A.
Pittston City (hereinafter the "municipality") owns and operates
a wastewater collection system which is subject to a service agreement
with the Wyoming Valley Sanitary Authority for the collection and
treatment of wastes and sewage collected by such system and contributed
by residents of the municipality.
B.
This chapter sets forth uniform requirements for direct and indirect
contributors into the wastewater collection system and enables the
municipality and the Authority to comply with all applicable state
and federal laws as required by the Federal Clean Water Act of 1977,[1] the general pretreatment regulations (Title 40, Code of
Federal Regulations, Part 403), the Pennsylvania Clean Streams Law,[2] and the provisions of the service agreement.
C.
The objectives of this chapter are:
(1)
To prevent the introduction of pollutants into the wastewater collection
and treatment system which will interfere with the operation of the
system, contaminate the resulting sludge, be difficult to treat by
conventional means or otherwise be incompatible with the system;
(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, causing pollution;
(3)
To improve the opportunity to recycle and reclaim wastewater and
sludges from the system; and
(4)
To provide for equitable distribution of costs occasioned by the
acceptance of industrial or other wastes of unusual characteristics.
D.
This chapter provides for the regulation of contributors to the municipal
wastewater system through the establishment of standards for discharge
of wastes; by authorizing the issuance of permits to certain nondomestic
users; by providing general requirements for all users; by authorizing
monitoring and enforcement activities; by requiring certain reporting
by users; and by providing for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
E.
This chapter shall apply to all persons who discharge wastes, wastewater
or sewage into the sanitary sewer system of the municipality. Except
as otherwise provided herein, the Executive Director of the WVSA shall
administer, implement, and enforce the provisions of this chapter.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this chapter, have the meanings hereinafter
designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act of 1977," as amended, 33 U.S.C. § 1251
et seq.
The administrator of the EPA, Region III, or the Department
of Environmental Protection (PADEP) if duly authorized by the EPA
to administer the pretreatment program.
The person authorized to sign required reports, as defined
at 40 CFR 403.12(l).
Schedules of activities, prohibition of practices, maintenance procedures, and other management practices to implement the provisions of this chapter, including the prohibitions listed in § 464-3 and other pretreatment standards and requirements. BMPs also 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. For purposes of determining significant noncompliance under § 464-42 of this chapter, BMPs are considered a narrative pretreatment standard or requirement.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, as specified,
in five days at 20° C., expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
An industrial user that is subject to a National Categorical
Pretreatment Standard.
The measure of the oxygen-consuming capacity of inorganic
and organic matter present in water, sewage, industrial wastewater,
or other liquid as determined by standard laboratory procedure, as
specified, expressed as milligrams per liter (mg/l).
The WVSA.
The water discharged from any system of condensation, such
as air conditioning, cooling, or refrigeration, and which does not
contain any pollutants or contaminants at levels which would require
regulation under this chapter. Cooling water which contains pollutants
or contaminants which requires regulation shall be considered industrial
wastewater.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The normal waterborne sewage and other wastes normally discharged
by a household, including toilet wastes, laundry, washwater and other
gray water, and similar wastes.
A user who discharges only domestic sewage.
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 as such by the WVSA to supervise the
operation of WVSA facilities, or his or her duly authorized representative.
A sample which is taken from a waste stream on a one-time
basis with no regard to flow and over a period of time not exceeding
15 minutes.
A storage tank installed by the user to hold such industrial
wastewater which is prohibited from being discharged to the sanitary
sewer system and from which the contents must be hauled to a disposal
site. Such tank shall be approved by the municipality and 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.
Any user that discharges industrial wastewater.
Liquid waste and waterborne liquid, gaseous, and solid substances
(except domestic sewage which is separately discharged) that are discharged
from any industrial, manufacturing, trade or commercial establishment,
including nonprofit organizations, governmental agencies or business
activities. If domestic sewage is mixed with industrial wastewater,
the mixture is industrial wastewater.
A permit authorizing the discharge of industrial wastewater
into the sanitary sewer system.
The inhibition or disruption of the WVSA treatment process
or operations such as to cause or threaten to cause or contribute
to a violation of any requirement of the WVSA's NPDES permit,
including an increase in the magnitude or duration of any violation.
The term includes prevention of sewage sludge use or disposal by the
WVSA in accordance with Section 405 of the Act,[1] or any criteria, guidelines, or regulations developed
pursuant to the Solid Waste Disposal Act (including the RCRA),[2] the Clean Air Act,[3] the Toxic Substances Control Act,[4] or any more stringent state criteria for the use or disposal
of sewage sludge.
Indirect discharge limits, which may include best management
practices, established by the WVSA as required by 40 CFR 403.5(c)
(which such limits shall be deemed pretreatment standards), and any
other limits developed by WVSA to implement the provisions of this
chapter or the WVSA rules and regulations.
