A.
This Part 4 sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system of the Borough of Old Forge and enables the Borough of Old
Forge to comply with all applicable state and federal laws as required
by the Clean Water Act of 1977[1] and the general pretreatment regulations (40 CFR Part
403) and the rules and regulations of the Lower Lackawanna Valley
Sanitary Authority, a publicly owned treatment works with which the
Borough of Old Forge has a service agreement for the collection and
treatment of wastewater flowing from the sanitary sewer system of
the Borough of Old Forge.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
B.
The objectives of this Part 4 are:
(1)
To prevent the introduction of pollutants into the
wastewater system which will interfere with the operation of the system,
contaminate the resulting sludge, or be difficult to treat by conventional
means;
(2)
To prevent the introduction of pollutants into the
wastewater system which will pass through the system, inadequately
treated, into receiving streams or the atmosphere or otherwise be
incompatible with the system;
(3)
To improve the opportunity to recycle and reclaim
wastewater and sludge from the system;
(4)
To provide for equitable distribution of costs of
the municipal wastewater system; and
(5)
To provide for penalties and costs for the willful
and/or negligent violation of the provisions of this Part 4 or the
falsifying of information required by this Part 4.
C.
This Part 4 provides for the regulation of direct
and indirect contributors to the Borough of Old Forge wastewater system
through the issuance of permits to certain nondomestic users and through
enforcement of general requirements for all users; authorizes monitoring
and enforcement activities; requires user reporting; assures that
an 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 Part 4 shall apply to the Borough of Old Forge
and to persons outside the Borough of Old Forge who are, by contract
or agreement with the Borough of Old Forge, users of the Borough of
Old Forge and/or the Lower Lackawanna Valley Sanitary Authority. Except
as otherwise provided herein, the Executive Director of the Lower
Lackawanna Valley Sanitary Authority, acting as the agent of the Borough
of Old Forge, shall administer, implement, and enforce the provisions
of this Part 4.
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this Part 4, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act of 1977," as amended.[1]
The registered administrator of the EPA, Region III, until
such time the Department of Environmental Protection (PADEP) is authorized
by the EPA to administer the pretreatment program, and thereafter
the Secretary of PADEP.
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 decisionmaking
functions for the corporation; or
The manager of one or more manufacturing, production,
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding 25,000,000 (in second-quarter
1980 dollars), if 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 through C above may designate another 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 the Lower Lackawanna Valley Sanitary Authority, acting as agent for the Borough of Old Forge.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce pollution.
BMPs also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge
or raw waste disposal, or drainage from raw material storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures, as specified,
in five days at 20° C., expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1317), which applies to a specific category of users and
which appears in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
The measure of the oxygen-consuming capacity of inorganic
and organic matter present in water, sewage, industrial waste, or
other liquid as determined by standard laboratory procedure, as specified,
expressed as milligrams per liter (mg/l).
The Lower Lackawanna Valley Sanitary Authority (LLVSA).
The water discharged from any system of condensation, such
as air conditioning, cooling, or refrigeration.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
A user whose facility is engaged solely for residential purposes.
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.
The person designated by the LLVSA to supervise the operation
of the treatment plant and who is charged with certain duties and
responsibilities by this Part 4, or his duly authorized representative
as acting for the Borough of Old Forge.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.[2]
Solid waste from domestic or commercial preparation, cooking,
dispensing, or manufacturing of food or from the handling, storage,
and sale of produce.
A sample which is taken from a waste stream on a one-time
basis with no regard to flow or time.
A storage tank installed by the user to hold such industrial
waste which is prohibited from being discharged to the sanitary sewer
system and from which contents must be hauled to a disposal site.
Such tank shall not be connected to the sanitary sewer system.
The discharge or the introduction of pollutants into the
sanitary sewer system from any nondomestic user regulated under Section
307(b) or (c) of the Act.[3]
Any amount of liquid waste and waterborne liquid, gaseous,
and solid substances discharged or disposed of from any industrial,
manufacturing, trade or commercial establishment, including nonprofit
organizations, governmental agencies or business activities. Such
term shall not include discharges from sanitary convenience on the
premises, unless such flow is commingled with the above waste.
A permit to deposit or discharge nondomestic waste into the
sanitary sewer system.
The inhibition or disruption of the LLVSA treatment process
or operations which contributes to a violation of any requirements
of the LLVSA's NPDES permit. The term includes prevention of sewage
sludge use or disposal by the LLVSA in accordance with Section 405
of the Act[4] or any criteria, guidelines, or regulations developed
pursuant to the Solid Waste Disposal Act,[5] the Clean Air Act,[6] the Toxic Substances Control Act,[7] or more stringent state criteria for the disposal of waste
sludge.
Technically based limits established by the LLVSA to implement
the prohibitions of Section 403.5(a) and (b) of the Act.[8] Where specific limits are developed, such limits shall
be deemed pretreatment standards in accordance with Section 307(d)
of the Act[9] and are considered as limits for the Borough of Old Forge.
