Except as otherwise provided herein, the General Manager (or
person of similar responsibilities regardless of title) of the sewage
treatment plant of THTMA shall administer, implement and enforce the
provisions of this article.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
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 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 pretreatment program.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER
A.
If the user is a corporation:
(1)
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 function
for the corporation; or
(2)
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 explicit or implicit 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.
B.
If the user is a partnership or sole proprietorship; a general
partner or proprietor, respectively.
C.
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.
D.
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.
BEST MANAGEMENT PRACTICES or BMP
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §
133-56A and
B [40 CFR 403.5(a)(A) 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.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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).
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to the wastewater system of Hempfield Township or THTMA.
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 405-471.
CONTROL AUTHORITY
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.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
DAILY MAXIMUM LIMIT
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.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
DIRECTOR
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.
ENVIRONMENTAL PROTECTION AGENCY or EPA
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.
GRAB SAMPLE
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.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
INSTANTANEOUS LIMIT
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.
INTERFERENCE
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.
LOCAL LIMIT
Specific discharge limits developed and enforced by THTMA upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) and §
133-56A and
B of this article.
MEDICAL WASTE
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.
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
MONTHLY AVERAGE LIMIT
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.
NEW SOURCE
A.
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 and thereafter promulgated in accordance with that
section, provided that:
(1)
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
(2)
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(3)
The production of wastewater generating processed 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 extend 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.
B.
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 A(3) of this definition
but otherwise alters, replaces, or adds to existing process or production
equipment.
C.
Construction of a "new source" as defined under this definition
has commenced if the owner or operator has:
(1)
Begun or caused to begin, as part of a continuous on-site construction
program:
(a)
Any placement, assembly, or installation of facilities, or equipment;
or
(b)
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
(2)
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 definition.
NON-CONTACT COOLING WATER
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
NPDES STATE
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.
PASS-THROUGH
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).
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estates, governmental
entity, or any other legal entity, or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
POLLUTANT
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).
PRETREATMENT
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).
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
PRETREATMENT STANDARD
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
PUBLICLY OWNED TREATMENT WORKS or POTW
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.
SEPTIC TANK WASTE
Any sewage from holding tanks, such as vessels, chemical
toilets, campers, trailers, and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dishwashing
operations, etc.).
SIGNIFICANT INDUSTRIAL USER (SIU)
A.
Except as provided in Subsection
B of this definition, a "significant industrial user" of the wastewater disposal system of THTMA is defined as:
(1)
All industrial users subject to categorical pretreatment standards
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(2)
An industrial user that:
(a)
Discharges an average of 25,000 gallons per average workday
or more of process wastewater to POTW (excluding sanitary, non-contact
cooling and boiler blowdown wastewater; or
(b)
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
(c)
Has in its wastes toxic pollutants as defined pursuant to Section
307 of the Act of (State) Statutes and Rules; or
(d)
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
(e)
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)].
B.
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.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration which would cause a violation of the prohibited discharge standards in §
133-56A or
B of this article. A slug discharge is any discharge of a non-routing, episodic nature, including but not limited to an accidental spill or a non-customary 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.
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.
STORMWATER
Any flow occurring during or following any form of natural
participation, and resulting therefrom.
TOXIC POLLUTANT
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.
USER or INDUSTRIAL USER
Any person who contributes, causes or permits the contribution
of wastewater into the POTW. A source of indirect discharge.
WASTEWATER
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.
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.
The following abbreviations when used in this article shall
have the designated meanings:
BMP
|
Best Management Practice
|
BMR
|
Baseline Monitoring Report
|
BOD
|
Biological Oxygen Demand
|
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
|
Non-Significant 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 USC § 6901 et seq.
|
TSS
|
Total Suspended Solids
|
USC
|
United States Code
|
THTMA shall annually publish in the legal ads department of
the local newspaper, a list of the users which were in significant
noncompliance with any pretreatment requirements or standards at any
time during the 12 previous months in accordance with 40 CFR 403.8(f)(2)(vii).
The notification shall also summarize any enforcement actions taken
against the user(s) during the same 12 months. The term "significant
noncompliance" shall be applicable to all significant industrial users
(or any other industrial user that violated Subsections C, D and H
of this section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by and any magnitude) a numeric pretreatment standards or requirement, including instantaneous limits as defined in §
133-56.
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by §
133-56, multiplied by the applicable criteria (1.3 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or requirement as defined by §
133-56 (daily maximum, long-term average, instantaneous limits, or narrative standard) that the General Manager determines has caused, alone, or in combination with other discharges, interference or pass-through, including endangering the health of the POTW personnel or the general public;
D. Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the General
Manager's exercise of its emergency authority to halt or prevent such
a discharge;
E. Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or a general permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
F. Failure to provide within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of best management
practices, which the General Manager determines will adversely affect
the operation or implementation of the local pretreatment program.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits, general permits, and monitoring programs, and from the General
Manager's inspection and sampling activities, shall be available to
the public without restriction, unless the user specifically requests,
and is able to demonstrate to the satisfaction of the General Manager,
that the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions 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 immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined at 40 CFR 2.302, shall not be
recognized as confidential information and shall be available to the
public without restriction.