A.
This chapter sets forth uniform requirements for users of the publicly
owned treatment works for the Township of Hempfield and enables Hempfield
Township to comply with all applicable state and federal laws, including
the Clean Water Act (33 United States Code [U.S.C.] § 1251
et seq.) and the General Pretreatment Regulations (Title 40 of the
Code of Federal Regulations [CFR] Part 403).
B.
The objectives of this chapter are to:
(1)
Prevent the introduction of pollutants into the wastewater system
of THTMA which will interfere with the operation of the collection
or treatment systems including interference with the use or disposal
of the resulting sludge;
(2)
Prevent the introduction of pollutants into the wastewater system
of THTMA which will pass through the system, inadequately treated,
into receiving waters or the atmosphere or otherwise be incompatible
with the system;
(3)
Prevent the introduction of pollutants into the wastewater system
of THTMA which would expose THTMA personnel to chemical hazards.
(4)
Improve the opportunity to recycle and reclaim wastewaters and sludges
from the system; and
(5)
Provide for equitable distribution of the cost of the municipal wastewater
system.
(6)
Enable THTMA to comply with its National Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and
any other federal or state laws to which the publicly owned treatment
works is subject.
C.
This chapter provides for the regulation of all the users of the
publicly owned treatment works through the issuance of permits to
certain nondomestic users and through enforcement of general requirements
for the other users, authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing customer's capacity
will not be preempted and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
D.
This chapter shall apply to Hempfield Township and to persons outside
Hempfield Township who are, by contract or agreement with Hempfield
Township, users of the sewage treatment plant of THTMA.
Except as otherwise provided herein, the manager of the sewage
treatment plant of THTMA shall administer, implement and enforce the
provisions of this chapter.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this chapter, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administration in an NPDES state with an approved
state pretreatment program and the Regional Administrator in a non-NPDES
state or NPDES state without an approved state pretreatment program.
The program administered by THTMA that meets the criteria
established by 40 CFR 403.8 and 403.9 and which has been approved
by a Regional Administrator or State Director in accordance with 40
CFR 403.11.
If the user is a corporation:
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision making function
for the corporation; or
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility, including
having the explicitly or implicitly duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit (or general permit) requirements; and
where authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship; a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility;
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsections A, B, and C, above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to THTMA.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 67A-5 and 67A-6 [40 CFR 403.5 (a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant-site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of concentration (milligrams per liter
mg/l).
A sewer conveying wastewater from the premises of a user
to the wastewater system of Hempfield Township or THTMA.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
§ 1317) that apply to a specific category of users and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The term "Control Authority" shall refer to the "approval
authority," defined hereinabove; or the manager of THTMA if there
is an approved pretreatment program applicable under the provisions
of 40 CFR, 403.11.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The chief administrative officer of a state or interstate
water pollution control agency with an NPDES permit program approved
pursuant to Section 402(b) of the Act and an approved state pretreatment
program.
The United States Environmental Protection Agency, or where
the term may also be used as a designation for the Regional Water
Protection Division Director, the Regional Administrator, or other
duly authorized official of said agency.
Any source of discharge that is not a "new source."
A sample which is taken from a waste stream with no regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of pollutants in the sewage
treatment plant of THTMA from any nondomestic source.
A source of indirect discharge.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both inhibits or disrupts the sewage
treatment plant or THTMA, its treatment processes or operations, or
its sludge processes, use or disposal; and, therefore, is a cause
of a violation of any requirements of THTMA Sewage Treatment Plant'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 Substance Control Act,
and the Marine Protection, Research and Statuaries Act.
Isolation wastes, infectious agency, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(C) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility, or installation
meeting the criteria of Subsection A(2) or (3) of this definition
but otherwise alters, replaces, or adds to existing process or production
equipment.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun or caused to begin, as part of a continuous on-site construction
program.
Any placement, assembly, or installation of facilities, or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this subsection.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A permit issued to a POTW pursuant to Section 402 of the
Act.
A state (as defined in 40 CFR 122.2) or interstate water
pollution control agency with an NPDES permit program approved pursuant
to Section 402(b) of the Act.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estates, governmental
entity, or any other legal entity; of their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The reduction of the amount of pollutants, or the alteration
of the nature of pollutant properties in wastewater prior to, or in
lieu of, introducing such pollutants into a POTW. The reduction or
alteration may be obtained by physical, chemical, or biological processes;
by process changes or by other means, except as prohibited by 40 CFR
403.6(d). Appropriate pretreatment technology includes control equipment,
such as equalization tanks or facilities, for protection against surges
or slug loadings that might interfere with or otherwise be incompatible
with the POTW. However, where wastewater from a regulated process
is mixed in an equalization facility with unregulated wastewater or
with wastewater from another regulated process, the effluent from
the equalization facility must meet an adjusted pretreatment limit
calculated in accordance with CFR 403.6(e).
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by THTMA. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling, and reclamation or sewage or industrial wastes of a liquid
nature and any conveyances, which convey wastewater to a treatment
plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Except as provided in Subsection B of this definition, a significant industrial user of the wasetewater disposal system of THTMA is defined as:
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; and
An industrial user that:
Discharges an average of 25,000 gallons per average workday
or more of process wastewater to POTW excluding sanitary, noncontact
cooling and boiler blowdown wastewater; or
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Has in their wastes toxic pollutants as defined pursuant to
Section 307 of the Act of (State) Statutes and Rules; or
Is found by THTMA, State Control Agency, or the U.S. EPA to
have significant impact, either singly or in combination with other
contributing industries, on the wastewater treatment system, the quality
of sludge, the system's effluent quality, or air emissions generated
by the stream, or
Is designated as such by the control authority on the basis
that the industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment
standard or requirement (in accordance with 40 CFR 403.8(f)(6).
Upon finding that an industrial user meeting the criteria in Subsection A of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that unless the industrial user is classified as a categorical industrial user.[1]
Refer to Article V.
Any discharge at a flow rate or concentration, which would cause a violation of the prohibited discharge standards in § 67A-5 or 67A-6 of this chapter. A slug discharge is any discharge of a nonrouting, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
participation, and resulting therefrom.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of CWA 307(a) or other Acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW. A source of indirect discharge.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
As set forth in § 67A-18 of this chapter.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
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.
[1]
Editor's Note: So in original.
The following abbreviations when used in this chapter shall
have the designated meanings:
|
Abbreviation
|
Meaning
|
|---|---|
|
BOD
|
Biological oxygen demand
|
|
BMP
|
Best management practice
|
|
BMR
|
Baseline monitoring report
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
Categorical industrial user
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
Environmental Protection Agency
|
|
gpd
|
Gallons per day
|
|
IU
|
Industrial user
|
|
l
|
Liter
|
|
mg
|
Milligrams
|
|
mg/l
|
Milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
NSCIU
|
Nonsignificant categorical industrial user
|
|
POTW
|
Publicly owned treatment works
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
SIC
|
Standard Industrial Classification
|
|
SIU
|
Significant industrial user
|
|
SNC
|
Significant noncompliance
|
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et. seq.
|
|
TSS
|
Total suspended solids
|
|
USC
|
United States Code
|
