A.
This part sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system for the Borough of Pottstown ("Borough") and enables the Township
to comply with all applicable state and federal laws including the
Clean Water Act of 1977 and the General Pretreatment Regulations (40
CFR, Part 403).
B.
The objectives of this part are:
(1)
To prevent the introduction of pollutants into the
municipal wastewater system which will interfere with the operation
of the system or contaminate the resulting sludge.
(2)
To prevent the introduction of pollutants into the
municipal wastewater system which will pass through the system inadequately
treated into receiving waters or the atmosphere or otherwise be incompatible
with the system.
(3)
To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system.
(4)
To provide for equitable distribution of the cost
of the municipal wastewater system.
C.
This part provides for the regulation of direct and
indirect contributors to the municipal wastewater system through the
issuance of permits to certain nondomestic users and through enforcement
of specific 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 part shall apply to the Township of Lower Pottsgrove
and to persons within the Township who are users or industrial users
of the Township collection system and the Borough publicly owned treatment
works ("POTW"). Except as otherwise provided herein, the Superintendent
of the Borough POTW shall administer, implement and enforce the provisions
of this part.
E.
No statement contained in this part shall be construed
as preventing any special agreement or arrangement between the Borough/Township
and any industrial users within or out of the Township whereby a waste
of unusual strength or character may be accepted by the Borough by
special agreement, in writing, executed prior to such acceptance,
containing safeguards, limitations and conditions acceptable to the
Borough/Township which shall comply with all applicable state and
federal laws including the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR, Part 403).
[Amended 3-23-1995 by Ord. No. 192; 11-4-1996 by Ord. No.
200]
Unless the context specifically indicates otherwise,
the following terms and phrases as used in this part, 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 Administrator of the EPA.
An authorized representative of an industrial user may be:
A principal executive officer of at least the
level of vice president if the industrial user is a corporation.
A general partner or proprietor if the industrial
user is a partnership or proprietorship, respectively.
A duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the indirect discharge originates.
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 weight and concentration [milligrams
per liter (mg/l)].
The Borough of Pottstown or the Borough Council of Pottstown
or the Burgess and Town Council of the Borough of Pottstown.
The Pottstown Borough Authority.
A sewer conveying wastewater from the premises of a user
to the POTW.
A sewer conveying wastewater from the premises of a user
to the POTW.
An agreement entered into by the Superintendent or his duly
authorized representative for assurance of voluntary compliance, or
other similar document establishing an agreement with any user responsible
for noncompliance. Such document will include specific action to be
taken by the user to correct the noncompliance within a time period
specified by the document. Such document shall have the same force
and effect as an administrative order and shall be judicially enforceable.
The Borough of Pottstown or its Superintendent of Utilities.
The water discharge from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
Equivalent domestic unit with the following wastewater characteristics:
|
Flow
|
300 gpd
| |
|
Ammonia - nitrogen
|
25 mg/l as N
| |
|
BOD
|
250 mg/l
| |
|
Phosphate
|
10 mg/l as P
| |
|
Suspended solids
|
150 mg/l
| |
|
TKN
|
40 mg/l as N
|
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.
A sample which is taken from a waste stream over a period
of time not to exceed 15 minutes with no regard to the flow in the
waste stream.
The part of precipitation that infiltrates the ground and
creates the zone of saturation.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge of the introduction of pollutants into the
POTW, including holding tank waste discharged into the system and
any source regulated under § 307(b), (c) or (d) of the Act.
CLASS 1Any user of the Township's wastewater disposal system who:
Has a discharge flow of 25,000 gallons or more
per average workday.
Has flow greater than 5% of the flow in the
Borough's wastewater treatment system.
Has in its wastes any of the 126 priority pollutants
as defined pursuant to § 307 of the Act or Pennsylvania
statutes and rules.
Is subject to federal categorical standards.
Is found by the Borough, Pennsylvania Department
of Environmental Protection (PA DEP) or the U.S. Environmental Protection
Agency (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 system.
CLASS 2Any user of the Borough's wastewater disposal system that discharges nondomestic pollutants in amounts that, on a routine basis, have an insignificant impact on the treatment system but may have the potential to impact the collection or treatment system or to violate the prohibited discharge limitations in the Authority's ordinance. This class also includes any industry which presents the potential to cause sewer obstruction, slug loads or chemical spills.
CLASS 3Any user of the Borough's wastewater disposal system that discharges only sanitary wastes, has dry processes or is considered to have an insignificant impact on the POTW.
As set forth in § 185-39 of this part.
Material and/or chemicals that kill or restrict the ability
of organisms to treat wastes.
