any wastewater which is incompatible with treatment processes in use at the sewage treatment plant so as to cause interference or pass-through. (q) Any wastewater containing any compounds or salts of aldrin, dieldrin, endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxyproprionic acid, or other persistent herbicides, pesticides or rodenticides. (r) Any infectious waste. (4) Unauthorized discharges. Except as otherwise provided in § 67-50 of this article, discharge of any prohibited substance listed under Subsection A(3) of this section shall be considered an unauthorized discharge and the Township may take whatever steps are necessary to halt such a discharge, as set forth in § 67-46D of this article. (5) Categorical standards. If the categorical standards for a particular industrial user are more stringent than local limits or other requirements imposed under this article, then the categorical standards shall apply. The National Categorical Pretreatment Standards as set forth in 40 CFR Parts 405 et seq. are hereby incorporated into the industrial pretreatment program as program requirements for those industrial users subject to such categorical standards. (6) State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than national requirements and limitations or those established under this article. (7) Local limits. The Township may establish, and review from time to time, local limits regulating the discharge of specific pollutants by industrial users. Local limits developed to prevent pass-through or interference, or to implement prohibitive discharge standards, shall be approved by the approval authority. (a) Local limits may be established for any substance which is discharged, or is likely to be discharged, to the sewer system. (b) Local limits may limit concentration, mass, or a combination of the two. (c) The procedure for the calculation of local limits may be as recommended by the approval authority or otherwise considered appropriate by the borough. (d) Local limits shall be calculated for pollutants, as deemed necessary, to prevent interference and pass-through. In addition, local limits may be calculated to prevent the discharge of toxic materials in toxic amounts; threats to worker health and safety; and physical, chemical or biological damage to the sewer system. (e) Local limits are applicable to all significant industrial users and may be included in wastewater discharge permits. Local limits may be applied to other industrial users if deemed appropriate by the Township. (f) Discharging any pollutant in excess of a local limit established for that pollutant shall constitute an unauthorized discharge. (8) Prohibition on dilution. Except where expressly authorized to do so by an applicable categorical standard or pretreatment requirement, no industrial user shall, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in applicable categorical standards, or in any other pollutant-specific limitation, including local limits, developed by the Township or state. (9) Slug loads and spills. Each industrial user shall provide protection from spills or accidental discharges that result in unauthorized discharges or slug load discharges. Facilities to prevent spills and slug loads shall be provided and maintained at the owner or industrial user's own cost and expense. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 20 of 54 (a) Notification. In the case of a spill or slug load or other unauthorized discharge, it is the responsibility of the industrial user to immediately telephone and notify the Superintendent of the incident. The notification shall include location of discharge, type of waste, concentration and volume, corrective actions being taken or planned, and expected duration. (b) Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a spill or other unauthorized discharge. Employers shall insure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. (c) Written notice. Within five days following a spill, slug load, or other unauthorized discharge, the industrial user shall submit to the Township a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sewer system, fish kills, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this article or applicable law. This notice requirement may be waived by the Township for an industrial user which is not required to submit a plan under Subsection D below. (d) SPCC plans. All existing significant industrial users shall complete and obtain approval of a spill prevention control and countermeasure (SPCC) plan, or provide acceptable evidence that such a plan is not necessary for their facility. No significant industrial user who commences discharge to the sewer system after the effective date of this article shall be permitted to introduce pollutants into the sewer system until this requirement has been fulfilled. The Township, at its discretion, may require an SPCC plan for any other industrial user. Plans for significant industrial users shall, at a minimum, contain the elements specified in 40 CFR § 403.8(f)(2)(v)(A) through (D). SPCC plans shall be submitted to the Township for review, and shall be approved by the Township before implementation of the plan or construction of any required facilities. Review and approval of such plans, facilities and operating procedures by the Township shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of the industrial pretreatment program. (10) Drainage of water filtration systems. Discharge of filter backwash water to the sewer system shall be regulated as follows: (a) Granular media filter backwash water may be discharged to the sewer system, subject to all of the applicable provisions of this article. (b) Diatomaceous earth filter backwash, if discharged to the sewer system, shall be connected to the sewer system through settling tanks with no less than three months' storage capacity of spent diatomaceous earth, which shall be accessible for removing solid waste for disposal. (11) Trucked and hauled wastes. No discharge of trucked or hauled wastes to the Township sewer system shall be allowed and no holding tank waste shall be discharged into the Township sewer system. (12) Grease and sand traps. (a) Grease, oil and sand interceptors or traps shall be provided by a user when the Township determines that such devices are necessary for the proper handling of wastewaters containing greases, oils or settleable solids. Interceptors and traps shall be installed, operated, maintained and cleaned properly, so that they will consistently remove the grease, oil or settleable solids. Interceptors and traps shall be properly designed to accommodate the maximum flow rate expected to occur, and shall be located as to be readily and easily accessible for cleaning and inspection. (b) Commercial and institutional establishments with food preparation or vehicular repair facilities shall document compliance with requirements of the Township Plumbing Code for the installation and maintenance of devices designed to control the release of oil and grease and/or grit into the http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 21 of 54 sewer system. Such establishments are subject to inspection by the Township at reasonable times. A user who operates such an establishment shall maintain records of the installation and maintenance of control devices and shall provide a Township inspector immediate access to commercial areas, control devices, and records of installation and maintenance. A user shall adjust the frequency of maintenance as is necessary to prevent releases. A user shall be in violation of this article if scheduled maintenance of devices is not provided or if releases occur in violation of the Plumbing Code or this article, or if releases result in fouling or obstruction of the public sewer. The Township may, upon determining that releases are occurring, issue an order for installation, replacement, upgrade, and/or maintenance of a control device and a schedule for such actions. Failure of a user to comply with such an order constitutes a violation of this article. [Added 7-9-2002 by Ord. No. 2002-5] (13) Garbage grinders. The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water, shall be permitted in the kitchens of dwelling units and food preparation areas of commercial or industrial establishments upon the registration of each such device with the Township. (14) Notification requirements; hazardous wastes and hazardous substances. (a) All industrial users shall notify the Township, the borough, the EPA Regional Waste Management Division Director, and the Pennsylvania Department of Environmental Protection, Bureau of Waste Management, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification shall include the name of the hazardous waste, as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month, the notification shall also include the following information, to the extent that it is known and readily available to the industrial user: [Amended 3-26-2002 by Ord. No. 2002-4] [1] An identification of the hazardous constituents contained in the waste; [2] An estimation of the mass and concentration in the wastewater of all such constituents discharged in the most recent month; and [3] An estimate of the mass and concentration of such constituents expected to be discharged during the following 12 months. (b) Industrial users that commence discharge of a hazardous waste after the effective date of this article shall submit the report within 180 days of first discharge of the hazardous waste, except as provided in Subsection A(14)(d) of this section. If the new discharge constitutes a change in the character of the industrial waste, the industrial user shall also comply with the requirements of § 67-46C(19) of this article. In the case of any new regulations under 40 CFR Part 261 identifying additional wastes as characteristic or listed hazardous waste, the industrial user discharging such substances shall submit the report within 90 days of the effective date of the new regulations. (c) The required report need be submitted only once for each hazardous waste discharged. Industrial users regulated under categorical standards which have already reported such substances in baseline monitoring reports, ninety-day compliance reports or periodic compliance reports do not have to report this information again. (d) Industrial users that discharge less than 15 kilograms of hazardous wastes in a calendar month do not have to comply with these reporting requirements. This exemption does not apply to acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e). (e) Each notification required by this section shall include a statement certifying that the industrial user has a program in place to reduce the volume and/or toxicity of the discharged wastes to the http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 22 of 54 extent that it is economically practical. This statement shall be signed by the authorized representative of the industrial user. B. Fees. (1) Purpose. It is the purpose of this article to provide for the recovery of costs from industrial users of the sewer system for the implementation of the industrial pretreatment program established herein. The applicable charges or fees shall be set forth in the Township's Schedule of Charges and Fees. (2) Fees that may be charged. (a) The Township may adopt charges and fees which may include: [1] Fees for reimbursement of costs of setting up and operating the industrial pretreatment program. [2] Fees for monitoring, inspections and surveillance procedures. [3] Fees for reviewing accidental discharge procedures (SPCC plans) and construction. [4] Fees for wastewater discharge permit applications. [5] Fees for filing appeals. [6] Other fees as the Township may deem necessary to carry out the requirements contained herein. (b) These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Township. C. Permits and reports for industrial waste discharged into the sewer system. (1) Requirement for wastewater discharge permits. (a) Discharge of any industrial waste to the sewer system without a wastewater discharge permit, except as authorized by the Township in accordance with the provisions of this article, is an unauthorized discharge and subject to the penalties provided herein. (b) The Township reserves the right, at its sole discretion, to deny the issuance of a wastewater discharge permit, or to issue such a permit conditionally. Such discretion may also be exercised by the borough when administering the industrial pretreatment program as provided in § 67-49 of this article. (2) Significant industrial users. All significant industrial users proposing to connect to or to discharge to the sewer system shall obtain a wastewater discharge permit before connecting to or discharging to the sewer system. (3) Other industrial users. Except as otherwise required by the Township or borough on a case-by-case basis, industrial users which are not significant industrial users do not require a wastewater discharge permit, but are required to comply with all other provisions of this article. If an industrial user makes changes to processes, flow, wastewater concentration, wastewater characteristics, or other changes which result in the industrial user meeting the definition of significant industrial user, the industrial user shall immediately upon becoming aware that such a change has occurred, or 90 days prior to such a change if it is planned by the industrial user, notify the Township and apply for a wastewater discharge permit. The Township at its discretion, may modify the time frame for submission of a permit application and may require any nonsignificant industrial users to apply for and obtain a wastewater discharge permit, as the Township deems appropriate. (4) Permit applications. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 23 of 54 (a) Industrial users required to obtain a wastewater discharge permit shall complete and file with the Township an application in the form prescribed by the Township, and accompanied by the fee prescribed in the Township's schedule of fees. A new facility planning to discharge to the sewer system shall make such submission prior (e.g., 90 days in advance) to the date it intends to connect to or discharge to the sewer system so as to provide ample time for the permitting process. