[Ord. 2012-02, 7/5/2012, § 1.2]
1. This Part sets forth uniform requirements for users from Vernon Township
of the publicly owned treatment works ("POTW") and enables Vernon
Township and the Meadville Area Sewer Authority to comply with all
applicable state and federal laws, including the Clean Water Act,
33 U.S.C. § 1251 et seq., the general pretreatment regulations,
40 CFR, Part 403, the Pennsylvania Clean Steams Law, 35 P.S. § 691.1
et seq., the Pennsylvania Department of Environmental Protection Standards
for Discharges of Industrial Waste to POTWs, 25 Pa. Code § 97.91
et seq., and NPDES Permit No. PA0026271 issued to the Meadville Area
Sewer Authority. The objectives of this Part are:
A. To prevent the introduction of pollutants into the POTW which interfere
with operation of a POTW, including interference with its use or disposal
of municipal sludge.
B. 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.
C. To protect both POTW personnel who may be affected by wastewater
and sludge in the course of their employment and the general public.
D. To improve opportunities to recycle and reclaim municipal and industrial
wastewaters and sludges.
E. To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the POTW.
F. To enable the Meadville Area Sewer Authority to comply with its National
Pollutant Discharge Elimination System permit conditions, sludge use
and disposal requirements, and any other federal or state laws to
which the POTW is subject.
2. This Part shall apply to all users of the POTW. This Part authorizes
the issuance of wastewater discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes administrative
review procedures; requires user reporting; and provides for the setting
of fees for the equitable distribution of costs resulting from the
program established herein.
[Ord. 2012-02, 7/5/2012, § 1.3]
It is intended that this Part will be implemented, administered
and enforced by the Meadville Area Sewer Authority ("MASA" or "owner").
Vernon Township hereby designates MASA as its representative and agent
for implementation, administration and enforcement of this Part and
grants MASA and its duly appointed agents and representatives, such
power as necessary to fully implement and enforce the provisions of
this Part, including without limitation, the power to obtain search
warrants, assess and collect civil and criminal penalties, issue enforcement
orders and seek judicial enforcement. The use of the term "owner"
in this Part is intended to acknowledge this delegation of power and
responsibility to MASA, as the owner of the POTW and is not intended
to diminish or negate Vernon Township's authority to administer
and enforce this Part, which powers are reserved to Vernon Township.
Accordingly, the term "owner" as used in this Part may also include
Vernon Township as necessary to assist MASA, as necessary to comply
with federal and state laws or regulations where MASA has failed to
act, or as necessary to protect the POTW or the environment where
MASA has failed to act.
[Ord. 2012-02, 7/5/2012, § 1.4]
The following abbreviations, when used in this Part, shall have
the designated meanings:
BMP
Best Management Practice.
BMR
Baseline Monitoring Report.
BOD
Biochemical Oxygen Demand.
CBOD
Carbonaceous Biochemical Oxygen Demand.
CFR
Code of Federal Regulations.
CIU
Categorical Industrial User.
COD
Chemical Oxygen Demand.
EPA
U.S. Environmental Protection Agency.
MASA
Meadville Area Sewer Authority.
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.
TSS
Total Suspended Solids.
[Ord. 2012-02, 7/5/2012, § 1.5]
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Part, 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.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER
(1)
If the user is a corporation:
(a)
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.
(b)
The manager of one or more manufacturing, production, or operating
facilities; provided, the manager is authorized to make management
decisions which 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 control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(2)
If the user is a partnership or sole proprietorship by a general
partner or proprietor, respectively.
(3)
If the user is a federal, state, or local governmental facility:
by a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
(4)
The individuals described in Subsections
(1) through
(3) above may designate a duly authorized representative if:
(a)
The authorization is made in writing by the individual described
in Subsections (1) through (3).
(b)
The authorization specifies either an individual or a position
responsible for the overall operation of the facility from which the
industrial discharge originates, or having overall responsibility
for environmental matters for the company.
(c)
The written authorization is submitted to the owner.
(5)
If an authorization under Subsection
(4) 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
(4) above must be submitted to the owner prior to or together with any reports to be signed by an authorized representative.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in Subpart B of this Part and 40 CFR 403.5(a)(1) and (b). 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. A BMP should include the following
elements, to the extent applicable: (1) there should be specific notice
to those users to which the BMP applies and what is required; (2)
there should be specifications or criteria that any required control
equipment must meet; (3) there should be specific requirements for
or prohibitions on certain practices, activities and/or discharges
to ensure that use of the BMP is protective; (4) there should be operation
and maintenance requirements specified; (5) there should be timeframes
directing when BMPs must be implemented; (6) there should be compliance
certification, reporting and recordkeeping requirements; (7) there
should be a provision allowing the owner to reopen or revoke the BMP
conditions, including allowing the addition of numerical limits; and
(8) such other requirements as the owner determines.
