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Township of Upper Saucon
Lehigh County, Pennsylvania
Ordinance NO. 143
AN ORDINANCE providing for the Installation, Use and maintenance of Off-Line Flow Equalization Facilities Designed to Recieve, Retain and Discharge Sewage for Residential and Commerical Uses PURSUANT TO
THE AUTHORITY GRANTED BY THE SECOND CLASS TOWNSHIP CODE.
Section 1: Legislative findings
Whereas, the Board of Supervisors (hereinafter, “Board”) of Upper Saucon Township (hereinafter, “Township”) is aware that the Upper Saucon Township Municipal Authority (hereinafter, “USTMA”) and Upper Saucon Sewage Treatment Authority (hereinafter, “USSTA”) issued a Resolution on December 31, 2007, lifting the prohibition on new sewer connections in certain areas of the Township serviced by the South Branch Interceptor (hereinafter, “Resolution”); and
WHEREAS, the prohibition was consistent with the interpretation of the Authorities and the Pennsylvania Department of Environmental Protection (hereinafter, “PADEP”) of the phrase “Existing overload” as appears in 25 Pa. Code 94.21, which made the imposition of a prohibition mandatory in circumstances involving the occurrence of an existing overload; and
WHEREAS, over a period of years, the USSTA and USTMA addressed the ongoing prohibition in their Annual Wasteload Management Reports submitted to PADEP, and in the course of approving said Reports, PADEP acknowledged and/or approved the prohibition; and
WHEREAS, the Resolution correctly stated that in December, 2007,and in the course of certain litigation, the Township and the Authorities were first informed of a change in interpretation by PADEP of the phrase “Existing overload” and the application of that interpretation to circumstances involving the South Branch Interceptor and the prohibition placed on certain segments thereof in accordance with the mandate of Section 94.21; and
WHEREAS, that change in interpretation caused the Authorities to issue the Resolution and end the prohibition; and
WHEREAS, the Board is advised that the areas previously covered by the prohibition and lifted by the Resolution are now subject to a “Projected overload” within the meaning of 25 Pa. Code 94.22; and
WHEREAS, Section 94.22 requires that the Township and Authorities develop and implement a corrective action plan to fix deficient segments of the sanitary sewer collection system in the South Branch Interceptor and related lines and perform an analysis of the affected areas of the sewer system through modeling to establish a connection program for the purpose of avoiding overflow incidents while repairs are being made; and
WHEREAS, the sewer collection system modeling is complete; and
WHEREAS, the modeling reveals that Off-line flow equalization (hereinafter, “OLFE”) facilities are required as a pre-condition to additional connections in order to avoid overflow conditions in areas where the prohibition has been lifted by the Resolution; and
WHEREAS, the Board is cognizant that such facilities must be properly engineered, properly and efficiently operated, discreetly located, blended with surroundings and visually minimized; and
WHEREAS, the Board considers such facilities to be public improvements and/or common amenities as those terms are used in the MPC and therefore subject to review and construction as part of the land development process set forth in Article V of the MPC; and
WHEREAS, this Ordinance is intended to establish specifications, guidelines and performance, site, installation, use and maintenance requirements for OLFE facilities; and
WHEREAS, the Township’s Subdivision and Land Development Ordinance (hereinafter, “SALDO”) contains general requirements relating to sanitary sewage and capacity; and
WHEREAS, the MPC permits generally, but does not require, that a SALDO address sanitary sewer issues; and
WHEREAS, Article 25 of the Second Class Township Code (hereinafter, “SCTS”) grants specific authority to the Board to, among other things, establish and construct sanitary sewer systems; and
WHEREAS, Article 15 of the SCTC addresses Corporate Powers of the Board and at Sections 1517 and 1522 specifically grants authority to the Board to enact and enforce ordinances governing and regulating sanitation and use of buildings, houses and structures and the installation of individual or community sewage treatment facilities, respectively; and
WHEREAS, Article 15 of the SCTC and Section 1506 thereof grants certain general powers to the Board to, among other things, make and adopt ordinances, rules and regulations not inconsistent with the Constitution or laws of the Commonwealth necessary for the maintenance of the health and welfare of the Township and its citizens, trade, commerce and manufacturers; and
WHEREAS, the Board finds that the regulation of OLFE facilities is specifically and generally authorized by the SCTC, and that this Ordinance is enacted pursuant thereto.