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information: [1] Name, address, and location, (if different from the address). [2] SIC number or numbers according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. [3] Wastewater constituents and characteristics as required by the Township, as determined by a qualified analyst. [a] Sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended. [b] Sample results shall be accompanied by a signed statement of the authorized representative that the samples analyzed are representative of normal discharge during the routine operation of the discharging facility. [4] Each product by type, amount, process or processes and rate of production. [5] Type and amount of raw materials processed (average and maximum per day). [6] Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system. [7] Time and duration of wastewater or industrial waste contribution. [8] Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variation if any. [9] Site plans, floor plans, mechanical and plumbing plans and details to show all floor drains, building sewers, sewer connections, and appurtenances by the size, location and elevation. [10] Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged. [11] The nature and concentration of any pollutants in the discharge which are limited by any Township, borough, state, or national pretreatment requirement (including local limits), prohibitive discharge standard or categorical standards, and a statement regarding whether or not the categorical standard, prohibitive discharge standard or pretreatment requirements are being met on a consistent basis and, if not, how the industrial user proposes to meet the applicable standards or other pretreatment requirements, including whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the industrial user to meet the applicable standard or requirement. If the applicant is a categorical industrial user, this statement shall be signed by a certified professional. [12] If additional pretreatment and/or O & M will be required to meet categorical standards, prohibitive discharge standard, or other pretreatment requirements (including local limits), the shortest schedule by which the industrial user will provide such additional pretreatment shall be developed and submitted. The completion date of this schedule for any categorical standard shall not be later than the compliance date established for the applicable categorical standard. The following conditions shall apply to this schedule: http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 24 of 54 [a] The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical standards or other pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). [b] For compliance with a categorical standard, no increment referred to in Subsection C(4)(a) [12][a] above shall exceed nine months. [c] Not later than 14 days following each date in the schedule pertaining to compliance with a categorical standard and the final date for compliance, the industrial user shall submit a progress report to the Township, including, as a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Township. [13] Any other information as may be deemed by the Township or borough to be necessary to evaluate the application. [14] The application shall be signed and attested to by an authorized representative of the industrial user. (b) The Township will evaluate the data furnished by the industrial 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. (5) Confidentiality of applications. (a) All information required by the Township in the permit application shall be provided by the industrial user to the best of its ability. (b) If information regarding raw materials, processes, production rates or other manufacturing information is regarded as confidential by the industrial user, such information shall be marked "confidential" on the application form. (c) Confidentiality shall not apply to information regarding the flow of or the constituents in the industrial wastewater discharge. (d) Information accepted by the Township as confidential shall be handled as detailed in Subsection C (20) of this section. (6) Wastewater discharge permit conditions. (a) Wastewater discharge permits are hereby expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Township. Permits shall contain the conditions specified in 40 CFR § 403.8(f)(1)(iii). Permits may contain but are not limited to the following: [1] Limits on the average and maximum wastewater constituents and characteristics, including local limits and/or categorical standards, as applicable; [2] List of prohibited discharges, as presented in § 67-46A of this article; [3] Requirements for submission of technical reports or discharge reports, including the information to be contained and the signatory requirements of these reports; http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 25 of 54 [4] Specifications for monitoring programs which may include the specific substances to be analyzed, sampling locations, frequency of sampling, number, types and standards for tests, toxicity testing, and reporting schedules; [5] Requirements for maintaining and retaining records relating to industrial waste and wastewater discharges and characteristics as specified by the Township, and affording the Township access thereto; [6] Requirements for notification to the Township of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being discharged into the sewer system; [7] Requirements for notification of slug loads as per § 67-46A(9); [8] Statement of duration of the wastewater discharge permit, as provided in Subsection C(8) of this article; [9] Notification of the rules regarding transferability, as stated in subsection C(7) of this article; [10] Notification of penalties provided for noncompliance as contained in §§ 67-46D and 67-47 of this article; [11] Requirements pertaining to modification, suspension, and termination of the wastewater discharge permit, and appeal procedures; [12] Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization; [13] Requirements for installation and maintenance of inspection and sampling facilities; [14] Requirements for installation and maintenance of pretreatment facilities; [15] Requirements for developing and implementing special plans or practices such as toxic organic management plans, toxic reduction evaluations, special management or housekeeping practices, or other such procedures; [16] Compliance schedules; [17] The unit charge or schedule of user charges and fees for the wastewater to be discharged to the sewer system; and [18] Other conditions as deemed appropriate by the Township to ensure compliance with this or any other applicable ordinance and applicable federal, state and local pretreatment requirements. (b) A wastewater discharge permit, in addition to implementing requirements as mandated by federal pretreatment regulations, may be a means for the Township to implement other requirements in accordance with federal, state and local law. Implementation and enforcement of such provisions shall be at the discretion of the Township or the borough acting as the Township's agent as provided in § 67-49. (7) Transferability of permits. Wastewater discharge permits are issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new person, new industrial user, different premises, or a new or changed operation without the approval of the Township. If such a transfer is approved by the Township, the existing owner or operator shall provide a copy of the wastewater discharge permit to the new owner or operator. Any succeeding industrial user shall also comply with the terms and conditions of the existing wastewater discharge permit. The Township may, at its discretion, deny the transfer of a wastewater discharge http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 26 of 54 permit and require application for a new wastewater discharge permit under the provisions of this section. (8) Duration and modification of wastewater discharge permits. (a) Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period of less than five years or may be dated to expire on a specific date. Except as otherwise approved by the Township, the industrial user shall apply for reissuance of the wastewater discharge permit a minimum of 180 days prior to the expiration of the industrial user's existing wastewater discharge permit. (b) The terms and conditions of the wastewater discharge permit may be subject to modification by the Township during the term of the wastewater discharge permit as limitations or requirements as identified in § 67-46A are modified or other just cause exists, including but not limited to the following: [1] Violation of any term or condition of the wastewater discharge permit and/or any requirement set forth in an applicable pretreatment law, ordinance, regulation or rule; [2] Obtaining a wastewater discharge permit by misrepresentation or failure to disclose fully all relevant facts in either the permit application or any report, including the falsification of self- monitoring reports or the tampering with monitoring equipment; [3] Promulgation of more stringent standards under federal, state or local law, including the adoption of new or revised pretreatment ordinances by the Township; [4] Changes in the processes used by the permittee or changes in the volume or character of the industrial waste; [5] Changes in the design or capability of the POTW, NPDES permit requirements or sludge disposal requirements; [6] A change in any condition that requires a temporary or permanent reduction or elimination of the discharge; [7] Failure to allow timely access to the industrial user's facility or records; and [8] Failure to timely pay fines or applicable sewer charges. (9) Continuation of expired permits. (a) If the industrial user has applied for renewal as provided for in Subsection C(8) of this § 67-46 and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect pending a decision on the application for a reissued permit by the Township. (b) If the wastewater discharge permit is not renewed because of a failure of the industrial user to apply for renewal in a timely fashion or through an act or omission of the industrial user, then discharge of industrial waste by the industrial user without a wastewater discharge permit is an unauthorized discharge. (10) Appeal of wastewater discharge permits. (a) Any industrial user that is issued or reissued a wastewater discharge permit may appeal the permit conditions, in whole or in part. If a wastewater discharge permit is modified during its effective term, the industrial user may appeal only the conditions which have been changed. Appeal procedures applicable to these permit actions, as well as suspension or revocation of a wastewater discharge permit, shall be as set forth in § 67-46D(7) of this article. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 27 of 54 (b) During the process of appeal, the wastewater discharge permit shall remain in effect and shall be subject to potential enforcement unless, upon the request of the permittee, the Township grants a stay of permit condition(s). Pursuant to Subsection D(7), conditions imposed by federal or state regulations (e.g. - categorical standards) shall not be appealed or stayed. Conditions which, in the opinion of the Township, would constitute a hazard or pose a potential threat of pollution if stayed, shall not be stayed during an appeal. (c) The denial of issuance of a wastewater discharge permit may be appealed under the procedures set forth in § 67-46D(7) of this article. (11) Baseline monitoring reports. (a) Where an industrial user, subject to a newly promulgated categorical standard, has not previously submitted an application for a wastewater discharge permit as required by § 67-46C(4) of this article, the industrial user shall, within 180 days after the promulgation of the applicable categorical standard: [1] Apply for a wastewater discharge permit; [2] Provide the baseline monitoring information required by 40 CFR § 403.12(b). This information may be incorporated into the application for a wastewater discharge permit; and [3] Provide a compliance schedule for meeting the pretreatment standards as required by 40 CFR § 403.12(c), if such a schedule is required. The requirements of such a compliance schedule are prescribed in Subsection C(4)(a)[12] of this section. (b) An industrial user with an existing wastewater discharge permit shall submit to the Township within 180 days after the promulgation of an applicable categorical standard the information required by 40 CFR § 403.12(b). (c) A new source or industrial user that becomes a categorical industrial user through a change in facilities or processes shall submit a report containing the information required by 40 CFR § 403.12(b) at least 90 days prior to commencement of discharge from the regulated process or facility. This information may be incorporated into the application for a wastewater discharge permit submitted in such time frame. (d) Baseline monitoring reports shall be signed and certified by an authorized representative in accordance with 40 CFR §§ 403.12(1) and 403.6(a)(2)(ii). (12) Categorical compliance report. Within 90 days following the date for final compliance with applicable categorical standards or, in the case of a new source, following commencement of the discharge of industrial waste from processes regulated by categorical standards into the sewer system, any industrial user subject to categorical standards shall submit to the Township a report in accordance with 40 CFR § 403.12(d), including, information indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards and the average and maximum daily flow for those process units in the industrial user's facility which are limited by such categorical standards. The report shall certify that the information contained therein concerning wastewater constituents and flows is representative of discharges during normal work cycles. The report shall also state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical standards, and including a schedule for completion of the required actions in the form described in paragraph 3.4, subparagraph L of this article. Such a schedule shall not have a compliance date later than that established for the applicable categorical standard. This statement shall be signed by an authorized representative of the industrial user in accordance with 40 CFR §§ 403.12(1) and 403.6(a)(2)(ii), and certified to by a certified professional. (13) Periodic compliance reports. