A.
This Part 4 sets forth uniform requirements for users within the Township boundaries of the publicly owned treatment works for the Township and/or Borough of North East and enables 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 USEPA General Pretreatment Regulations (40 CFR Part 403), the Pennsylvania Clean Streams Law (35 P.S. § 691.1 et seq.), the PADEP Standards for Dischargers of Industrial Wastes to POTWs (25 Pa. Code § 97.91 et seq.), and the borough's NPDES Permit No. PA 0023043. The objectives of this Part 4 are:
(1)
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation;
(2)
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
(3)
To protect both publicly owned treatment works personnel, who may
be affected by wastewater and sludge in the course of their employment,
and the general public;
(4)
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
(5)
To provide for charges and fees for the implementation of the borough's
pretreatment program relating to the publicly owned treatment works;
and
(6)
To enable the borough to comply with its National Pollutant Discharge
Elimination System permit (NPDES Permit No. 0023043) conditions, sludge
use and disposal requirements, and any other federal or state laws
and/or regulations to which the publicly owned treatment works is
subject.
B.
This Part 4 shall apply to all Township users of the publicly owned
treatment works. This Part 4 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 charges and fees for
the equitable distribution of costs relating to the implementation
of the pretreatment program established herein.
Except as otherwise provided herein, the borough and/or its
Coordinator shall administer, implement, and enforce the provisions
of this Part 4. Any powers granted to or duties imposed upon the Coordinator
may be delegated by the Coordinator to other borough personnel.
The following abbreviations, when used in this Part 4, shall
have the designated meanings:
|
Abbreviation
|
Meaning
|
|---|---|
|
BMP
|
best management practice
|
|
BMR
|
baseline monitoring report
|
|
BOD
|
biochemical oxygen demand (5-day)
|
|
Borough
|
Borough of North East, Erie County, Pennsylvania
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
categorical industrial user
|
|
COD
|
chemical oxygen demand
|
|
DEP or PADEP
|
Pa. Department of Environmental Protection
|
|
EPA or USEPA
|
U.S. Environmental Protection Agency
|
|
gpd
|
gallons per day
|
|
IU
|
industrial user
|
|
mg/l
|
milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
NSCIU
|
nonsignificant 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
|
|
Township
|
Township of North East, Erie County, Pennsylvania
|
|
TSS
|
total suspended solids
|
|
U.S.C.
|
United States Code
|
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Part 4, 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.
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 decisionmaking 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 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.
If the user is a partnership or sole proprietorship: by 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 of this definition, above, may designate a duly authorized representative if:
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; and
The written authorization is submitted to the Coordinator.
If an authorization under Subsection D of this definition, 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 of this definition, above, must be submitted to the Coordinator prior to or together with any reports to be signed by an authorized representative. [40 CFR 403.12(1)]
The term "best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Article X 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 & maintenance requirements specified; 5) there should be time frames directing when BMPs must be implemented; 6) there should be compliance certification, reporting and recordkeeping requirements; 7) there should be a provision allowing the borough to reopen or revoke the BMP conditions, including allowing the addition of numerical limits; and 8) such other requirements as the Township and/or borough determines. [40 CFR 403.3(e)]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
The Borough of North East, Erie County, Pennsylvania.
The person designated by the borough as such Commissioner,
and who is charged with certain duties and responsibilities by Borough
Council and under this Part 4, or a duly authorized representative
thereof.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act [33 U.S.C.
§ 1317(b) and (c)] which apply to a specific category of
users and which appear in 40 CFR Chapter I, Subchapter N.
A sample formed by mixing discrete samples or aliquots.
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 4, or a duly authorized representative.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
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.
The Pennsylvania Department of Environmental Protection or,
where appropriate, the Regional Water Quality Program Manager, or
other duly authorized official of such department.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Protection Division Director, or other duly authorized
official of such agency.
Any source of discharge that is not a "new source."
A composite sample in which each individual sample or aliquot
is collected after the passage of a defined volume of discharge.
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 or as reasonably determined by the Coordinator.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.[1]
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.
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,[2] the Federal Clean Air Act,[3] the Pennsylvania Clean Streams Law,[4] the Pennsylvania Air Pollution Control Act,[5] 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;[6] the Solid Waste Disposal Act, including Title II, commonly
referred to as the "Resource Conservation and Recovery Act" (RCRA);[7] 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;[8] and the Marine Protection, Research, and Sanctuaries Act.
The pounds per day (or other specified interval) of a particular
pollutant allowed to be discharged to the POTW at any time.
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.
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[9] 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; 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 Subsection A(2) or (3) of this definition above, but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this section has
commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site 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 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 definition.
Water used for cooling, which 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, limited-liability company,
limited-liability partnership, 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, BOD, COD, toxicity, or odor).
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.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292), which is owned and/or operated by the
borough. 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.
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.).
A significant industrial user is:
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
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; 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) of this definition, 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 a significant industrial user.
The borough may determine that an industrial user subject to
categorical pretreatment standards is a nonsignificant 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:
The industrial user, prior to the borough's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user never discharges any untreated concentrated
wastewater. [40 CFR 403.3(v)(2)(i)-(iii)]
The borough has determined that an industrial user meets the
criteria for classification as a nonsignificant categorical industrial
user, the borough shall evaluate, at least once per year, whether
an industrial user continues to meet the criteria in § 403.3(v)(2).
[40 CFR 403.8(f)(2)(v)(B)]
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.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
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 which
is removable by laboratory filtering.
The Township of North East, Erie County, Pennsylvania.
A source of indirect discharge.
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.
Those portions of the POTW which are designed to provide
treatment of municipal sewage and industrial waste.
[1]
Editor's Note: See 33 U.S.C. § 1317(b), (c) and
(d).
[2]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[3]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
[5]
Editor's Note: See 35 P.S. § 4001 et seq.
[6]
Editor's Note: See 33 U.S.C. § 1345.
[7]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[8]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[9]
Editor's Note: See 33 U.S.C. § 1317(c).