NOW, THEREFORE, the Upper Saucon Township Board of Supervisors does hereby enact and ordain as follows:
SECTION 2: ORDINANCE TEXT
A. Purpose and Intent.
The purpose of this Ordinance is to establish procedures for the use and maintenance of OLFE facilities designed to receive, retain, and discharge sanitary sewage from residential or commercial subdivision and/or land development sewage systems. Such facilities are required to address hydraulic overload conditions downstream in the Township’s and Authorities’ sanitary sewer collection/ interceptor system. These facilities are intended to be temporary in nature and intended to be used to control discharges when high sewage flows may make sanitary sewer temporarily unavailable due to hydraulic overload conditions. These facilities shall, at a minimum, meet the requirements of this Ordinance as well as the regulatory requirements set forth in Title 25 Pa. Code Chapter 94 and PADEP guidance documents regarding existing and projected overloads. It is hereby declared that the enactment of this Ordinance is necessary for the protection, benefit and preservation of the health safety and welfare of the inhabitants of the Township.
B. Definitions.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:
“Board” shall mean the governing body of Upper Saucon Township, Lehigh County, Pennsylvania;
“Developer” shall mean an individual or other legal entity which proposes or is engaged in “land development” as that term is defined in the Pennsylvania Municipalities Planning Code, as amended (hereinafter, “MPC”);
“Equalization tank” shall mean a watertight receptacle, designed and constructed in accordance with the requirements of this Ordinance and, which receives and detains sewage flow for a period of time until the receiving sewer has available capacity to convey the flows and further includes all necessary appurtenances thereto necessary to implement and the use of and operate such facilities.
“Equivalent dwelling unit (EDU)” shall mean:
(1). as to residential structures, a private single dwelling; each dwelling unit in a double house, row of connecting houses, or in an apartment, any room or group of rooms; house trailer or any other residential enclosure occupied or intended for occupancy as separate living quarters by a family, other groups of persons living together or by persons living alone, and shall be equal to 226 gallons per day (hereinafter, “gpd”) for storage tank capacity calculations; and
(2). as to non-residential structures, the number of EDU’s shall be based upon an estimate approved by the Township or, if available, the actual water consumed during the quarter for which the use was in full-time operation, and shall equal 226 gpd for storage tank calculations;
“Land development” shall have the same definition as that set forth in the MPC;
“NPDES permit” shall mean the National Pollution Discharge Elimination System Permit issued by PADEP to the USSTA allowing the discharge of treated wastewater to the North Branch of the Saucon Creek;
“Off-line flow equalization (OLFE)” shall mean a process and a sewage facility consisting of mechanical, plumbing and electrical components (together with all appurtenances thereto and necessary to meet applicable specifications) designed to operate as a single system for the purpose of preventing sewage flow from entering the sanitary sewer collection system during high flow or surcharging conditions;
“Owner” shall mean any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township;
“PADEP” shall mean Pennsylvania Department of Environmental Protection;
“Person” shall mean any individual, partnership, company, association, corporation or other legal entity;
“Sanitary sewer collection system” shall mean the municipal sanitary sewer system owned by the USSTA and USTMA and operated by the Township;
“Sewage” shall mean any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substance being harmful or inimical to the public health or to animal or aquatic life or to the use of water for domestic water supply or for recreation;
“Structure” shall have the same definition as that utilized in the Upper Saucon Township Zoning Ordinance, as amended (hereinafter, “ZO”);
“Subdivision” shall have the same definition as that set forth in the MPC;
“Township” shall mean Upper Saucon Township, Lehigh County, Pennsylvania;
“USEPA” shall mean the United States Environmental Protection Agency;
“USSTA” shall mean the Upper Saucon Sewage Treatment Authority, Lehigh County, Pennsylvania; and
“USTMA” shall mean the Upper Saucon Township Municipal Authority, Lehigh County, Pennsylvania.
