A.Â
This part sets forth uniform requirements for users of the publicly
owned treatment works (POTW), owned and operated by the Municipal
Authority of the Borough of Punxsutawney and the Borough of Punxsutawney,
and enables the Authority and the Borough to comply with all applicable
state and federal laws, regulations, and permits, including without
limitation, the Federal Clean Water Act (33 U.S.C. § 1251
et seq.), the General Pretreatment Regulations (40 CFR 403). The objectives
of the part are:
(1)Â
To prevent the introduction of pollutants into the POTW that will
interfere with its operation;
(2)Â
To prevent the introduction of pollutants into the POTW that will
pass through the POTW, inadequately treated, into receiving waters,
or otherwise be incompatible with the POTW;
(3)Â
To protect both POTW personnel who may be affected by wastewater
and sludge in the course of their employment and the general public;
(4)Â
To promote reuse and recycling of industrial wastewater and sludge
from the POTW; and
(5)Â
To enable the Borough to comply with its National Pollutant Discharge
Elimination System (NPDES) permit conditions, sludge use and disposal
requirements, and any other federal or state laws to which the POTW
is subject.
B.Â
This part shall apply to all users of the POTW. This part authorizes
the issuance of individual wastewater discharge permits; provides
for monitoring, compliance, and enforcement activities; establishes
administrative review procedures; and requires user reporting for
the Pretreatment Program established herein.
Except as otherwise provided herein, the Pretreatment Coordinator
shall administer, implement, and enforce the provisions of this part.
Any powers granted to or duties imposed upon the Pretreatment Coordinator
may be delegated by the Pretreatment Coordinator to a duly authorized
Borough employee.
The following abbreviations, when used in this part, shall have
the designated meanings:
A.Â
BMP - best management practice.
B.Â
BMR - baseline monitoring report.
C.Â
BOD - biochemical oxygen demand.
D.Â
Borough - Borough of Punxsutawney, Jefferson County, Pennsylvania.
E.Â
CFR - Code of Federal Regulations.
F.Â
CIU - categorical industrial user.
G.Â
COD - chemical oxygen demand.
H.Â
CWA - Clean Water Act, "The Act."
I.Â
DEP or PADEP - Pennsylvania Department of Environmental Protection.
J.Â
EPA - United States Environmental Protection Agency.
K.Â
GPD - gallons per day.
L.Â
IU - industrial user.
M.Â
LEL - lower explosive limit.
N.Â
mg/L - milligrams per liter.
O.Â
NPDES - National Pollutant Discharge Elimination System.
P.Â
NOV - notice of violation.
Q.Â
NSCUI - nonsignificant categorical industrial user.
R.Â
O&M - operation and maintenance.
S.Â
PADEP - Pennsylvania Department of Environmental Protection.
T.Â
POTW - publicly owned treatment works.
U.Â
RCRA - Resource Conservation and Recovery Act.
V.Â
SIC - standard industrial classification.
W.Â
SIU - significant industrial user.
X.Â
SNC - significant noncompliance.
Y.Â
SPCC - spill prevention control and countermeasure.
Z.Â
TRC - technical review criteria.
AA.Â
TSS - total suspended solids.
BB.Â
U.S.C. - United States Code.
Unless a provision explicitly states 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 EPA Region III or duly authorized
official of the agency.
A program administered by a POTW that meets the criteria
established in 40 CFR 403.8 and 40 CFR 403.9 and which has been approved
by the Regional Administrator of EPA Region III in accordance with
40 CFR 403.11.
The Municipal Authority of the Borough of Punxsutawney, an
authority of the Municipality Authorities Act of 1945, as amended
and supplemented. Note: See 53 Pa.C.S.A. § 5601 et seq.
If the user is a corporation:
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; or
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 requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
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.
The individuals described in Subsections A through 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 the Pretreatment Coordinator.
If an authorization under Subsection D, above, is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection D, above, must be submitted to the Control Authority prior to or together with any reports to be signed by an Authorized Representative. (See 40 CFR § 403.12(l))
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 192-73 of this part and 40 CFR 403.5(a)(1) 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. (See 40 CFR 403(e)) Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits. If a BMP is to be used in place of an approved local limit or prohibition (rather than in addition to an approved limit or prohibition) the BMP would be considered a program modification and must be approved by the approval authority prior to implementation. Approved BMPs do not relieve a user of the responsibility of compliance with complying with the prohibitions(s).
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., centigrade usually expressed as a concentration (e.g.,
mg/L).
The Borough of Punxsutawney, Jefferson County, Pennsylvania,
a municipal corporation existing under the laws of the Commonwealth
of Pennsylvania.
A user subject to a categorical pretreatment standard or
categorical standard.
Any regulation containing pollutant discharge limits promulgated
by the 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.