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 28 of 54 (a) All significant industrial users shall report to the Township at least twice a year, the date of the report to be as determined by the Township and contained in the wastewater discharge permit. Reports may be required more frequently as deemed necessary by the Township. (b) The reports required under this section shall contain the information required by 40 CFR §§ 403.12(e), 403.12(g) and/or 403.12(h), as applicable including, at a minimum, the measured concentrations of all pollutants regulated by categorical standards or otherwise regulated by the wastewater discharge permit, a record of an measured daily flows and a statement of accuracy and completeness signed and certified by the authorized representative of the significant industrial user in accordance with 40 CFR §§ 403.12(1) and 403.6(a)(2)(ii). Reports shall also contain any other information as required by the Township. (c) For significant industrial users subject to categorical standards, if discharge limits are based on mass units per production unit, then production information regarding the regulated processes during the reporting period shall be included in the report, along with flow and concentration values, so that a determination of compliance or noncompliance with categorical standards can be made. (d) For significant industrial users subject to categorical standards, the report shall contain certification of compliance with those standards, signed by a certified professional. (14) Reporting and resampling of discharge limit violations. (a) If upon receipt of valid sampling and testing results an industrial user becomes aware that a violation of discharge limits has occurred, the industrial user shall, within 24 hours of becoming aware of the violation, notify the Township of this fact. Except as otherwise approved by the Township and provided by 40 CFR §§ 403.12(g)(2)(i) and (ii), within 30 days of becoming aware of the violation, the industrial user shall also sample and analyze its discharge(s) for each parameter found to be in violation and report the results of the re-sampling and analysis to the Township. (b) Each significant industrial user shall have a duty, on receipt of validly obtained sampling and analysis results, of inspecting the results and determining if any wastewater discharge permit condition has been violated. Failure to examine and compare testing results with wastewater discharge permit conditions shall not be a valid defense for failure to comply with these reporting conditions. (15) Sampling and analysis. (a) Each industrial user shall perform waste stream sampling and analyses in accordance with its wastewater discharge permit or as otherwise required by the Township. (b) All sampling and analysis performed by the industrial user in compliance with wastewater discharge permit conditions, to prepare the reports required in Subsection C(11), (12), (13) and (14) of this section, or as otherwise required by the Township or borough shall be accomplished using techniques specified in 40 CFR Part 136 or alternative procedures approved by the Township and the administrator. Unless otherwise required, all sampling should be performed during a normal production day and should reflect the usual and typical wastewater discharge of the user. (c) The industrial user may monitor more frequently than otherwise required by the Township. If the industrial user monitors any pollutant, subject to an effluent limitation at the location designated for compliance monitoring, more frequently than otherwise required by the Township, using the procedures set forth in 40 CFR Part 136 or otherwise required, the results of such monitoring shall be included in the calculation and reporting of the data submitted to the Township. (d) Where the Township performs the sampling or collects the required information herein, the Township may waive the corresponding reporting requirement as provided in 40 CFR §§ 403.12 (g) and 403.12(h). http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 29 of 54 (e) The industrial user shall ensure that all monitoring and analytical equipment it uses to monitor or otherwise analyze the pollutants discharged to the sewer system are periodically calibrated and maintained at intervals which ensure the accuracy of measurements. (f) If sampling results indicate that the industrial user has exceeded an effluent limitation, the Township, as an enforcement response to such violation, may require the industrial user to undertake increased sampling. Upon notification from the Township the industrial user shall undertake such additional monitoring as directed. (16) Monitoring facilities. (a) The Township may require an industrial user to provide and operate at the industrial user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the wastewater or industrial waste discharge. The monitoring facility should normally be situated on the industrial user's premises, but the Township may, when such a location would be impractical or cause undue hardship on the industrial 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 industrial 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. (d) Construction shall be completed within 90 days following written notification by the Township. (17) Inspections. The Township and its duly authorized representatives, including contractors, may inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Township or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. Areas which are subject to inspection include but are not limited to areas which could result in wastewater discharge to the sewer, such as manufacturing areas and chemical storage areas; pretreatment facilities; spill prevention and control facilities; hazardous waste generation areas; industrial self-monitoring facilities and areas where relevant documentation is kept or stored. The Township, the borough and the approval authority, and their agents 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. Where a user has security measures in force which would require proper identification and clearance before entry onto their premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the Township, borough and approval authority will be permitted to enter, without delay, for the purpose of performing their specific responsibilities. (18) Pretreatment facilities. Industrial users shall provide necessary wastewater pretreatment as required to comply with this article and shall achieve compliance with all applicable categorical standards within the time limitations as specified by the applicable categorical standards, and, for other pretreatment requirements, shall achieve compliance as specified by the state or Township, whichever is more stringent. Any facilities required for pretreatment shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Township for review, and shall be acceptable to the Township before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce a discharge which complies with the provisions of this article. Any subsequent substantial changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Township http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 30 of 54 prior to the industrial user's initiation of the changes. The review and acceptance of plans and procedures by the Township shall not be considered as an approval regarding their efficacy, safety or reliability; such considerations are solely the responsibility of the industrial user. (19) Change in operations. (a) Any industrial user contemplating or planning a substantial change in the manufacturing process, raw materials, auxiliary processes, pretreatment processes or other changes which may result in substantial changes to wastewater character, composition, volume or rate of flow, shall notify the Township in writing at least 30 days prior to making such a change, or, if the change is not planned 30 days or more in advance, immediately upon the decision to make such a change. If a change in wastewater characteristics occurs without the knowledge of the industrial user, the industrial user shall report the change immediately upon becoming aware of it. The report shall include all information necessary to determine the effect on the wastewater of the change. The Township may require the industrial user to undertake a compatibility study to demonstrate to the satisfaction of the Township that the wastewater to be discharged is compatible with the sewer system, will not affect any requirements imposed upon the Township or borough (including NPDES and sludge disposal requirements) and will not otherwise adversely affect the POTW. (b) The Township may, on receipt of such a report: [1] Continue an existing wastewater discharge permit in effect; [2] Require application for a new wastewater discharge permit; [3] Modify an existing wastewater discharge permit to reflect the changed nature of the waste; [4] Rescind and reissue an existing wastewater discharge permit in order to make substantial changes in wastewater discharge permit conditions; [5] Revoke an existing wastewater discharge permit or require the industrial user to cease or prevent the discharge; or [6] Take such other action as it deems appropriate. (20) Confidentiality. (a) Information and data on an industrial user obtained from reports, questionnaires, wastewater discharge permit applications and monitoring programs and from inspections shall be available to the public or any governmental agency without restriction unless the industrial user specifically requests at the time of submission and is able to demonstrate to the satisfaction of the Township that the release of such information, processes or methods of production are entitled to protection as trade secrets of the industrial user. Wastewater constituents and characteristics shall not be recognized as confidential information. (b) When requested by the person furnishing a report, and supported by evidence acceptable to the Township as to need for protection as confidential material, the portion 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 to the Township, and, upon request, to governmental agencies for uses related to this article, the borough's NPDES permit, any state permit and/or the industrial pretreatment program; in addition, such portions of a report shall be available for use by the EPA, the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. (c) When information accepted by the Township as confidential is transmitted to any government agency, a notification to the industrial user may be provided listing the confidential information transmitted, and the governmental entity requesting it. The person seeking confidentiality protection of the information shall bear the burden of demonstrating to the other governmental agency that such information is entitled to confidential protection. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 31 of 54 (21) Records. (a) All industrial users shall keep and maintain records of monitoring activities and results, wastewater discharge permits, and reports to the Township and the borough in accordance with 40 CFR § 403.12(o)(1) and (2), for a minimum of three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this article, or where the industrial user has been notified of a longer retention period by the Township or borough. (b) The industrial user shall furnish the Township, within a reasonable time, any information which the Township may request to determine whether cause exists for modifying, reissuing, suspending or revoking a wastewater discharge permit or to determine industrial user compliance. The industrial user shall also furnish to the Township, upon request, copies of records required to be kept. Where the industrial user becomes aware that it failed to submit any relevant facts in an application for a wastewater discharge permit, or submitted incorrect information in an application for a wastewater discharge permit, report to the Township or in any other correspondence pertaining to its industrial wastewater discharge, it shall promptly submit such facts or information. D. Enforcement. (1) Right to refuse. The Township reserves the right to refuse to accept wastewater, or combinations of wastewater, which are discharged in violation of the terms or conditions of the industrial pretreatment program, or any written directions issued by the Township or borough pursuant to the conditions of the industrial pretreatment program. The Township may take such steps as it deems necessary, as outlined in this article, to compel discontinuance of use of the sewer system or to require pretreatment of industrial wastes in order to comply with the provisions of this article. The Township may exercise its right of refusal by denial of issuance of a wastewater discharge permit; in such a case the discharge of industrial waste is prohibited. (2) Revocation of permit. (a) Any industrial user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having its wastewater discharge permit revoked. [1] Failure of an industrial user to factually report the wastewater constituents and characteristics of its discharge in any application for a wastewater discharge permit, or in any reports required by Subsection C(11), (12), (13) or (14) of this section; [2] Failure of the industrial user to report significant changes in operations, or wastewater constituents and characteristics as required in Subsection C(19) of this section; [3] Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring; or [4] Violation of conditions of the wastewater discharge permit. (b) Discharge of any industrial waste to the sewer system by a significant industrial user, or by any other user required to have a permit under Subsection C(3), without a wastewater discharge permit is an unauthorized discharge, as provided in Subsection C(1) of this section, and may be subject to the penalties provided herein. (c) Any industrial user notified of a revocation of its wastewater discharge permit may be required to immediately stop or eliminate the discharge (even if an appeal of the revocation notice is pending). In the event of a failure of the industrial user to comply voluntarily with the notice of revocation, the discharge shall be considered an unauthorized discharge and the Township may take such steps as deemed necessary, which may include immediate severance of the connection between the building sewer and the sewage collection system, or discontinuance of water service, to prevent or minimize damage to the sewer system or endangerment to the environment or any property or person. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 32 of 54 (3) Suspension of permit. (a) The Township may suspend the wastewater discharge permit when such suspension is necessary, in the opinion of the Township, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes or may cause interference or pass-through, or causes or may cause the Township or borough to violate any condition of an NPDES permit or any other federal or state law, rule, regulation or permit condition. (b) Any industrial user notified of a suspension of its wastewater discharge permit may be required to immediately stop or eliminate the discharge (even if an appeal of the suspension notice is pending). In the event of a failure of the industrial user to comply voluntarily with the notice of suspension, the discharge shall be considered an unauthorized discharge and the Township may take such steps as deemed necessary, including immediate severance of the connection between the building sewer and the sewage collection system, or discontinuance of water service to prevent or minimize damage to the sewer system or endangerment to the environment or any property or person. (c) If a wastewater discharge permit has been suspended as a result of an unauthorized discharge, which discharge resulted in or contributed to damages to the sewer system or to any person or property, the wastewater discharge permit shall not be reinstated until such time as all such damages have been satisfied. (d) The Township may reinstate the wastewater discharge permit upon submission of proof by the industrial user of the elimination of the unauthorized discharge. (4) Notice of violation. Whenever the Township finds that any industrial user has violated or is violating this article, its wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the Township may serve upon such industrial user a written notice stating the nature of the violation, and requiring a response within a specified time. Responses required of industrial users may include, but are not restricted to, actions, plans, compliance schedules, or written explanations. (5) Show cause hearing. (a) The Township may direct any industrial user who causes or allows an unauthorized discharge to enter the sewer system, or who violates any condition or requirement of the industrial pretreatment program or its wastewater discharge permit, to show cause before the Township why the proposed enforcement action should not be taken. A written notice may be served on the industrial user specifying the time and place of a hearing to be held by the Township regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the industrial user to show cause before the Township why the proposed enforcement action should not be taken. The notice of the hearing may be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation if the industrial user is a corporation. (b) The Township may itself conduct the hearing and take the evidence, or may designate any of its members or any representative to: [1] Issue in the name of the Township notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; [2] Take the evidence; [3] Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Township for action thereon. (c) At any hearing held pursuant to this article, testimony taken may be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 33 of 54 (d) After the Township has reviewed the evidence, it may, in writing, direct the industrial user to take certain actions to correct the unauthorized discharge or to achieve compliance. The actions which may be directed include, but are not limited to: [1] Installation of pretreatment facilities or equipment; [2] Modification or additions to existing pretreatment facilities or equipment; [3] Initiation of management practices which are required to alter the nature of the industrial waste being discharged; [4] Development or implementation of SPCC plans or other measures; [5] Other measures found to be necessary to correct the unauthorized discharge or other noncompliance. [6] The direction may be in the form of a schedule for compliance, setting dates by which certain actions shall be taken. (e) Failure of an industrial user to comply with written directions issued pursuant to a hearing constitutes a violation of this article. (6) Administrative orders. The Township may issue written directions as described in Subsection D(5)(d) of this section without a show cause hearing if the Township determines that such directions are necessary to correct conditions or remedy continuing violations of this article or any wastewater discharge permit or other requirements of the industrial pretreatment program, the Township, borough, federal or state regulations. Failure of an industrial user to comply with administrative order conditions requiring compliance with provisions under this article, national categorical pretreatment standards, or a duly authorized wastewater discharge permit constitutes a violation of this article. (7) Right of appeal. (a) An industrial user may appeal to the Township the enforcement actions enumerated above in Subsection D(2) and (3) of this section, the denial of a wastewater discharge permit, or conditions contained in a wastewater discharge permit. An appeal is subject to the following requirements. [1] The appeal must be made in writing to the Township, or to the borough if the actions being appealed were taken by the borough acting as agent as provided under the provisions of § 67- 49 of this article. [2] The appeal must be made within 30 calendar days from the date of receipt of the wastewater discharge permit, or notice of denial, suspension, modification or revocation of a wastewater discharge permit being appealed by the industrial user. [3] The appeal must state the specific provision(s) of a wastewater discharge permit or the specific directions or actions of the Township or borough which are being contested. [4] The appeal must state the reasons for the appeal of each provision. [5] The appeal may suggest alternate or revised provisions to replace those appealed. [6] An appeal of a wastewater discharge permit may include a request to stay specific permit conditions pending the outcome of the appeal. Any such request shall include all factual and legal justification for such a request. (b) Provisions specifically mandated by federal or state regulations (e.g., compliance with categorical standards) shall not be appealed. Conditions which, in the opinion of the Township or borough, would constitute a hazard or pose a potential threat of pollution if stayed, shall not be stayed during an appeal. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 34 of 54 (c) An appeal shall be made to the Township or the borough as provided above, and shall be reviewed by any designated representative(s) of the Township or borough as appropriate, provided: [1] The representative shall not be the Pretreatment Coordinator; and [2] The representative shall not be the Superintendent. (d) The representative(s) reviewing the appeal shall report in writing to the Township or borough, as appropriate, the results of the review. The report should contain, at a minimum: [1] A summary of each item appealed, the appellant's reasons for appeal, and the appellant's proposed remedies, if any. [2] The finding of merit for each point, and the reason(s) for finding. [3] For each point found to be with merit, a proposed remedy, and a finding that the proposed remedy is allowable under this article, and all applicable federal, state and local rules, regulations and laws. (e) The Township or borough as appropriate, or a board appointed by the Township or borough, may, upon its own initiative or in response to a request by the permittee, review the report and, at one or more regular or special public meetings, take any additional testimony offered by the appellant, reviewer, pretreatment program coordinator, or other interested party. The presiding municipal body may, within a reasonable time, decide to: [1] Grant a stay of wastewater discharge permit conditions pending a decision on the merits of a permit appeal; [2] Grant the appeal or portions of the appeal, applying such remedies as it deems proper; or [3] Deny the appeal. (f) The decision by the Township or borough constitutes final administrative action. (g) If the Township, or any Hearing Board appointed by the Township shall have as a member any person who has a financial, legal or other proprietary interest in the industrial user bringing the appeal, such person shall recuse himself from any vote which shall determine the decision of the body in regard to the appeal. (h) Action of the Township or borough for which review had been available (e.g., enactment of an ordinance or issuance, modification, suspension or revocation of a wastewater discharge permit) shall not be subject to administrative or judicial review in any civil or criminal proceeding for enforcement. (8) Civil actions. If any person violates the provisions of the industrial pretreatment program, including local, national or state pretreatment requirements, categorical standards, or any wastewater discharge permit or written directions issued by the Township, the Township may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Franklin County, or any other appropriate forum. (9) Injunctive relief. If any person causes or permits an unauthorized discharge to occur, otherwise violates the conditions imposed by this article or any wastewater discharge permit or written directions issued by the Township or the borough or any national or state pretreatment requirement, or discharges wastewater or industrial waste which otherwise presents or may present an endangerment to the environment or which threatens to interfere with the operations of the POTW, the Township may commence an action in the Court of Common Pleas of Franklin County, or any other appropriate forum, for injunctive relief to stop the discharge or violation, or to require compliance with the applicable condition. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 35 of 54 (10) Enforcement response plan. The Superintendent and the Pretreatment Coordinator may be guided by the Enforcement Response Plan when reviewing industrial user reports, inspection results and other compliance information, and when recommending to the Township enforcement action in response to noncompliance. (11) Significant violators. (a) The Township shall publish annually, in the local daily newspaper of highest circulation published in the Borough of Chambersburg, a list of industrial users that were found to be in significant noncompliance during the previous calendar year. Significant noncompliance shall be determined using measures of rate, magnitude, and type of noncompliance, as delineated below: [1] Chronic violations of local limits, prohibitive discharge standards, categorical standards, or other numerical limitations on discharges of industrial waste. A chronic violation occurs if the violation occurs in 66% or more of all measurements taken during a six-month period for the same pollutant(s). [2] Technical review criteria (TRC) violations of local limits, prohibitive discharge standards, categorical standards, or other numerical limitations on discharges of industrial waste. A TRC violation occurs if 33% or more of all of the measurements for each pollutant in a six-month period equal or exceed the product of the daily maximum limit or the average limit and the applicable TRC. For conventional pollutants (BOD, total suspended solids and fats, oil and grease), the TRC equals 1.4; for all other pollutants except Ph, the TRC equals 1.2. [3] Any violation of local limits, prohibitive discharge standards, categorical standards, or other narrative or numerical limitations on discharges of industrial waste which the Township or borough determines has caused pass-through or interference, or has endangered the health or safety of Township, borough or POTW personnel or the public. [4] Any discharge that has caused imminent endangerment to human health, welfare or the environment, or has caused the Township to exercise its emergency authority under Subsection D(1), (2) or (3) of this section. [5] Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or submitted in response to written directions of the Township or borough, for starting construction, completing construction, or attaining final compliance. [6] Failure to provide, within 30 days after the due date, any required reports, including but not limited to baseline monitoring reports, periodic compliance reports, reports on compliance with compliance schedules, or reports on a change in operations. [7] Failure to accurately report any noncompliance. [8] Any other violation, noncompliance, or group of violations or noncompliances which the Township determines will adversely affect the operation or implementation of the industrial pretreatment program. (b) The Township, subject to its discretion, may, as an enforcement response, publish notification of industrial user noncompliance on a more frequent basis than annually or if the level of industrial user noncompliance does not meet the significant noncompliance standard. (12) Responsible officials. As provided in § 67-49, and except as may be otherwise provided herein, the Superintendent of the Water and Sewer Department of the borough shall administer and enforce the provisions of this article. The Superintendent may delegate any or all powers granted by this article to the Pretreatment Coordinator, or to others as he deems appropriate. In the case that the Township sees fit to unilaterally administer or enforce the provisions of this article the Chairman of the Board of Supervisors, or his/her duly appointed agent shall be responsible for such actions. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 36 of 54 § 67-47. Violations and penalties. A. Any person who violates any provisions of this article, or the rules, regulations and permits issued hereunder, may be subject to a civil monetary penalty pursuant to applicable law. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the borough may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations, and permits issued hereunder. Except for a violation which has been subject to a civil or criminal penalty by the Township, nothing shall be deemed to preclude the Township from commencing an action for a penalty of $25,000 per day for each violation pursuant to 1992 Pa. Laws, Act 1992-9, subject to the appeal procedures as specified in 2 Pa. C.S.A. B. In addition to any applicable civil or criminal penalty, the user is liable for: (1) All damage which its discharge causes to the sewer system or POTW if that damage is caused, in whole or in part, by the industrial user's violation of its wastewater discharge permit or any applicable law, ordinance, regulation, rule or pretreatment requirement and (2) Any penalty imposed upon the Township (whether by judicial or administrative order or the settlement of a judicial or administrative penalty action) where the violation of the Township was caused by the industrial user, either alone or in conjunction with discharge(s) from other source(s). § 67-48. Remedies not exclusive. The enumeration of remedies in §§ 67-46 and 67-47 of this article does not restrict their application and shall not be deemed to preclude any other Township remedies, enforcement responses or other causes of action, including those available under common law. Nothing in this article, the Enforcement Response Plan or any other provision of the Township's pretreatment program shall be intended to limit the enforcement discretion of the Township to enforce pretreatment requirements as otherwise provided for by law. § 67-49. Administration of the industrial pretreatment program. A. Appointment of borough as agent. The Township appoints the Borough of Chambersburg as its agent for the purposes of administering the industrial pretreatment program. All reports and applications required by this article to be submitted to the Township shall be submitted to the borough. The borough is hereby authorized to develop all procedures for inspecting users, reporting, issuing wastewater discharge permits, reviewing pretreatment facility plans, and otherwise administering all of the provisions of this article and the industrial pretreatment program. Local limits developed by the borough shall be applied as local limits authorized by this article and applied to such industrial users as authorized by this article. All administrative enforcement actions, as set forth in § 67-46 of this article, may be taken by the borough, acting as an agent of the Township; this includes, but is not limited to, issuance of written directions and notices of violation, the scheduling and hearing of show-cause hearings, and the suspension or revocation of wastewater discharge permits. On the appeal of an action by the borough by an industrial user, the Township may assign the hearing of the appeal and the right to make final decisions to the borough. This appointment may be revoked only upon the amendment of this article by majority vote of the Board of Supervisors of the Township of Greene, at a duly scheduled and publicly advertised regular or special public meeting. B. Authorization of borough to act in the name of the Township. All enforcement procedures authorized by § 67-46 of this article may be undertaken, without prior consultation with the Township, by the borough, and the borough shall in such instances be authorized to act for and in the name of the Township. It is the intent of the Board of Supervisors of the Township of Greene that the industrial pretreatment program be administered and enforced by the borough and that all actions taken by the borough in administering and enforcing this article are actions on behalf of the Township and may be taken in the name of the Township. This authorization may be revoked only upon the amendment of this article by a majority vote of the Board of Supervisors of the Township of Greene at a duly scheduled and publicly advertised regular or special public meeting. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 37 of 54 C. Information to be shared with borough. Information acquired by the Township which pertains to the provisions of the industrial pretreatment program shall be provided to the borough in a timely manner. Such information shall include, but not be limited to: (1) Information regarding new industrial users or changes in use of existing users. (2) Information pertaining to the quality, quantity, or rate of flow of discharges. (3) Information regarding violations of this article or any of its provisions, or of the industrial pretreatment program. D. Actions to be taken in support of borough in administration and enforcement. The Township may provide such services as may be required or requested in aid of the administration or enforcement of the provisions of the industrial pretreatment program. Such aid and assistance may include, but not be limited to, assistance in obtaining information, recordkeeping, sampling, inspections or enforcement. E. Authorization of borough not exclusive. Notwithstanding the above, the Township retains the right to administer and enforce the industrial pretreatment program in keeping with the provisions of this article. When so notified by the Township, users shall provide such information as is required by this article or its provisions to the Township. The Township may take such administrative or enforcement actions as it deems necessary to comply with the provisions of this article. § 67-50. Special agreements and/or waiver of pretreatment requirements. Nothing contained in this article shall be construed as prohibiting special agreements between the Township or borough and a person discharging industrial wastes or wastewaters to the sewer system, or for the Township or borough to otherwise waive requirements hereunder, when conditions and circumstances making such special agreements or waiver advisable and/or necessary, in the opinion of the Township or borough, are present, provided, however, that: A. National categorical pretreatment standards and prohibitive discharge standards [including the general and specific prohibitions set forth at 40 CFR § 403.5(a) and (b)] shall not be waived, unless such waiver is granted by mechanisms established under the Federal Pretreatment Regulations (40 CFR § 403 et seq); and B. In no case shall a special agreement or waiver of local limits allow for an industrial user to discharge any pollutant which, alone or in combination with other regulated industrial user discharges, would reasonably be expected to exceed the mass loadings determined by the borough as acceptable to the sewage treatment plant based upon considerations of, among other things, interference, pass-through and sludge contamination. The Township may consider other factors (e.g., effect of the discharge on the POTW, future expansion, etc.), as it deems appropriate. In no event shall any special agreement or waiver allow the sum of the loadings allocated to industrial users to exceed the values set forth in any local limits analysis submitted by the Township or borough to EPA and approved by EPA as part of the industrial pretreatment program. C. The Township may require an industrial user requesting a special agreement or waiver adjusting effluent limitations to submit supporting documentation indicating why the industrial user cannot reasonably expect to meet the effluent limitation contained in its wastewater discharge permit, setting forth an expeditious schedule for achieving compliance with such limitations, and including such other information as the Township may require. In granting any special agreement or waiver the Township may impose time limitations upon any reduced requirements and provide a compliance schedule for achieving compliance. In granting any special agreement or waiver, the Township may impose any other conditions deemed necessary to implement the purposes of this article. D. If granting a special agreement or waiver would result in increased costs to the Township or borough (e.g., treatment, monitoring, sludge disposal costs), the Township may condition the special agreement or waiver upon the agreement of the industrial user to pay those costs, and to provide security adequate in the judgment of the Township to assure payment of said costs. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 38 of 54 E. Any special agreement and/or waiver of pretreatment requirements under this section shall be timely memorialized in writing. "In writing" includes, among other things, a wastewater discharge permit modification, a written agreement, a letter from the Township or its agent to the industrial user, an inspection report, or any other written record which identifies that the Township waived or otherwise modified the requirement. [Added 7-11-1995 by Ord. No. 95-2] § 67-51. Local limits. [Amended 7-9-2002 by Ord. No. 2002-5] Local limits developed as provided in § 67-46A(7) of this article are adopted as follows: Local Limits for Industrial Users Pollutant Concentration (mg/l)Maximum Daily Limit (mg/l) Arsenic0.4 Cadmium0.3 Chromium3.8 Copper0.5 Cyanide1.0 Lead0.8 Mercury0.006 Molybdenum1.0 Nickel4.0 Selenium0.7 Silver2.0 Zinc2.9 NOTES: Sampling and testing to be done in accordance with EPA - approved methods, as found in 40 CFR 136 or as approved by the Township. Article V. On-Lot Sewage Systems [Adopted 3-28-2000 by Ord. No. 2000-2] § 67-52. Title and purpose. To protect of the waters and soils in Greene Township from contamination by untreated sewage wastes, and to protect the health of all citizens of the Township, the Board of Supervisors has adopted and will enforce this article within those areas not served by public or central sewer systems. This article is intended to create an On- Lot Sewage System Management District and shall be known and cited as the "Greene Township On-Lot Sewage Systems Management Ordinance." The purpose of this article is: http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 39 of 54 A. To bring and keep Greene Township within the requirements of the Clean Streams Law (Act of 1937, P.L. 1987, No. 394)and the Pennsylvania Sewage Facilities Act (Act of Editor's Note: See 35 P.S. § 691.1 et seq. 1965 P.L. 1535, No. 537, as amended, known as "Act 537").As Editor's Note: See 35 P.S. § 750.1 et seq. mandated by the Second Class Township Code and these state laws, Townships have the power and the duty to provide for adequate sewage treatment facilities and for the protection of public health by preventing the discharge of untreated or inadequately treated sewage. B. Provide for inspection, pumping, maintenance and rehabilitation of private and public on-lot sewage disposal systems when determined necessary by Greene Township, or its authorized agent; to further permit the Township to intervene in situations which are public nuisances or hazards to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program. C. Guarantee provisions for environmentally sound disposal sites for treated and untreated solids and scum from septic tanks; holding tank wastes; and treated sewage sludge from wastewater treatment facilities. § 67-53. Definitions. The following definitions shall apply for the various terms throughout this article: ABSORPTION AREA A component of an individual or community sewage system where liquid from a treatment tank seeps into the soil. It consists of an aggregate-filled area containing piping for the distribution of liquid and the soil or sand/soil combination located beneath the aggregate. ACT The Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1 through 750.20). AUTHORIZED AGENT A Township employee, or consultant designated to perform a specific task for the Greene Township On-Lot Sewage System Management District. An authorized agent designated to perform a certain duty shall be familiar with that duty and competent to perform the duty. Depending on the duty, he may also need to be certified and/or licensed as a Sewage Enforcement Officer in the Commonwealth of Pennsylvania. BUILDING SEWER Piping carrying liquid wastes from a building to the treatment tank or holding tank. CLEAN STREAMS LAW The Clean Streams Law (35 P.S. §§ 691.1 through 691.1001). DEPARTMENT The Department of Environmental Protection of the Commonwealth of Pennsylvania. HOLDING TANK A tank whether permanent or temporary, to which sewage is conveyed by a water-carrying system. INDIVIDUAL SEWAGE SYSTEM A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance to another site for final disposal. LIMITING ZONE A soil horizon or condition in the soil profile or underlying strata which includes one of the following: A. A seasonal high water table, whether perched or regional, determined by direct observation of the water table or indicated by soil mottling. B. A rock with open joints, fracture or solution channels, or masses of loose rock fragments, including gravel, with insufficient fine soil to fill the voids between the fragments. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 40 of 54 C. A rock formation, other stratum or soil condition which is so slowly permeable that it effectively limits downward passage of effluent. LOCAL AGENCY The Greene Township Board of Supervisors. LOT A part of the subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which should not be further subdivided. Whenever a lot is used for a multiple-family dwelling or for commercial, institutional or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of dwelling units as determined by estimated sewage flows. OFFICIAL PLAN A comprehensive plan for the provision of adequate sewage facilities, adopted by the Greene Township Board of Supervisors possessing authority or jurisdiction over the provisions of these facilities and submitted to and approved by the Department as provided by the Act, and this article. OFFICIAL PLAN REVISION A change in the Township's Official Plan to provide for additional or newly identified or existing sewage facilities needs, which may include but not be limited to: A.UPDATE REVISION — A comprehensive revision to an existing Official Plan required when the Department or Township determines the Official Plan or its parts is inadequate for the existing or future sewage facilities needs of a Township or its residents or landowners. B.REVISION FOR NEW LAND DEVELOPMENT — A revision to a Township's Official Plan resulting from a proposed subdivision as defined in the Act. C.SPECIAL STUDY — A study, survey, investigation, inquiry, research, report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision. PERSON An individual, association, public or private corporation for-profit or not-for-profit, partnership, trust, estate, department board, bureau or agency of the United States, commonwealth, political subdivision, municipal district, authority or another legal entity which is recognized by law as the subject of rights and duties. The term includes the members of an association, partnership or firm and the officers of a local agency or municipality, public or private corporation for-profit or not-for-profit. PRIVY A tank designed to receive sewage where water under pressure is not available. RURAL RESIDENCE A structure occupied or intended to be occupied by not more than two families on a tract of 10 acres or more. SEWAGE A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances being harmful or inimical to the public health, or the animal or aquatic life, or to the use of water for domestic water supply or for recreation, or which constitutes pollution under the Clean Stream Law. SEWAGE ENFORCEMENT OFFICER (SEO) The official of the local agency who issues permits, reviews permit applications and sewage facilities planning modules and conducts investigations and inspections necessary to implement the Act and the regulations thereunder. SEWAGE FACILITIES A system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 41 of 54 A.INDIVIDUAL SEWAGE SYSTEM — A sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal. B.INDIVIDUAL ON-LOT SEWAGE SYSTEM — An individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or a retaining tank. C.INDIVIDUAL SEWERAGE SYSTEM — An individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank. D.COMMUNITY SEWAGE SYSTEM — A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site. E.COMMUNITY ON-LOT SEWAGE SYSTEM — A community sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface soil absorption area or retaining tank. F.COMMUNITY SEWERAGE SYSTEM — A community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank. SEWAGE MANAGEMENT DISTRICT PROGRAM A program authorized by the official actions of the Greene Township Board of Supervisors for the administration, management and regulation of the disposal of sewage. SOIL HORIZON A layer of soil approximately parallel to the soil surface, the chemical and physical characteristics of which are distinguishable by observation or other method of analysis from the chemical and physical characteristics in adjacent layers of soil. SOIL PROFILE The collection of soil horizons, including the natural organic layers on the surface. SUBDIVISION The division or redivision of a lot tract or other parcel of land into two or more lots, tracts, parcels or other division of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract remaining after other lots have been subdivided therefrom. TOWNSHIP Greene Township, Franklin County, Pennsylvania. UNDISTURBED SOIL Soil or soil profile, unaltered by addition-filling, removal or other man-induced changes other than agricultural activities for a minimum of four years prior to testing. WATERS OF THIS COMMONWEALTH Rivers, streams, creeks, rivulets, impoundment, ditches, watercourses, storm sewers, lakes, dammed water, ponds, springs and other bodies or channels of conveyance of surface and underground water, or of their parts, whether natural or artificial, within or on the boundaries of this commonwealth. § 67-54. Applicability. The provisions of this article shall apply to every person owning property serviced by an on-lot sewage disposal system within Greene Township; all persons or businesses servicing such systems (constructing on-lot systems, pumping out septic tanks, repairing on-lot systems); wastewater treatment authorities and other generators of solid http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 42 of 54 wastes that may be land applied for agricultural utilization or land reclamation and owners of land application sites accepting sludge, septage, biosolids or other solid wastes used in a beneficial way. § 67-55. Sewage permit requirements. A. No person shall install, construct or request bid proposals for construction or alter any individual sewage system or community sewage system or construct or request bid proposals for construction or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications are in compliance with the provisions of the Pennsylvania Sewage Facilities Act (Act 537) and the standards adopted pursuant to that Act. Application for permit shall be in writing to the local agency in accordance with the provisions of Section 8 of Act 537 and shall be made in such form and shall include such data as the Department may prescribe. There will be no exemption for a subdivision or development of 10 or more acres. B. No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by the Greene Township Sewage Enforcement Officer (SEO). If 72 hours have elapsed, except for Sundays and holidays, since the SEO issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been refused by the SEO. C. Permits for individual sewage systems or community sewage systems shall not be issued unless the proposed system is consistent with the adopted Official Plan. D. Applicants for sewage permits shall notify the Township's SEO of the schedule for construction of the permitted on-lot sewage disposal system so that inspection(s), in addition to the final clearance required by Act 537, may be scheduled and performed by the Township's SEO at the cost of the applicant. E. No building or occupancy permit shall be issued by Greene Township or its authorized agent for a new building which will contain sewage facilities until a valid sewage permit has been obtained from the Township's SEO. This would include any subdivision or development of 10 or more acres. F. No building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure until the structure's owner receives from the SEO either a permit for alteration or replacement of the existing sewage disposal system or written notification that such permit will not be required. In accordance with Chapter 73 regulations, the SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows. G. Sewage permits may be issued only by a certified SEO employed by the Township for that express purpose. H. If the owner of record has owned and subdivided or developed the lot prior to May 15, 1972, no sewage permit may be issued unless proof is provided that the official Act 537 plan has previously addressed the lot in question or a planning module for that lot has been approved by the Township and the Department, as well as that the Act 537 planning for that lot has been approved by Greene Township. I. No final plan approval on a subdivision or land development (according to the Pennsylvania Township Municipalities Code Act of 1968 P.L. 805, No. 247, as reenacted and amended) may be given until Act 537 planning is approved by the Township and the Department. § 67-56. Ground markers. Any person who shall install new or rehabilitated sewage systems shall provide a marker or markers at ground level locating the septic tank, dosing tank, equalization (distribution) box, absorption area and other important items which may be needed in case future maintenance, inspection or rehabilitation is required. Requirements for marker types and locations will be determined by the sewage system designer and approved by the SEO. Other requirements for sewage system construction, contained within Chapter 73 of the Pennsylvania Code, shall be followed as well. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 43 of 54 § 67-57. Replacement areas. A. Requirements. (1) After the effective date of this article, a replacement area for an individual on-lot sewage system shall be required for all lots to be created which are not serviced or to be serviced by a public or central sewerage system or did not previously have a permit issued for installation of an on-lot sewage disposal system. Lots existing prior to the effective date of this article and on which a suitable replacement area cannot be sited because of space limitations shall be exempt from the requirements of this section, provided that they meet the proof factors for relief in Subsection D below. (2) The replacement area provided shall comply with the regulations issued by the Department as incorporated into this article concerning individual on-lot sewage systems, including isolation distances and soils testing for slope, probe and percolation, and with terms of this chapter and any other applicable Township ordinances. B. Identification of replacement areas. (1) Each applicant for an individual on-lot sewage system shall demonstrate to the satisfaction of the SEO that a suitable area exists on each lot to be created for the primary sewage system and for the replacement area. Allowance of open land for the replacement area without testing performed or observed by the SEO shall not constitute compliance with the requirements of this section. All testing itemized in Subsection A(2) is required for replacement areas. (2) The location of the initial individual on-lot sewage system and the replacement area as confirmed by the SEO shall be identified on the plans and diagrams submitted as part of the permit application. (3) If the application has been submitted as a part of an application for subdivision or land development approval or as part of a request that the Township approve a planning module or amend its Official Plan, or a request for an exemption to the revision of the Official Plan, the location of each initial on- lot sewage system and each replacement area shall be noted upon the plans stating that no improvements shall be constructed thereon, and the deed to be recorded for each lot created as part of the subdivision or land development shall contain language reflecting this limitation. (4) Any revisions to a permit or plan affecting a replacement area which has been approved pursuant to the provisions of this article shall be reviewed for approval by the Township and the SEO. C. Construction restrictions. (1) The easement for the replacement area noted upon the plan and recorded with the County Recorder of Deeds shall state that no permanent or temporary improvements of any character, other than shallow- rooted plant matter, shall be constructed on the replacement area. (2) The easement against construction in the replacement area shall be enforced by the Township, by injunction or otherwise, unless the landowner demonstrates that an alternate replacement area exists on the lot. A revision to the original subdivision or land development plan shall be submitted for review and approval by the Township showing the alternate replacement area. The approval of the Township of such revision shall act as a release of the easement as to the original replacement area and an encumbrance of the alternate replacement area. D. Relief from replacement area requirements. (1) If any lot held in single and separate ownership with an approved individual on-lot sewage system, as of the effective date of this article, does not contain land suitable for a replacement area, the applicant may request that the Township grant an exception to the requirement of providing a replacement area. The applicant for such an exemption shall present credible evidence demonstrating proof that the lot was held in single and separate ownership on the effective date of this article; the size of the lot; inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 44 of 54 able to be acquired; and the testing conducted to determine that the lot is not suitable to provide a replacement area. (2) At all times, the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exemption from the terms of this section. § 67-58. Inspections. A. Any on-lot sewage system may be inspected by the Township's SEO at any reasonable time as of the effective date of this article, provided that one or more of the following exists: sufficient evidence of a potential health or safety risk has been obtained from a reliable informant; a signed complaint has been submitted by a resident of the Township; if directed to do so by the Board of Supervisors or if directed to do so by the Department. B. Inspections may include, but are not limited to, a physical tour of the premises served by an on-lot system, taking samples from surface water, water wells or other groundwater sources, sampling the contents of the sewage system itself and introducing traceable substances into the interior plumbing of the structure served to ascertain the path and ultimate destination of the wastewater from the structure served. Landowners and residents shall be deemed to have consented to such inspections by their continued use of their existing on-lot sewage system after the effective date of this article. Prior notice to both the landowner and resident shall be attempted if reasonably possible. Notice to one landowner and one adult resident, if multiple owners and residents exist, shall be sufficient notice as to all. Upon completion of an inspection, a report to the Supervisors shall be prepared and copies provided to the landowner and resident. The report shall include as much of the following information as is available at the time of its preparation: (1) Date of inspection; (2) Name and address of system owner; (3) Description and diagram of system location, including location of access hatches, risers and markers; (4) Size of tanks and absorption fields; (5) Current occupant's name and number of users; (6) Description of any system malfunctions observed; (7) Results of any soil and water tests performed; and (8) Remedial actions required to correct malfunctions. C. The Township's SEO shall have the right to enter upon land for the purposes of inspection described above. In the event that access to inspect the property is denied, or if no responsible resident/owner over the age of 18 is present and a serious health or safety risk is thought to exist, the following steps shall be taken: (1) The matter will be officially presented, in writing, to the Township Supervisors. (2) The Township Supervisors may schedule a review at the next scheduled meeting of the Greene Township Board of Supervisors or, if the situation threatens the health and safety of the residents of the Township, the Board of Supervisors may commence an immediate procedure to obtain a search warrant from the District Justice. (3) Upon receipt of a search warrant to inspect the property, the authorized agent of the Township shall be accompanied by the Township's SEO. An inspection shall be completed in accordance with this subsection. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 45 of 54 D. A schedule of routine inspections may be established by the Township, if necessary, to assure the proper functioning of the on-lot sewage systems in the Township. E. The Township's SEO shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspection reveal that a system is malfunctioning, the local agency shall take action to require the property owner to correct the malfunction. § 67-59. Operation. Only normal domestic wastewater shall be discharged into any on-lot sewage system. The following shall not be discharged into such system: A. Industrial wastes. B. Automobile oil and other nondomestic oil. C. Toxic or hazardous substances, including but not limited to pesticides, disinfectants, acids, paints, thinners, herbicides, gasoline and other solvents. D. Water, including that from spouts, drains, springs and pumps. § 67-60. Maintenance. A. Pumping of tank. (1) Any person owning a building served by an on-lot sewage disposal system shall have the septic tank pumped by a licensed pumper/hauler after the effective date of this article based on the following schedule: (a) Properties located in District No. 1: within one year of the effective date of this article. (b) Properties located in District No. 2: within two years of the effective date of this article. (c) Properties located in District No. 3: within three years of the effective date of this article. (2) Thereafter, that person shall have the tank pumped out in accordance with Subsection B of this article. B. Removal of septage or other solids from treatment tanks shall be performed once every three years or whenever an inspection reveals the treatment tanks are filled with solids in excess of 1/3 of the liquid depth of the tank or filled with scum in excess of 1/3 of the liquid depth of the tank. Any person providing a receipt or other written evidence showing that their tank had been pumped or installed within two years of the effective date of this article may ask the Township to delay that person's initial required pumping to conform to the general three-year frequency requirement. C. The Township may allow septic tanks to be pumped out at less frequent intervals when the owner can demonstrate to the Township that the system can operate properly without the need of pumping for a period longer than three years, but in no case shall such period extend beyond six years. Such a request may be made at any time and must be in writing, with all supporting documents attached. The Township, in making its determination, shall take into account the information submitted by the applicant, the sewage facility permit issued by the SEO upon installation, repair or rehabilitation of the system and supporting documentation, reports of inspection and maintenance of the system and other relevant information and may conduct an on-site inspection. The applicant shall bear the cost of any inspection, surface or subsurface, as well as soil or wastes sampling conducted for the purposes of evaluating the request. The applicant shall receive a decision within 60 days of accumulation of all necessary information by the Township. D. The required pumping frequency may increase at the discretion of the Township for any of the following reasons: http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 46 of 54 (1) If the septic tank is undersized; (2) If solids buildup in the tank is above average; (3) If the hydraulic load on the system increases significantly above average; (4) If a garbage grinder is used in the building; or (5) If the system malfunctions or for other good cause shown (as determined by the SEO and the Board of Supervisors). E. Pumper's report/receipt. (1) Each time a septic tank or other subsurface waste disposal system tank is pumped, the licensed pumper/hauler who provides the service shall submit to the owner of the on-lot sewage disposal system, and the Township, a signed pumper's report/receipt containing at the minimum the following information: (a) Date of pumping. (b) Name and address of system owner. (c) Address on-lot system, if different from owner's. (d) Description and diagram of the location of the tank including the location of any markers, risers, access hatches and size of treatment tank(s). (e) Condition of treatment tank baffles. (f) Date the system was installed (estimate if necessary). (g) Date of last pump-out. (h) List of any other maintenance performed. (i) Any indications of systems malfunction observed. (j) Amount of septage or other semisolid or solid material removed. (k) List of recommendations for repair or maintenance. (l) Destination of the septage (name of facility, location of land application site). (2) A copy(ies) of the pumper's report/receipt must be received at the Township Office of the Greene Township Secretary within 30 days of the date of pumping. F. Any person owning a building served by an alternative system or on-lot sewage disposal system which contains an aerobic treatment tank shall follow the specifications and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreement shall be submitted to the municipality within six months of the effective date of this article. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals exceed those required for septic treatment tanks. G. Any person owning a building served by a cesspool, dry well or pit privy shall have that system pumped once every three years. If such a system serves a building which also uses unmonitored ground or surface water, it is recommended that the water supply be tested by a state-certified laboratory on a regular basis. Buildings utilizing such a system that are not in compliance with Act 537 regulations will replace or rehabilitate the nonconforming system with an acceptable system. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 47 of 54 H. Privately owned wastewater treatment facilities shall follow the terms of its NPDES permit and all specifications and maintenance requirements and recommendations of the equipment manufactures. I. Additional maintenance activities. (1) The Township may require additional maintenance activity as needed, including but not necessarily limited to: (a) Cleaning and unclogging of piping; (b) Servicing and the repair of mechanical equipment; (c) Leveling of distribution boxes, tanks and lines; (d) Removal of obstructing roots or trees; (e) The diversion of surface water away from the disposal area; or (f) Other means acceptable to SEO. (2) Repair permits issued by the SEO must be secured for the foregoing activities. § 67-61. System rehabilitation. A. No person shall operate and maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the Commonwealth of Pennsylvania unless a permit to discharge has been obtained from the Department and verified by the Township. B. The Township shall issue a written notice of violation to any person who is the owner of a property in the Township which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging raw or partially treated sewage without a permit. C. Within seven days of notification by the Township that a malfunction has been identified, the owner shall make application to the SEO for a permit to repair or replace the malfunctioning system. Within 30 days upon receiving the notification by the Township, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the Township, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Township shall set an extended completion date. D. The SEO shall have the authority to require the repair of any malfunction by the following methods: (1) Cleaning, repair or replacement of components of the existing system; (2) Adding capacity or otherwise altering or replacing the existing systems treatment tank; (3) Expanding the existing disposal area; (4) Replacing the existing disposal area; (5) Replacing a gravity distribution system with a pressurized system; (6) Replacing the system with a holding tank; and (7) Other alternatives as appropriate for the specific site or building. E. In lieu of, or in combination with, the remedies described above, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 48 of 54 appurtenances or they may be required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the building being served. F. In the event that the aforementioned rehabilitation measures are not feasible, or do not prove effective remedial operation, the Township may require the owner of the on-lot sewage system to apply for a permit to construct a holding tank(s) in accordance with the Township's ordinance dealing with use of holding tanks. Upon receipt of said permit, the owner shall complete construction of the system within 30 days. G. Should none of the remedies described previously prove to be totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent it feels necessary. § 67-62. Liens. The Township, upon written notice from the SEO that an imminent health hazard exists due to failure to maintain, repair or replace an on-lot sewage system as provided under the terms of this article, shall have the authority to perform or contract to have performed the work required by the SEO. The owner of the on-lot sewage system shall be charged for the work performed, and, if necessary, a lien shall be entered against this property therefore in accordance with law. § 67-63. Disposal of septage. A. All septage pumper/haulers operating within the limits of Greene Township shall be licensed with the Township and shall comply with reporting requirements established by the Township. Prior to the issuance of a license by the Township, the applicant shall submit written proof that the applicant has appropriate approval from the Pennsylvania Department of Environmental Protection and, if applicable, the Maryland Department of Environmental Protection to dispose of the septage. B. All septage originating within this On-Lot Sewage System Management District shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Protection or the Maryland Department of Environmental Protection. Approved sites or facilities shall include the following: (1) Septage treatment facilities; (2) Wastewater treatment plants; (3) Composting facilities; and (4) Approved land application sites for agricultural utilization and disturbed land reclamation. C. Septage pumper/haulers operating within Greene Township shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003). If any pumper/hauler shall have been convicted of any violation of this article, including the failure to submit the required pumping receipts, the local agency shall have the power to suspend said pumper/hauler from operating within the Township. § 67-64. Administration. A. The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purpose of this article. B. The Township shall employ qualified individuals to carry out the provisions of this article in accordance with the regulations contained in Chapter 72 of the Pennsylvania Code, Section 42. It may also contract with private qualified persons or firms as necessary to carry out the provisions of this article. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 49 of 54 C. All permits, records, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage systems shall become the property of the local agency. Existing and future records shall be available for public inspection during required business hours at the Greene Township Office. All records pertaining to sewage permits, building permits, occupancy permits, and all other aspects of the Township's On-Lot Sewage System Management District Program shall be made available, upon request, for inspection by a representative of the Department. D. The Township shall establish all administrative procedures necessary to properly carry out the provisions of this article. E. The Township shall establish by resolution a fee schedule, and subsequently collect fees, to cover the cost to the Township of administering this program. § 67-65. Appeals. A. Appeals from decisions of the Township or its authorized agent, under this article, shall be made to the Greene Township Board of Supervisors, in writing, within 30 days from the date of the decision in question. All appeals shall be in accordance with Chapter 72, Sections 26, 27 and 28 of Title 25 of the Pennsylvania Code, which deal with denial, expiration, transfer or revocation of permits. B. The appellant shall be entitled to a hearing before the Board of Supervisors at its next regularly scheduled Board meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent meeting. The Township shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal. C. A decision by the Board of Supervisors shall be rendered, in writing within 45 days of the date of the conclusion of the hearing. If decision is to approve, any terms and conditions shall be specified. If decision is to deny, reasons shall be provided therein. If a decision is not rendered within 45 days, the relief sought by the appellant shall be deemed denied by default. § 67-66. Violations and penalties. A. Any person failing to comply with any provisions of this article shall be subject to a civil penalty of not less than $500, plus court costs and attorney's fees, and not more than $1,000, plus costs and attorney's fees. All penalties collected for the violation of this article shall be paid over to the Township Treasurer. Each day of noncompliance shall be considered a separate violation. B. The remedies set forth herein are not exclusive, and the Township may elect to pursue such other statutory or common law remedies as may be available to it, in addition to the remedies available under the provisions of this article. Article VI. Septage and Sewage Sludge [Adopted 3-14-2000 by Ord. No. 2000-3] § 67-67. Title and purpose. This article shall be known and cited as the "Greene Township Septage and Sewage Sludge Management Ordinance." The purpose of this article is to provide for an escrow of funds to be held in a trust the purpose of which is to provide a fund to assure the ready availability of resources to remediate and abate the potential adverse consequences which may occur as a result of a disposal of septage and sewage sludge upon lands of Greene Township. The source of funding shall be through fees assessed against persons applying septage or sewage sludge upon the land and property owners who accept septage and/or sewage sludge on lands located within Greene Township. http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 50 of 54 § 67-68. Definitions. The following definitions shall apply for the various terms used throughout this article: DISPOSAL The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the commonwealth. HAZARDOUS WASTE Garbage, refuse or sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations and from community activities, or a combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may do one of the following: A. Cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual or the total population. B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. LAND APPLICATION Agricultural utilization or land reclamation of solid waste. The term does not include the disposal of solid waste in a landfill or disposal impoundment. MUNICIPAL WASTE Garbage, refuse, industrial lunchroom or office waste and other materials, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and sludge not meeting the definition of residential or hazardous waste from a municipal commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility. PERSON Any individual partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or state agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors. PROCESSING Technology used for the purpose of reducing the volume or bulk of municipal or residual waste or technology used to convert part or all of the waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities and resource-recovery facilities. RESIDUAL WASTE Garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations; and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous. SEPTAGE Liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives only waste or wastewater from humans or household operations. The term includes processed residential septage from a residential septage treatment facility. The term does not include liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant. SEWAGE SLUDGE http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 51 of 54 Liquid or solid sludges and other residues from a municipal sewage collection and treatment system; and liquid or solid sludges and other residues from septic and holding tank pumpings from commercial, institutional or residential establishments. The term includes materials derived from sewage sludge. The term does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of sewage sludge at a municipal sewage collection and treatment system or grit, screenings and nonorganic