The inhibition or disruption of the POTW treatment processes
or operations or its sludge processes, use or disposal which alone
or in conjunction with a discharge or discharges from other sources
causes a violation of any requirement of the Borough's NPDES permit
(including an increase in the magnitude or duration of a violation).
The term includes prevention of sewage sludge use or disposal by the
POTW in accordance with § 405 of the Act, 33 U.S.C. § 1345,
or any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act, the Marine Protection, Research and Sanctuaries Control
Act, or more stringent state criteria, including those contained in
any state sludge management plan prepared pursuant to Title IV of
SWDA, applicable to the method of disposal or use employed by the
POTW.
The rate of discharge of a pollutant expressed as a weight
per unit of time, usually as pounds or kilograms per day.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) and 40 CFR, Chapter 1, Subchapter N or 40 CFR, Parts 401 to 471, which applies to a specific industry.
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of 307(b) of
the Act and 40 CFR 403.5.
Any building, structure, facility or installation or any
other qualifier found in 40 CFR 403.3(k) from which there is or may
be discharge of pollutants, including an increase in the magnitude
or duration of a violation, the construction of which commenced after
the publication of proposed pretreatment standards under § 307(c)
of the Act.
A discharge which exits the POTW system into waters of the
United States in quantities which may serve to cause a violation or
increase in magnitude or duration of a violation of the POTW's NPDES
permit.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, 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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in standard units of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, industrial, municipal and agricultural waste and
certain wastewater containing pollutants such as pH, temperatures,
BOD and so forth, discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutants or the
alteration of the nature of pollutant properties in wastewater to
a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into the POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes or process
changes other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment
other than a national pretreatment standard imposed on an industrial
user.
Any water that has become wastewater due to the chemical
or physical natures of the water; water used to manufacture or produce
any product.
A treatment works as defined by § 212 of the Act
(33 U.S.C. § 1292), which is owned in this instance by the
Authority. This definition includes any sewers that convey wastewater
to the POTW treatment plant but does not include pipes, sewers or
other conveyances not connected to a facility providing treatment.
For the purposes of this part, "POTW" shall also include any sewers
that convey wastewaters to the POTW from persons outside the Borough
who are, by contract or agreement with the Borough, users of the Borough's
POTW.
That portion of the POTW designed to provide treatment of
wastewater.
"Shall" is mandatory; "may" is permissive.
A user subject to categorical pretreatment standards.
A user that:
Discharges an average of 25,000 gallons per
day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater).
Contributes a process wastestream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant.
Is designated as such by the Borough on the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or by violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Borough may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
An industrial user is in significant noncompliance if its
violation meets one or more of the following criteria:
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all the measurements
taken during a six-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant parameter.
Technical review criteria (TRC) violations,
defined here as those in which 33% or more of all of the measurements
for each pollutant parameter taken during a six-month period equal
or exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil
and grease, and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment effluent
limit (daily maximum or longer-term average) that the control authority
determines has caused, alone or in combination with other discharges,
interference or pass-through (including endangering the health of
POTW personnel or the general public).
Any discharge of a pollutant that has cause
imminent endangerment to human health, welfare or to the environment
or has resulted in the POTW's exercise of its emergency authority
to halt or prevent such discharge.
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction or attaining final compliance.
Failure to provide, within 30 days after the
due date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports and reports on
compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which
the control authority determines will adversely affect the operation
or implementation of the local pretreatment program.
Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which would cause violation of the prohibited discharge standards in § 185-26.
State of Pennsylvania.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
Precipitation that does not enter the ground through infiltration
nor is returned to the atmosphere by evaporation; flows over the ground
surface; includes man-made supplies of water.
The person designated by the Borough to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this part, or his duly authorized representative.
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquids and which is removable
by laboratory filtering.
An interaction between two or more individual compounds which
produces an injurious effect upon the body (or an organism) which
is greater than either of the substances alone would have produced;
compound may be characterized as temperature.
The Township of Lower Pottsgrove or the Commissioners of
Lower Pottsgrove Township.
The Municipal Authority of Lower Pottsgrove Township.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provisions of CWA § 307(a) or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
The liquid and water-carried industrial 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 is contributed into
or permitted to enter the POTW.
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.
The following abbreviations shall have the designated
meanings:
|
BOD
|
Biochemical Oxygen Demand
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
Chemical Oxygen Demand
|
|
EPA
|
Environmental Protection Agency
|
|
l
|
Liter
|
|
mg
|
Milligram
|
|
mg/l
|
Milligrams Per Liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
POTW
|
Publicly Owned Treatment Works
|
|
SIC
|
Standard Industrial Classification
|
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
|
|
U.S.C.
|
United States Code
|
|
TSS
|
Total Suspended Solids
|