C. Rights and Privileges Granted.
The Board is hereby authorized and empowered to undertake within the Township control over the manner and methods of retaining and equalizing sewage flows discharged to the sanitary sewer collection system and is further authorized and empowered to adopt such specifications, rules and requirements concerning the regulation of sewage flow which it may deem necessary from time to time to effect the purposes herein, all subject to any requirements and approvals of PADEP. All such specifications, rules, regulations and requirements shall conform to this Ordinance, all other applicable ordinances of the Township and all applicable laws and regulations of PADEP, USEPA, and other relevant administrative agencies of the Commonwealth of Pennsylvania and the federal government, as well as the requirements of the NPDES Permit.
D. Planning and Permitting.
All planning and permitting required to construct the OLFE facilities shall be the sole responsibility of the Developer, which shall obtain all necessary permits and other approvals from all federal, state, county and local governmental bodies or agencies prior to construction. OLFE facilities shall constitute public improvements and common amenities as those terms are used in the MPC and Article V of the MPC, the Township SALDO, the ZO and all other Township ordinances relating to land development shall govern the review, approval and construction of said facilities.
E. OLFE Facility Requirements.
The Developer shall submit a detailed design of the OLFE facility as part of the preliminary land development plan approval process and no certification of capacity shall become final until the design of the facilities and all applicable site requirements are conditionally approved by the Board, and the Developer accepts any lawful conditions of approval which may be imposed. Nothing contained herein shall preclude the Township’s sewer engineer from issuing a certification of capacity conditioned upon the Developer’s acceptance of the lawful conditions of approval. In addition, the Developer shall provide an engineer’s report outlining the design criteria used for the proposed OLFE facility. The engineer’s report shall include all proposed construction for and all methods of operation of the facility. The engineer’s report shall be signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania. All OLFE facilities serving land developments utilizing the sanitary sewer collection system shall meet the following minimum requirements.
(1). Equalization tank. The equalization tank shall be an open top-type tank. The tank shall be designed as having either steel or concrete walls and a concrete floor. Regardless of the material of construction used, the tank shall be designed for a minimum service life of 25 years. The tank floor shall be designed to prevent solids accumulation during operation. The tank shall have exterior and interior coatings as approved by the Township Sewer Engineer. If the tank is located below grade at any point, it shall be provided with cathodic protection to prevent deterioration of the tank walls. The tank shall have a minimum storage capacity of five (5) days of sewage flow from the subdivision, calculated as follows: Minimum Capacity (gal) = Number of EDU’s X 226 gpd/EDU X 5 days.
(2). Diversion chamber. The OLFE facility shall include a diversion chamber that is capable of stopping the discharge of sewage flows from the subdivision and diverting the same to the equalization tank. The chamber shall be a concrete structure and shall include an automatic gate or other approved device.
(3). Pump station. The OLFE facility shall include a submersible pump station. Depending on the facility configuration and topography, the pump station will be used either to transfer sewage to, or from, the equalization tank. If the topography of the site permits, the Developer may eliminate the need for the pump station if the facility is operated by gravity flow. The pump station shall have sufficient hydraulic capacity to transfer the peak sewage flows generated by the land development. In addition, the pump station shall include a standby pump with a capacity equal to the largest pump included with the pump station. The pump station shall include all controls required for operation. All controls shall be located in a control building.
(4). Aeration system. The equalization tank shall be equipped with an aeration system. This system shall have sufficient oxygen transfer capacity to mix the tank contents and maintain a minimum dissolved oxygen concentration within the tank of 2.0 mg/l. The aeration system shall meet or exceed all PADEP requirements for wastewater aeration systems as outlined in the latest version of the PADEP Domestic Wastewater Facilities Manual or any successor publication.
(5). Emergency power supply. The OLFE facility shall have an emergency generator unit for providing emergency power. The generator unit shall be diesel driven and shall have sufficient output power to operate all electrical equipment in the facility. The emergency power generator shall include a transfer switch that shall be able to automatically control the following functions:
(a). transfer power from grid power to emergency power supply,
(b). transfer power from emergency power to grid power supply,
(c). control emergency generator unit for both emergency power supply operations and periodic maintenance operations,
(d). monitor incoming grid power supply and emergency power supply for abnormalities that could damage electrical equipment at the facility and
(e). alarm Township staff of any power disruption or other condition including non-operation of the generator unit.
