City of Pittston, PA Industrial Wastewater Discharges

This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City of Pittston and enables the City to comply with all applicable state and federal laws 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 Wyoming Valley Sanitary Authority, a POTW, with which the City has a service agreement for the collection and treatment of domestic and industrial wastewater flowing from the sewer system of the City of Pittston.

[1]

Editor's Note: See 33 U.S.C. § 1251 et seq.

The objectives of this article are:

(a)

To prevent the introduction of pollutants into the municipality wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(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 or otherwise be incompatible with the system;

(c)

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

(d)

To provide for equitable distribution of the cost of the municipal wastewater system; and

(e)

To provide for civil penalties and costs for the willful and negligent violation of the provisions of this article, or the falsifying of information required by this article.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

This article 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 general requirements for the other users, 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.

(4)

This article shall apply to the City of Pittston and to persons outside the City who are, by contract or agreement with the City, users of the City POTW. This article is a supplement to Ordinance No. 2 (1965), as amended. Except as otherwise provided herein, the Executive Director of the Wyoming Valley Sanitary Authority shall administer, implement, and enforce the provisions of this article.

Definitions. 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 registered administrator of EPA, Region III, until such time as the Department of Environmental Protection is authorized by EPA to administer the pretreatment program, and, thereafter, the Secretary of DEP.

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;

BIOCHEMICAL OXYGEN DEMAND (BOD)

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)].

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CATEGORICAL STANDARDS

National Categorical Pretreatment Standards or pretreatment standards.

CITY

The City of Pittston or the City Council of Pittston.

CONTROL AUTHORITY

Shall refer to the Executive Director of the Wyoming Valley Sanitary Authority, the publicly owned treatment works, obliged to collect and treat the wastewater discharged from the City of Pittston's sewer system.

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of Pennsylvania.

ENVIRONMENTAL PROTECTION AGENCY or EPA

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.

EXECUTIVE DIRECTOR

The person designated by the Wyoming Valley Sanitary Authority to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis, with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INTERFERENCE

The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA),[2] the Clean Air Act,[3] the Toxic Substances Control Act,[4] 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.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

Any pretreatment standard under Section 307(c) of the Act which will be applicable if such standard is thereafter promulgated in accordance with that section.

PERSON

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 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 grams per liter of solution.

POLLUTANT

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, and industrial, municipal, and agricultural waste discharged into water.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

POTW TREATMENT PLANT

The collection and treatment facilities of the Wyoming Valley Sanitary Authority, consisting of a treatment plant, interceptor lines and pump stations.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination 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, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirements related to pretreatment other than a national pretreatment standard imposed on an industrial user.

PUBLICLY OWNED TREATMENT WORKS (POTW)

The Wyoming Valley Sanitary Authority, a municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania under the Municipality Authorities Act of 1945, as amended,[5] with which the City of Pittston has a service agreement providing for the collection and treatment of domestic and industrial wastewater flowing from the sewer system of the City of Pittston.

SHALL

Is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER

Any industrial user of the City's wastewater disposal system who:

Has a discharge flow of 25,000 gallons or more per average workday; or

Has a flow greater than 5% of the flow in the City's wastewater treatment system; or

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or state statutes and rules; or

(4)

Is found by the City, state control agency or the United States 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.

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

State of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids and which is removable by laboratory filtering.

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 Section 307(a) of the Act or other acts.

USER

Any person, including corporations or other legal entities, who contributes, causes or permits the contribution of wastewater into the Wyoming Valley Sanitary Authority's POTW.

WASTEWATER

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.

WASTEWATER CONTRIBUTION PERMIT

As set forth in § 386-14B of this article.

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.

[2]

Editor's Note: See 42 U.S.C. § 6901 et seq.

[3]

Editor's Note: See 42 U.S.C. § 7401 et seq.

[4]

Editor's Note: See 15 U.S.C. § 2601 et seq.

[5]

Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.

Abbreviations. 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	Milligrams
	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.
	USC	United States Code
	TSS	Total suspended solids

§ 386-12 Regulations and standards.

General discharge prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

(a)

Any liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the City, the state or EPA has notified the user is a fire hazard or a hazard to the system.

(b)

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubrication oil, mud, or glass grinding or polishing wastes.

(c)

Any wastewater having a pH less than 6.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.

(d)

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

(e)

Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(f)

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act,[1] the Clean Air Act,[2] the Toxic Substances Control Act,[3] or state criteria applicable to the sludge management method being used.

