[Ord. 12-1992, 5/13/1992, § 1.1; as amended by
Ord. 15-2003, 12/12/2003]
1.
This Chapter sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system owned
and operated by the Borough of Conshohocken Authority within this
Borough, and enables the Borough to comply with applicable Sate and
Federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR Part 403).
2.
It is declared that enactment of this Chapter is necessary for the
protection, benefit, and preservation of the health, safety and welfare
of inhabitants of this Borough.
3.
The objectives of this Chapter are:
A.
To prevent the introduction of pollutants into the municipal wastewater
system which will cause interference with the operation of the system,
contaminate the resulting sludge or otherwise be incompatible with
the system.
B.
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.
C.
To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system.
D.
To provide for equitable distribution of the cost for the implementation
of the Borough of Conshohocken Authority's Municipal Industrial
Pretreatment Program.
4.
This Chapter provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits
to certain users and through enforcement of general requirements for
the other users. It also authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing customers' capacity
will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
5.
This Chapter shall apply to persons within the Borough and to persons
outside the Borough who are users of the Authority POTW. Except as
otherwise provided herein, the Authority shall administer, implement
and enforce the provisions of this Chapter.
6.
Nothing contained in this Chapter shall be construed as preventing
any special agreement or arrangement between the Authority and any
users within or outside of the Borough whereby a waste of unusual
strength or character may be accepted by the Authority by special
agreements in writing, executed prior to such acceptance, containing
safeguards, limitations, and conditions acceptable to the Authority.
No such agreement or arrangement, however, shall waive or abrogate
any national categorical pretreatment standard or requirements.
[Ord. 12-1992, 5/13/1992, § 1.2; as amended by
Ord. 15-2003, 12/12/2003]
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.
U.S. Environmental Protection Agency (EPA).
The Borough of Conshohocken Authority.
If the industrial user is a corporation, authorized representative
shall mean:
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 functions
for the corporation.
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons, if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
If the industrial user is a partnership, or sole proprietorship,
an authorized representative shall mean a general partner or proprietor,
respectively.
If the industrial user is a Federal, State or local governmental
facility, an authorized representative shall mean a director or highest
official appointed or designated to oversee the operation and performance
of the activities of the government facility, or his/her 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 Authority.
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 Conshohocken, Montgomery County, Pennsylvania
A sewer conveying wastewater from the premises of a user
to the POTW.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
National Categorical Pretreatment Standards or pretreatment
standards.
The water discharged from any use, such as air conditioning,
cooling, or refrigeration or to which the only pollutant added is
heat.
This term shall refer to the Authority, since the Authority
has an approved pretreatment program under the provisions of 40 CFR
403.11.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
Equivalent domestic unit with the following wastewater characteristics:
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Flow
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262.5 gpd
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Ammonia –Nitrogen as N
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25 mg/l
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BOD
|
250 mg/l
| |
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Phosphate as P
|
10 mg/l
| |
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Suspended Solids
|
250 mg/l
| |
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TKN
|
40 mg/l
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Oil and Grease
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100 mg/l
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The U.S. 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 on a one-time
basis over a period of time not to exceed 15 minutes with no regard
to the flow in the waste stream and without consideration of time.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
Any property within or outside of this Borough upon which
there is erected a structure intended for continuous or periodic habitation,
occupancy, or use by human beings or animals and from which structure
wastewater shall be or may be discharged.
The discharge or the introduction of pollutants into the
POTW including holding tank waste discharged into the system and any
nondomestic source regulated under § 307 (b), (c) or (d)
of the Act and 40 CFR 403.3(g).
An industrial source of indirect discharge.
A discharge which alone or in conjunction with a discharge
or discharges from other sources:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and,
Therefore, is a cause of a violation of the Authority's
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
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, commonly referred to as the Resource Conservation
and Recovery Ace (RCRA); any State regulations contained in any State
sludge management plan prepared pursuant to Subtitle D of the SWDA;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection Research and Sanctuaries Act.
Any regulation containing pollutant discharge limits promulgated
by the EPA at 40 CFR, Parts 401-471, in accordance with § 307(b)
and (c) of the Act (33 U.S.C. § 1317) which applies to a
specific category of industrial users.
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 from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under § 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.
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 engaged in the same general type of activity,
as the existing source will 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 subsections (2) or (3) above, but otherwise
alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin as part of a continuous onsite construction
program:
Any placement, assembly, or installation of facilities or equipment.
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures or facilities which are
necessary for the placement, assembly or installation of new source
facilities or equipment.
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 that can
be terminated or modified without substantial loss, or contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this subsection.
any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
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 estate, governmental
entity, the United States and its agents, any other legal entity or
their legal representatives, agents or assigns. The masculine gender
shall include the feminine, this 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 grams per liter 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 or industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater, including recycling and reclamation of municipal sewage
and industrial wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, 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 a POTW. The reduction or alteration
can be obtained by physical, or chemical or biological processes or
process changes by 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 a user.
The 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 Chapter, "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 Authority, users of the
Authority's POTW.
Any pipe or conduit constituting a part of the POTW used
or usable for sewage collection services.
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SHALL — Is mandatory; MAY — is permissive or discretionary.
The use of the singular shall be construed to include the plural and
the plural shall include the singular as indicated by the context
of its use
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Applies to:
Industrial users subject to categorical pretreatment standards.
Any other industrial user that:
Discharges an average of 25,000 gpd or more of process wastewater.
Contributes a process waste stream that makes up 5% or more
of the average dry weather hydraulic or organic capacity of the treatment
plant.
Is designated as "significant" by the 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.
As set forth in § 18-404(1) of this chapter.
A user is in significant noncompliance if its violations
meet one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined 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 sample pollutant parameter.
Technical review criteria (TRC) violations, defined as those
in which 33% or more of all the measurements for each pollutant parameter
taken during a six-month period equal or exceed the product of the
daily average maximum limit or the average limit times 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 caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of it emergency authority to halt or prevent
such a discharge.
Failure to meet, within 90 days after the scheduled 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 meet, 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
with compliance schedules.
Failure to report noncompliance accurately.
Any other violation or group of violations that the control
authority determines will adversely affect the operation or implementation
of the local pretreatment program.
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
precipitation and resulting therefrom.
The person designated by the Authority who is charged with
certain duties and responsibilities by this Chapter, or his duly authorized
representative, deputy, or agent.
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquids and that is removable
by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA under the provision of § 307
(33 U.S.C. § 1317) of the Act.
Any person who contributes, causes or permits the contribution
of wastewater into the Authority's POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any ground water, surface water and stormwater that
may be present, whether treated or untreated which is contributed
into or permitted to enter the Authority's POTW.
As set forth in § 18-144 of this Chapter.
As set forth in § 18-142 of this Chapter.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifiers, irrigation systems, drainage
systems and all other bodies or accumulation 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.
[Ord. 12-1992, 5/13/1992, § 1.3; as amended by
Ord. 15-2003, 12/12/2003]
The following abbreviations shall have the designated meanings:
A.
BOD — Biochemical Oxygen Demand.
B.
CFR — Code of Federal Regulations.
C.
COD — Chemical Oxygen Demand.
D.
EPA — U.S. Environmental Protection Agency.
E.
gpd — Gallons per day.
F.
I — Liter.
G.
mg — Milligrams.
H.
mg/l — Milligrams per liter.
I.
NPDES — National Pollutant Discharge Elimination System.
J.
POTW — Publicly Owned Treatment Works.
K.
RCRA — Resource Conservation and Recovery Act.
L.
SIC — Standard Industrial Classification.
M.
SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
N.
TSS — Total Suspended Solids.
O.
USC — United States Code.