(6). Controls and instrumentation. The facility shall include the following instrumentation:
(a). automatic control system for diverting flows to the equalization tank,
(b). alarm system including auto-dialer,
(c). flow meter and chart recorder for measurement of quantity of flow diverted to equalization tank and
(d). chart recorder for monitoring quantity of sewage in the Equalization Tank.
(7). Downstream flow metering station. The Developer shall install all necessary flow metering stations and all required instrumentation in the downstream sewer system. All flow metering equipment shall be compatible with equipment utilized by Township staff and subject to review and approval by the Township Sewer Engineer. The Developer shall provide for and install all control signals from the downstream flow monitoring equipment to the OLFE facility. The Developer may be required to provide more than one downstream flow monitoring station. The number of monitoring stations shall depend upon downstream conditions and available capacity at the point of discharge to the sanitary sewer collection system as determined by the Township Sewer Engineer.
(8). Truck loading facilities. The OLFE facility shall be equipped with a truck loading station. The loading station shall have adequate access for tanker type tractor trailer units.
(9). Control building. The facility shall include a control building. The building shall be constructed of either pre-cast concrete or masonry type material, subject to review and approval by the Township Sewer Engineer. The building shall have a stone exterior face as approved by the Township and shall be of sufficient size to contain the emergency generator unit, aeration blowers and all electrical controls and instrumentation. Noise reduction measures shall be utilized to limit noise associated with the operation of the equipment installed therein. The building shall include necessary ventilation for operation of the emergency generator and access shall be provided for maintenance and replacement of all equipment located within the building.
(10). Miscellaneous. All equipment provided as part of OLFE facilities shall be manufactured by reputable companies and shall have been manufactured for at least a five (5) year period prior to submission for approval. All equipment shall have a documented source of repair parts required for continued maintenance. A water supply with adequate operating pressure for cleaning and maintenance of the facility shall be provided.
F. Site Requirements.
The following site requirements shall apply to all OLFE facilities:
(1). All structures forming a part of the OLFE Facility shall be located no less than 85 feet from any property line and in any event, no less than 100 feet from any primary residential structure, whether existing or proposed;
(2). No structure forming a part of the OLFE facility shall exceed twenty (20) feet in height as measured from the lowest grade point along the structure;
(3). The equalization tank shall be of a color which causes it, to the greatest extent possible, to blend into the surroundings and which color is approved by the Township;
(4). The OLFE facilities shall be surrounded by a five (5) foot high landscape (planting) berm, located so as to minimize the visual impact of the facilities from the surrounding properties;
(5). There shall be installed along the top of the landscape berm a landscape screen meeting the requirements of the ZO;
(6). The OLFE facilities shall be surrounded by a vinyl coated chain link fence which is no less than six (6) feet in height and which shall be of a color approved by the Township; and
(7). The locations of all structures forming a part of the OLFE facilities shall be subject to the review and approval of the Township consistent with the legislative findings set forth in Section I, above.
The Board may grant a modification to one or more of these site requirements where the literal enforcement of the same will exact an undue hardship due to the peculiar condition of the property or where there exists an alternative that is determined to be equal or better than that required hereunder. The modification must be consistent with the purpose and intent of this Ordinance and must not be contrary to the public interest. The modification request shall be in writing, and the burden of proof shall be upon the Developer. In granting a modification, the Board may place reasonable conditions upon the Developer consistent with the purpose and intent of this Ordinance.
G. Observation and Approval Requirements.
The material, equipment, construction and/or installation of all facilities provided for hereunder shall be subject to the observation and approval by the Township Sewer Engineer or its delegated representative, and all equipment proposed to be provided hereunder shall be submitted for approval to the Township Sewer Engineer in accordance with the approved plans using the procedures outlined in the USTMA Standard Specifications. The Developer shall reimburse to the Township all costs and fees associated with submittal review, construction observation and related construction management functions performed by the Township Sewer Engineer or its designated representative in accordance with the requirements and procedures of Article V of the MPC.