objects from septic and holding tank pumpings. SOLID WASTE Waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. STORAGE The containment of waste on a temporary basis which does not constitute disposal of the waste. It shall be presumed that the containment of waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary. TRANSFER FACILITY (TRANSFER STATION) A facility which receives and temporarily stores solid waste at a location other than the generation site and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing and disposal. The term includes land affected during the lifetime of the operations, including but not limited to, areas where the storage or transfer actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection and transportation facilities, closure and postclosure care and maintenance activities and other activities in which the natural surface has been disturbed as a result of or incidental to operation of a transfer station. A facility is a transfer facility regardless of whether it reduces the bulk or volume of waste. WASTE A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. § 67-69. Hauler/applicator fee. On and after the passage of this article, there is hereby imposed an escrow fee of $6 per ton on any person applying septage or sewage sludge upon any land within Greene Township, Franklin County, Pennsylvania. § 67-70. Landowner recipient fee. On or after the passage of this article, there is hereby imposed an escrow fee of $6 per ton on the owner of land who permits any person to apply septage or sewage sludge upon any land within Greene Township, Franklin County, Pennsylvania. § 67-71. Trusts. A. The Township shall establish two separate interest-bearing trusts with an accredited financial institution and shall pay into one such trust so established the moneys received under § 67-69 of this article and shall pay into the other such trust the moneys received under § 67-70 of this article. B. The trusts hereby created may be used only for remedial measures and emergency actions that are necessary to prevent or abate adverse effects upon the environment caused by the land application of septage and/or sewage sludge upon the land, provided that substantial evidence reveals the contamination was directly or indirectly caused or created in whole or in part as a result of the land application of the septage and/or sewage sludge upon the land. However, the Township may withdraw actual costs incurred in establishing and administering the trust fund in an amount not to exceed 0.5% of the moneys deposited in the fund. The funds received under § 67-69 and held in the trust created under this § 67-71 are not to be used to remediate or prevent adverse environmental effects upon the land to which the septage or sewage sludge was applied, but are solely to be used to remediate and prevent adverse environmental effects upon other lands within Greene Township which were caused by the land application of septage and/or sewage sludge. The funds received under § 67-70 and held in the trust created under this § 67-71 shall be used to remediate or prevent adverse environmental effects upon the land to which the septage or http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 52 of 54 sewage sludge was applied. For purposes of determining if the groundwater has become adversely impacted as a result of the land application of septage or sewage sludge, the standard contained in the Pennsylvania Department of Environmental Protection's Maximum Containment Levels (MCL's) for Drinking Water shall be applicable. C. The trustee shall manage the trust in accordance with laws and regulations of the Commonwealth of Pennsylvania, except that moneys in the trust shall be invested in a manner that will allow withdrawals as provided in Subsection D of this section. The trustee shall be a person whose trust activities are examined and regulated by a state or federal agency. The trustee may resign only after giving notice 120 days to the Township and after the appointment of a new trustee. The trustee shall have an office located within Franklin County, Pennsylvania. D. The trustee may release moneys from the trust only upon written request of the full Board of Supervisors of Greene Township. Such request shall include the proposed amount and the purpose of the withdrawal and a certified copy of the Board of Supervisors' written approval of the expenditure. Copies of the request shall be provided to the person or persons who applied septage and /or sewage sludge to the land, the owner of the land which is subject to the remedial or preventive action and the owner of the land to which the septage was applied. In the event that Board of Supervisors receive and expend funds from either trust in order to undertake remedial measures or emergency actions to prevent or abate adverse effects upon the environment, the Board of Supervisors shall provide written notification to the person who applied the septage and/or sewage sludge to the land and the landowner who received the septage/sewage sludge. The written notification shall identify the owner of the land and the land which is subject to the particular remediation and/or preventive action, the type of remedial action or preventive measures undertaken, the cost incurred by the Township and the trust fund from which the moneys were received which was used to pay for the cost incurred. Within 60 days of the date of said notification, the person who applied the septage and/or sewage sludge to the land which caused the contamination or, in the case of the remediation activity being conducted on the land upon which the septage or sewage sludge was applied, the landowner shall pay to the Township an amount of money equal to that which was withdrawn and used by the Township to remediate or prevent the contamination. Upon receipt of said payment, the Township shall deposit said moneys into the particular trust fund which the Township had used to pay for the costs incurred. E. The provisions of the trust agreement shall be consistent with the requirements of this article and shall be provided to the hauler/applicator. The trust agreement shall be accompanied by a formal certification of acknowledgment. F. The trust shall continue to exist relative to a particular parcel of land to which septage and/or sewage sludge has been applied until 20 years after the last application of septage or sewage sludge was made to it. At that time, the moneys remaining in the trust relative to that particular parcel of land, together with any accrued interest thereon, shall be withdrawn from the trust and be deposited in the Township's general fund for use by the Township in accordance with the Township Code. § 67-72. Fee payments. A. Payments due under §§ 67-69 and 67-70 of this article shall be made on the 15th day of the month for all septage and sewage sludge applied during the preceding month. The payment to be made by the person applying the septage and/or sewage sludge to the land shall be accompanied by a notarized affidavit, executed by the person who applied the septage or sewage sludge to the land, identifying the name of the person who applied the septage or sewage sludge to the land, the location of the land by reference to the tax parcel number for each particular tract, a location map delineating the tract or tracts of land to which the septage or sewage sludge was applied, the date or dates of application, the tonage of septage or sewage which was applied on each date, the name of the owner of the land to which the septage or sewage sludge was applied, the total tonage of septage or sewage sludge which was applied during the period of time for which the payment is made, the name and address of the generator of the septage or sewage sludge, the license number of the vehicle that transported and applied the septage or sewage sludge to the land, the weight of the transporting vehicle when loaded with the septage or sewage sludge prior to applying the septage sludge and the weight of the transporting vehicle when empty. Weights of the transporting vehicle shall be certified by weigh slips from a legally licensed truck scale and dated as http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 53 of 54 of the date the particular load of septage and/or sewage sludge was applied to the particular parcel of land. The payment to be made by the landowner upon whose land the septage and/or sewage was applied shall be accompanied by a notarized affidavit executed by the landowner, or owners in the case of multiple ownership, identifying the name of the person who applied the septage or sewage sludge to the land, the location of the land by reference to tax parcel number for each tract to which the septage was applied, the total tonage of septage or sewage sludge which was applied during the period of time for which the payment is being made, the date or dates of each land application and the tonage of septage or sewage sludge which was applied on each date. B. If a hauler/applicator or landowner fails to make timely payment of the escrow fee, the hauler/operator or landowner shall pay interest on the unpaid amount due at the rate established pursuant to Section 806 of the Act of April 9, 1929 (P.L. 343, No. 176), known as the "Fiscal Code," Editor's Note: See 72 P.S. § 1 et from the last day for timely payment to the date paid. seq. C. In addition to the interest provided in Subsection B, if the hauler/applicator or landowner fails to make timely payment of the escrow fee, there shall be added to the amount of fee actually due 5% of the amount of such fee, if the failure to file a timely payment is for not more than one month, with an additional 5% for each additional month, or fraction thereof, during which such failure continues, not exceeding 25% in the aggregate. D. If the Township determines that any hauler/applicator or landowner of septage or sewage sludge has not made a timely payment of the escrow fee, it will send a written notice for the amount of the deficiency to the hauler/applicator or landowner within 30 days from the date of determining such deficiency. When the hauler/applicator or landowner has not provided a complete and accurate statement of the weight of the septage or sewage sludge applied to the land for the payment period, the Township may estimate the weight in its deficiency notice. In the event that a hauler/applicator or landowner falls to make escrow fee payments for three months, consecutive or otherwise, he shall be prohibited from land applying septage or sewage sludge until the Township receives full payment of all sums due, including all accrued interest on the principle sum due. E. All escrow fee payments collected and held by a hauler/applicator or landowner prior to payment to the Township shall constitute a trust fund for the Township, and such trust shall be enforceable against the hauler/applicator or landowner, its representatives and any person receiving any part of such fund without consideration or with knowledge that the operator is committing a breach of trust. However, any person receiving payment of a lawful obligation of the hauler/applicator or landowner from such fund shall be presumed to have received the same in good faith and without knowledge of the breach of trust. § 67-73. Continuing liability; construal of provisions. A. Payments due under §§ 67-69 and 67-70 of this article shall not relieve either the person who applied the septage or sewage sludge to the land, the generator of the septage or sewage sludge, nor the owner of the land to which the septage or sewage sludge was applied from any and all responsibility or liability to third parties who incur damages of any nature as a result of the land application of septage or sewage sludge. The person who applied the septage or sewage sludge to the land and the landowner who permitted the septage or sewage sludge to be applied to his land shall be primarily jointly and severally liable for any damage caused as a result of the land application of septage or sewage sludge. B. Nothing in this article shall be understood or construed to, in any way, relieve the hauler/applicator of septage and/or sewage sludge nor the owner of the land receiving the same of any duty or obligation imposed by the Federal Clean Water Act, the Pennsylvania Clean Stream Law (35 P. S. §§ 691.1 through 691.101), Sections 1905-A, 1917-A and 1920-A of the Administrative Code of 1929 (71 P.S. §§ 510-5, 510-17 and 510-20), the Solid Waste Management Act (35 P.S. §§ 6018.101 through 6018.1003) and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §§ 4001.101 through 4000.1904). § 67-74. Violations and penalties. A. Any person who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 nor more than $1,000 and the costs of prosecution or, in default of payment of http://www.ecode360.com/11172829?all=true3/27/2012 Township of Greene, PA Quick ViewPage 54 of 54 such fines and costs, to undergo imprisonment of not less than 10 days nor more than 30 days. Each violation of any provision of this article and each day the same is continued shall be deemed a separate offense. For purposes of this subsection, the doing of any act or thing prohibited by any provision of this article, or the failure to do any act or thing as to which any provision of this article creates an affirmative duty, shall constitute a violation of this article, punishable as herein stated. B. The remedies provided to the Township under this article are in addition to any other remedies provided at law or in equity. § 67-75. Responsibility of Township. Nothing in this article shall be understood or construed as imposing any additional responsibility or liability upon the Township for compliance by the hauler/applicator nor the owner of the land receiving the application with the requirements of the Federal Clean Water Act, the Pennsylvania Clean Stream Law, the Solid Waste Management Act and the Municipal Waste Planning, Recycling and Waste Reduction Act and the regulations promulgated pursuant thereto. § 67-76. Applicability of other provisions. Nothing in this article shall be understood or construed to in any way authorize any person to dispose, process or store septage, sewage sludge or any other waste within the Township without securing appropriate authorization from the Pennsylvania Department of Environmental Protection. The disposal, processing and storage (including storage at a transfer station) of septage, sewage sludge and any other waste shall be conducted in strict compliance with all other applicable Greene Township ordinances, including but not limited to the Greene Township Zoning Ordinance. Editor's Note: See Ch. 105, Zoning. PrevTopNext Change ViewsContents Privacy PolicyHelpTerms of Service http://www.ecode360.com/11172829?all=true3/27/2012