A municipal corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, under the Municipality Authorities
Act of 1945, as amended,[10] with which the municipality has a service agreement providing
for the collection and treatment of wastewater flowing from the sanitary
sewer system of the municipality. Its principal place of business
is located at Coxton Road, Post Office Box 2067, Duryea, Pennsylvania
18642.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
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,[11] which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided
that the conditions reflected in the EPA's general pretreatment regulations
contained in 40 CFR 403.3(k) are met.
A user whose property is engaged, wholly or in part, for
the manufacturing, fabricating, processing, cleaning, laundering,
bottling, or assembling of a product, commodity or article, or in
the engagement of commerce or trade.
Waste which, when analyzed, indicated a concentration of
BOD not to exceed 200 parts per million (ppm), concentration of suspended
solids not to exceed 200 ppm, and concentration of COD not to exceed
600 ppm over any twenty-four-hour period.
Any hydrocarbons, fatty acids, soaps, fats, waxes, oils,
or any other material that is extracted by addition of a solvent to
an acidified sample.
A discharge which exits the LLVSA treatment plant into the
receiving stream 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 LLVSA'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, estate, governmental
entity or any other legal entity, or their legal representatives,
agents, or assigns.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions.
The alteration of the thermal, chemical, physical, biological,
or radiological integrity of, or the contamination of, any water to
the extent that the water is rendered harmful, detrimental, or injurious
to humans, animal life, vegetation, or property or to public health,
safety, or welfare or that impairs the usefulness of the public enjoyment
of that water.
The reduction, by physical, chemical, or biological means,
of the amount of pollutants, the elimination of pollutants or the
alteration of the nature or pollutant properties in wastewater to
a less harmful state.
Any substantive or procedural requirements related to pretreatment,
other than a pretreatment standard imposed on an individual user.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Any waste which is totally restricted from discharge into
the sanitary sewer system by this Part 4.
The waterway into which the wastewater treatment plant operated
by the LLVSA discharges treated effluent, specifically the Lackawanna
River.
All of the property involved in the operation of a sanitary
facility. It includes land, wastewater lines, and appurtenances, pumping
stations, treatment works, wastewater treatment plants and general
property.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Shall is mandatory; may is permissive.
Any user subject to categorical pretreatment standards under
40 CFR 403.6; or that discharges an average flow of 25,000 gallons
or more per day of process wastewater (excluding sanitary, noncontact
cooling and boiler blowdown wastewater); or contributes a process
waste stream which makes up 5% or more of the average dry-weather
hydraulic or organic capacity of the LLVSA's treatment plant; or is
designated as such by the LLVSA, acting as the agent for the Borough
of Old Forge, on the basis that the user has a reasonable potential
for adversely affecting the LLVSA's operation or for violating any
pretreatment standard or requirement.
Any of the following:
Chronic violations, defined as those in which
66% or more of all measurements taken for each regulated pollutant
in a six-month period are in excess of the daily maximum limit or
the monthly average limit;
Technical review criteria (TRC) violations,
defined as those in which 33% or more of all measurements taken for
each regulated pollutant in a six-month period equal or exceed the
product of the daily maximum limit or the average limit multiplied
by the applicable TRC. TRC is determined to be 1.4 for BOD, TSS, oil
and grease, and 1.2 for all other pollutants, except pH;
Any other violations of an effluent limit which
the LLVSA, acting as the agent for the Borough of Old Forge, determines
has caused interferences or pass-through;
Any discharge that has caused imminent endangerment
to human health and safety;
Failure to meet a compliance schedule milestone;
Failure to provide, within 30 days after the
due date, required reports;
Failure to report noncompliance;
Any other violation or groups of violations
which the LLVSA, acting as the agent for the Borough of Old Forge,
determines to adversely affect the operation of its approved pretreatment
program.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The additional sewerage service charges levied against any
person for discharging abnormal industrial waste into the sanitary
system.
The total suspended matter that floats on the surface of,
or is suspended in, water, and which is removable by filtration.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under provisions
of Section 307(a) of the Act.[12]
Any person, including corporations or other legal entities,
who contributes, causes or permits the contribution of wastewater
into the LLVSA treatment system.
Sewage, industrial waste or wastes and drainage water.
Any arrangement of structures used for treating wastewater
by the LLVSA, including treatment plants, interceptor lines and pump
stations.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 33 U.S.C. § 1317.
[3]
Editor's Note: See 33 U.S.C. § 1317(b) and (c).
[4]
Editor's Note: See 33 U.S.C. § 1345.
[5]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[6]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[7]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[8]
Editor's Note: See 40 CFR 403.5(a) and (b).
[9]
Editor's Note: See 33 U.S.C. § 1317(d).
[10]
Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.
[11]
Editor's Note: See 33 U.S.C. § 1317(c).
[12]
Editor's Note: See 33 U.S.C. § 1317(a).