H. Ownership and Operation of Off-line Equalization Facilities.
The Township shall operate and maintain all OLFE facilities. Upon completion of construction and final approval by the Township, all OLFE facilities shall be dedicated to, or sold by nominal bill of sale to, the USTMA, and the same shall become part of the municipal sanitary sewer system leased to, and operated by, the Township. At the option of the Township, the Developer shall dedicate to the USTMA or to the Township land and/or an easement, necessary for access, operation, maintenance, repair and demolition of the OLFE facility.
I. Operation and Maintenance Fee.
Upon final engineering review and approval and as a condition of commencement of operation of the OLFE facilities, the Developer shall pay to the Township an operation and maintenance fee in an amount to be calculated using a formula prepared by the Township Sewer Engineer. The formula shall address the estimated, twenty-five (25) year costs to be incurred by the Township for, among other things, operation, maintenance, repair, replacement, insurance, utilities, fuel, demolition, decommissioning and inspection of or for the facilities, fencing, buffer and surrounding land in the possession or control of the Township. The formula shall be approved by resolution of the Board and may be amended from time to time by resolution. No certificate of occupancy shall be granted for the land development or any part thereof until such time as the OLFE facilities have been approved and the fee paid. All such funds paid by the Developer shall be placed in a segregated, escrow account for the sole use and benefit of the Township, the USTMA and the USSTA and the Township shall be permitted to draw against the account to meet the obligations and requirements of this Ordinance, the NPDES Permit and any requirements of regulatory agencies. If following the decommissioning and demolition of the OLFE facilities and the final payment of all obligations incurred hereunder there remains in the escrow account funds paid by the Developer, such funds shall be reimbursed to the Developer within thirty (30) days, provided that the Developer shall provide current contact information to the Township. In the event that the Township does not receive current contact information for the Developer, the remaining funds shall be transferred to the Township’s general fund and the reimbursement obligation shall end.
J. Special Sewer Rate Districts.
The Township, USTMA and/or USSTA are hereby authorized to establish special sewer rate districts in order to finance the continued operation and maintenance of OLFE facilities in the event that the necessity for such facilities continues beyond the twenty-five (25) year period established in Section I, above. Such districts and rates shall be established in accordance with applicable law.
K. Violations.
Any person who violates any provision of this Ordinance shall upon conviction thereof in summary proceedings, be liable to the maximum penalty provided by law. Nothing contained herein shall be construed to limit the remedies of the Township, USSTA and/or USTMA, and the Township, USSTA and/or USTMA shall have all remedies provided by law, legal and equitable.
L. Minimum Standards.
This Ordinance sets forth the minimum standards for OLFE facilities and to the extent that any other laws, regulations, rules or ordinances provide for more stringent standards or requirements, the latter shall apply and become a part hereof.
SECTION 3: EFFECTIVE DATE
This Ordinance shall become effective five (5) days after enactment by the Board.
SECTION 4: REPEALS
Except as otherwise stated in Section 2K, above, all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict
SECTION 5: SAVINGS CLAUSE
To the extent that any word, phrase, portion or provision of the text herein is found by any court of competent jurisdiction to be invalid, void or unconstitutional; such word, phrase, portion or provision shall, to the extent possible, be deemed to be repealed and those remaining valid portions of the text shall remain in full force and effect, provided that the same can be accomplished without the structure of this Ordinance having been destroyed by elimination of that word, phrase, portion or provision found to be invalid or void.
DULY ENACTED AND ORDAINED this day of , 2008, by the Board of Supervisors of the Township of Upper Saucon of Lehigh County, Pennsylvania, by a lawful session duly assembled.
TOWNSHIP OF UPPER SAUCON
BOARD OF SUPERVISORS
___________________________________
CHAIRMAN
___________________________________
VICE CHAIRMAN
___________________________________
SUPERVISOR
___________________________________
SUPERVISOR
___________________________________
SUPERVISOR
ATTEST:
___________________________________
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