EPA-promulgated indirect discharge standards for certain
industrial process categories under Section 307(b) and (c) of the
Act,[5] which are codified at 40 CFR Chapter I, Subchapter N,
Parts 405 through 471.
Any source, the construction of which is commenced after
publication of proposed pretreatment standards under Section 307(c)
of the Act[6] which will be applicable to such source, if such standard
is thereafter promulgated, as defined at 40 CFR 403.3(m)(1).
A user engaged, wholly or in part, in the manufacturing,
fabricating, processing, cleaning, laundering, bottling, or assembling
of a product, commodity or article, or in any commerce or trade and
which discharges, or has the capacity to discharge, wastewater other
than domestic sewage.
An industrial user subject to National Categorical Pretreatment
Standards that is determined by the control authority to be a nonsignificant
industrial user on a finding that it never discharges more than 100
gallons per day of industrial waste subject to National Categorical
Pretreatment Standards and that the following conditions are met:
The industrial user, prior to the control authority's determination,
has consistently complied with all applicable categorical pretreatment
standards and requirements.
The industrial user annually submits the following certification
statement, together with any additional information necessary to support
the certification statement:
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"Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR (insert applicable section), I certify that, to the best
of my knowledge and belief, during the period from __________ to __________
(month, day, year): a) The facility described as __________ (facility
name) met the definition of a "nonsignificant categorical industrial
user" as described in 40 CFR 403.3(v)(2); b) the facility complied
with all applicable pretreatment standards and requirements during
this reporting period; and c) the facility never discharged more than
100 gallons of total categorical wastewater on any given day during
this reporting period. This compliance certification is based upon
the following information. ____________________."
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The industrial user never discharges any untreated concentrated
wastewater.
The result of the Hexane Extractable Materials Test, EPA
Method 1664, or an equivalent method approved by EPA.
A discharge which exits the WVSA treatment plant into the
receiving stream in quantities or concentrations which, alone or in
conjunction with a discharge or discharges from other sources, causes
or contributes, or threatens to cause or contribute, to a violation
of any requirement of the WVSA'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 violation of any water quality standard or criterion
established by the PADEP through regulation, rule, permit or order
shall be pollution.
The reduction, by physical, chemical, or biological means,
of the amount or rate of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater
to a less harmful state prior to discharge, except by means prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, which is imposed on an industrial
user.
National Categorical Pretreatment Standards and national
prohibited standards as stated at 40 CFR 403.5, and local limits developed
to implement the national prohibited standards.
Any waste which is totally restricted from discharge into
the sanitary sewer system by this chapter.
All of the property involved in the operation of a sanitary
sewer collection and treatment facility, including but not limited
to land, wastewater lines, appurtenances, pumping stations, metering
chambers, and the wastewater treatment plant, whether owned by the
municipality, the WVSA, or any other person.
"Shall" is mandatory; "may" is permissive.
Any user, not classified as a nonsignificant industrial user
by the WVSA:
That is subject to National Categorical Pretreatment Standards;
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
That contributes a process waste stream which makes up 5% or
more of the average dry-weather hydraulic or organic capacity of the
WVSA's treatment plant; or
That is designated as such by the WVSA on the basis that the
user has a reasonable potential for adversely affecting the WVSA's
operation or for violating any pretreatment standard or requirement.
As defined in § 464-42 of this chapter.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge,
which has reasonable potential to cause interference or pass-through
or in any other way violate the provisions of this chapter, any industrial
wastewater discharge permit, or any provision of the WVSA rules and
regulations.
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.
An additional service charge levied against any person for
discharging wastewater into the sanitary sewer system that requires
additional handling, treatment, disposal, or other costs.
The total suspended matter that floats on the surface of,
or is suspended in, water and which is removable by filtration.
A municipal corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, under the Municipality Authorities
Act of 1945, as amended,[7] 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. The principal place of business
of the WVSA is located at 1000 Wilkes-Barre Street, Wilkes-Barre,
PA 18711.
Pollutants designated by the EPA under the provisions of
Section 307(a) of the Act,[8] as listed on Tables II and III of Appendix D of 40 CFR
Part 122.
Any person who contributes, causes or permits the contribution
of wastewater into the WVSA.
Domestic sewage, industrial wastewater, and any other wastes
or waterborne matter discharged, deposited or released by any person.
The facilities owned and operated by the WVSA for the treatment
and disposal of wastewater.
All facilities owned, maintained, or operated by the WVSA,
including the treatment plant, interceptor sewers, pumping stations,
and other such facilities.
[1]
Editor's Note: See 33 U.S.C. § 1345.
[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: See 33 U.S.C. § 1317(b) and (c).
[6]
Editor's Note: See 33 U.S.C. § 1317(c).
[7]
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.
[8]
Editor's Note: See 33 U.S.C. § 1317(a).