A registered professional engineer under the laws of the
state.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
A sample composed of individual subsamples taken at regular
intervals over a specified period of time. Subsamples may be proportioned
by time interval or size according to flow (flow proportional composite
sample) or be of equal size and taken at equal time intervals (time
proportional composite sample).
The Borough of Punxsutawney, acting through and by its authorized
representatives.
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.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day or twenty-four-hour period.
The maximum allowable discharge limit of a pollutant during
a calendar day or twenty-four-hour period.
The Pennsylvania Department of Environmental Protection or,
where appropriate, the Regional Water Quality Program Manager, or
other duly authorized official of such department.
The normal water-carried household wastes from kitchens,
water closets, lavatories and laundries or any waste from a similar
source and possessing the same characteristics; not including stormwater,
groundwater or other collected water from roofs, drains or basements.
A plan and a guide developed pursuant to 40 CFR 403.8(f)(5),
providing for the enforcement of a POTW pretreatment program.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Protection Division Director, the
Regional Administrator, or other duly authorized official of said
agency.
Any source of discharge that is not a "new source."
Solid or semisolid wastes resulting from preparation, cooking
and dispensing of food and from handling, storage and sale of produce.
A sample that is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source.
A source of indirect discharge.
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.
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 Borough's
NPDES permit, of the Federal Clean Water Act, the Federal Clean Air
Act, the Pennsylvania Clean Streams Law, the Pennsylvania Air Pollution
Control Act, or the regulations applicable to any of the foregoing,
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 any more stringent state or local regulations:
Section 405 of the Act; the Solid Waste Disposal Act, including Title
II, commonly referred to as the Resource Conservation and Recovery
Act (RCRA); any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
Specific discharge limits developed and enforced by the Borough
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
The pounds per day (or other specified interval) of a particular
pollutant allowed to be discharged to the POTW at any time.
Permissive.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during
that month.
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.
The Borough of Punxsutawney, Jefferson County, Pennsylvania,
a municipal corporation existing under the laws of the Commonwealth
of Pennsylvania.
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 that 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; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
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 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.
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 A(2) or A(3), above, but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
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;
or
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
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is 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 subsection.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
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 Borough'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. This definition includes all federal, state, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
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).
The portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
The person designated by the Borough to supervise the Pretreatment
Program for the POTW, and who is charged with certain duties and responsibilities
by this part and the Borough's ERP, or a duly authorized representative.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 192-73 of this part.
A treatment works as defined by Section 212 of the Act, which
is owned by a state or municipality (as defined by Section 502(4)
of the Act). This definition includes any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers,
pipes and other conveyances, only if they convey wastewater to a POTW
treatment plant. The term also means the municipality as defined in
Section 502(4) of the Act, which has jurisdiction over the indirect
discharges to and the discharges from such a treatment works.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Any pipe, main or conduit constituting a part of the POTW
and used or usable for the collection and transportation of wastewater.
Mandatory.
An SIU is:
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gallons per day (GPD) 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; or
Is designated as such by the Borough on the basis that it has
a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection A(2), above, 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 the procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered an SIU.
The Borough may determine that a user subject to categorical
pretreatment standards is a nonsignificant categorical industrial
user (NSCIU) rather than a SIU on a finding that the IU never discharges
more than 100 GPD of total categorical wastewater (excluding sanitary,
noncontact cooling and boiler blowdown wastewater, unless specifically
included in the pretreatment standard) and the following conditions
are met:
The user, prior to the Borough's finding, has consistently complied
with all applicable categorical pretreatment standards and requirements;
The user annually submits the certification statement required in § 192-103B of this part and in accordance with 40 CFR 403.12(q)), together with any additional information necessary to support the certification statement; and
The user never discharges any untreated concentrated wastewater.
Where the Borough has determined that an IU meets the criteria
for classification as a NSCIU, and in accordance with 40 CFR 403.8(f)(6),
the Borough shall evaluate, at least once per year, whether an IU
continues to meet the criteria.
An IU that has violated pretreatment standards and/or pretreatment requirements and such violation(s) meet one or more of the criteria set forth in Article XVIII of this part.
A slug discharge is any discharge of a nonroutine, episodic
nature, including but not limited to an accidental spill or a noncustomary
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.
Any discharge of a non-routine episodic nature, or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 192-73 of this part.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA under the provisions of Part
307(a) of the Clean Water Act or which is present in sufficient quantity,
either singly or in combination with other wastewater constituents,
so as to present risk of causing interference, causing harm to humans
or animals, or creating a hazard, to the POTW or the environment into
which it may be released.
Any person who contributes or permits the contribution of
wastewater into the POTW.
Liquid and water-carried industrial wastes and sanitary wastewater
from residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