[1]

Editor's Note: See 42 U.S.C. § 6901 et seq.

[2]

Editor's Note: See 42 U.S.C. § 7401 et seq.

[3]

Editor's Note: See 15 U.S.C. § 2601 et seq.

(g)

Any substance which will cause the POTW to violate its NPDES and/or residual disposal permit or the receiving water quality standards.

(h)

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(i)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40º C. (104º F.).

(j)

Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a sludge load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities, or flow during normal operation.

(k)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Executive Director in compliance with applicable state and federal regulations.

(l)

Any wastewater which causes a hazard to human life or creates a public nuisance.

When the Executive Director determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Executive Director shall advise the user(s) of the impact of the contribution on the POTW and develop effluent limitation(s) for such user to correct the interference with the POTW.

Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The Executive Director shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

Modification of federal categorical pretreatment standards. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the City may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(b)(2) of Title 40 of the Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7, are fulfilled and prior approval from the approval authority is obtained.

State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.

City's right of revision. The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 386-11A of this article.

Excessive discharge. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant-specific limitation developed by the City or state. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in § 386-12A, e.g., the pH prohibition.)

Accidental discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the WVSA for review and shall be approved by the WVSA before construction of the facility. All existing users shall complete such a plan by January 1, 1985. No user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the WVSA. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include the location of the discharge, type of waste, concentration and volume, and corrective actions.

Written notice. Within five days following an accidental discharge, the user shall submit to the Executive Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

§ 386-13 Fees.

Purpose. It is the purpose of this article to provide for the recovery of costs from users of the WVSA's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the WVSA's schedule of charges and fees.

Charges and fees.

The City may adopt charges and fees, which may include:

(a)

Fees for reimbursement of costs of setting up and operating the City's pretreatment program;

(b)

Fees for monitoring, inspections and surveillance procedures;

(c)

Fees for reviewing accidental discharge procedures and construction;

(d)

Fees for permit applications;

(e)

Fees for filing appeals;

(f)

Fees for consistent removal (by the WVSA) of pollutants otherwise subject to federal pretreatment standards;

(g)

Other fees as the City may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the City.

§ 386-14 Administration.

Wastewater dischargers. It shall be unlawful to discharge without a permit to any natural outlet within the City of Pittston, to the sewer system of the City of Pittston, or on any area under the jurisdiction of said City and/or to the Wyoming Valley Sanitary Authority any wastewater, except as authorized by the Executive Director in accordance with the provisions of this article or the rules and regulations of the Wyoming Valley Sanitary Authority, as amended.

Wastewater contribution permits.

General permits. All significant users proposing to connect to or to contribute to the WVSA shall obtain a wastewater discharge permit from the WVSA pursuant to its rules and regulations governing the issuance of wastewater permits, before connecting to or contributing to the WVSA. All existing significant users connected to or contributing to the WVSA shall obtain a wastewater contribution permit within 180 days after the effective date of this article.

Pretreatment.

Users shall provide necessary wastewater treatment as required to comply with this article and the rules and regulations of the WVSA, as amended, and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the WVSA shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the WVSA for review and shall be acceptable to the WVSA before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the WVSA under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the WVSA prior to the user's initiation of the changes.

The City shall annually publish in one newspaper of general circulation a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

Monitoring facilities. All the user's facilities shall be monitored by the WVSA at the user's own expense. This monitoring shall be accomplished pursuant to the rules and regulations of the WVSA, as amended.

Inspection and sampling. All inspection and sampling of the users within the City of Pittston, or persons using the sewage facilities of the City of Pittston, shall be performed by the WVSA pursuant to its rules and regulations, as amended, and such reports of inspections and samplings shall be made available to the City at its request. The EPA shall have the right to set upon the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the WVSA, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

§ 386-15 Enforcement.

Harmful contributions.

The City, through WVSA, may suspend the wastewater treatment when such suspension is necessary, in the opinion of WVSA, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City or WVSA shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the WVSA treatment system or endangerment to any individuals. Reinstatement of the wastewater contribution permit which shall be issued by the WVSA shall be governed by the rules and regulations of the WVSA, as amended.

Revocation of permit. An user who violates the following conditions of this article and/or the rules and regulations of the WVSA, as amended, or any applicable state and federal regulations is subject to having their permit revoked in accordance with the procedures of this section:

Failure of a user to factually report the wastewater constituents and characteristics of their discharge;

Failure of the user to report significant changes in operations or wastewater constituents and characteristics;