BIOCHEMICAL OXYGEN DEMAND or BOD
A measure of the molecular oxygen utilized during a 5-day
incubation period for the biochemical degradation of organic material
and the oxygen used to oxidize inorganic material, at 20° C.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND or CBOD
A measure of the molecular oxygen utilized during a five-day
incubation period for the biochemical degradation of organic material
and the oxygen used to oxidize inorganic material, at 20° C.,
except that oxygen used to oxidize reduced forms of nitrogen has been
prevented by an inhibitor.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with §§ 1307(b) and (c) of the
Act, 33 U.S.C. § 1317, which apply to a specific category
of users and which appear in 40 CFR, Chapter I, Subchapter N.
CHEMICAL OXYGEN DEMAND or COD
A measure of the oxygen equivalent of the organic matter
content of a sample that is susceptible to oxidation by a strong chemical
oxidant.
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.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Protection Division Director, or other
duly authorized official of said agency.
GRAB SAMPLE
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into the POTW from any nondomestic
source regulated under §§ 307(b), (c), or (d) of the
Act.
INDUSTRIAL WASTE
Any liquid, gaseous or water borne wastes from industrial
processes or commercial establishments as distinct from sewage.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration or mass loading limit 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, 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 owner'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 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.
MASS LOADING LIMIT
The pounds per day (or other specific interval) of a particular
pollutant allowed to be discharged to the POTW at any time.
MEDICAL WASTE
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.
NEW SOURCE
(1)
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:
(a)
The building, structure, facility, or installation is constructed
at a site at which no other source is located.
(b)
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
(c)
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.
(2)
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
(1)(b) or
(c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3)
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
(a)
Begun, or caused to begin, as part of a continuous on-site construction
program.
1)
Any placement, assembly, or installation of facilities or equipment.
2)
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.
(b)
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 paragraph.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
OWNER
The Meadville Area Sewer Authority which is a municipal authority
formed by the City of Meadville and the Township of West Mead to own,
possess and control the sanitary sewage systems of the City of Meadville
and the Township of West Mead and to accept wastewater from a portion
of Vernon Township.
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 owner'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, 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.
pH
A mathematical expression of the intensity of the acidic
or basic character of a solution or -log [H+].
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, 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.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS or POTW
A "treatment works," as defined by § 212 of the
Act, 33 U.S.C. § 1292, which is owned by the Meadville Area
Sewer Authority. This definition includes any devices or systems used
in the collection, storage, treatment, recycling, and reclamation
of 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
(1)
A significant industrial user is:
(a)
A user subject to categorical pretreatment standards.
(b)
A user that:
1)
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater).
2)
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant.
3)
Is designated as such by the owner on the basis that it has
a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
(2)
Upon a finding that a user meeting the criteria in Subsection
(1) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the owner may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
(3)
The owner may determine that a categorical industrial user is
a non-significant categorical industrial user ("NSCIU") and should
not be considered a significant industrial user on a finding that
the industrial user never discharges more than 100 gallons per day
(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:
(a)
The industrial user, prior to the owner's finding, has
consistently complied with all applicable categorical pretreatment
standards and requirements.
(b)
The industrial user annually submits the certification statement required by §
18-506, Subsection 1M, of this Part, together with any additional information necessary to support the certification statement.
(c)
The industrial user never discharges any untreated concentrated
wastewater.
Where the owner has determined that an industrial user meets
the criteria for classification as a non-significant categorical industrial
user, the owner shall evaluate, at least once per year, whether an
industrial user continues to meet the criteria in § 403.3(v)(2).
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SLUG DISCHARGE
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.
SLUG LOAD or SLUG
Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §
18-505 of this Part.
STORMWATER
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
TIME-PROPORTIONAL COMPOSITE SAMPLE
A composite sample in which each individual sample or aliquot
is collected after the passage of a defined period of time, regardless
of the rate of flow during that period of time.
USER or INDUSTRIAL USER
A source of indirect discharge. This term does not include
Vernon Township or the Vernon Township Sewer Authority to the extent
that it is acting solely in its capacity as a bulk customer of MASA.
WASTEWATER
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.