Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, have the meanings hereinafter
designated:
ACT or THE ACT
The federal Water Pollution Control Act, also known as the
Clean Water Act of 1977, as amended, 33 U.S.C.A. § 1251
et seq.
APPROVAL AUTHORITY
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.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibition of practices, maintenance procedures, and other management practices to implement the provisions of this article, including the prohibitions listed in §
191-35 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 §
191-74 of this article, BMPs are considered a narrative pretreatment standard or requirement.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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)].
CHEMICAL OXYGEN DEMAND (COD)
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).
COOLING WATER
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 article. Cooling water which contains pollutants
or contaminants which requires regulation shall be considered industrial
wastewater.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
DOMESTIC SEWAGE
The normal waterborne sewage and other wastes normally discharged
by a household, including toilet wastes, laundry, wash water and other
gray water, and similar wastes.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. 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 as such by the WVSA to supervise the
operation of WVSA facilities, or his or her duly authorized representative.
GRAB SAMPLE
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.
HOLDING TANK
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.
INDUSTRIAL WASTEWATER
Liquid waste and water-borne liquid, gaseous, and solid substances
(except domestic sewage which is separately discharged) that is 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.
INTERFERENCE
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, 33 U.S.C.A. § 1345,
or any criteria, guidelines, or regulations developed pursuant to
the Solid Waste Disposal Act (including the RCRA), 42 U.S.C.A. § 6901
et seq.; the Clean Air Act, 42 U.S.C.A. § 7401 et seq.;
the Toxic Substances Control Act, 15 U.S.C.A. § 2601 et
seq.; or any more stringent state criteria for the use or disposal
of sewage sludge.
LOCAL LIMITS
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
article or the WVSA Rules and Regulations.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
EPA-promulgated indirect discharge standards for certain
industrial process categories under Section 307(b) and (c) of the
Act, which are codified at 40 CFR Chapter I, Subchapter N, Parts 405
through 471.
NEW SOURCE
Any source, the construction of which is commenced after
publication of proposed Pretreatment Standards under Section 307(c)
of the Act which will be applicable to such source, if such standard
is thereafter promulgated, as defined at 40 CFR 403.3(m)(1).
NONDOMESTIC USER
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.
NONSIGNIFICANT CATEGORICAL INDUSTRIAL USER
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:
A.
The industrial user, prior to the control authority's determination,
has consistently complied with all applicable categorical pretreatment
standards and requirements;
B.
The industrial user annually submits the following certification
statement together with any additional information necessary to support
the certification statement:
"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 that 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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C.
The industrial user never discharges any untreated concentrated
wastewater.
OIL and GREASE
The result of the Hexane Extractible Materials Test, EPA
Method 1664, or an equivalent method approved by EPA.
PASS THROUGH
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.
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.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions.
POLLUTION
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.
PRETREATMENT or TREATMENT
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).
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, which is imposed on an industrial
user.
PRETREATMENT STANDARDS
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.
PROHIBITED WASTE
Any waste which is totally restricted from discharge into
the sanitary sewer system by this article.
SANITARY SEWER SYSTEM or SEWER SYSTEM
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.
SIGNIFICANT INDUSTRIAL USER
Any user, not classified as a non-significant industrial
user by the WVSA:
A.
That is subject to National Categorical Pretreatment Standards;
or
B.
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
C.
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
D.
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.
SLUG DISCHARGE
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 article, any industrial
wastewater discharge permit, or any provision of the WVSA rules and
regulations.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SURCHARGE
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.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of,
or is suspended in, water, and which is removable by filtration.
TOXIC POLLUTANT or PRIORITY POLLUTANT
Pollutants designated by the EPA under provision of Section
307(a) of the Act, 33 U.S.C.A. § 1317(a), as listed on Tables
II and III of Appendix D of 40 CFR Part 122.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the WVSA.
WASTE or WASTEWATER
Domestic sewage, industrial wastewater, and any other wastes
or water-borne matter discharged, deposited or released by any person.
WVSA FACILITIES
All facilities owned, maintained, or operated by the WVSA,
including the treatment plant, interceptor sewers, pumping stations,
and other such facilities.
WYOMING VALLEY SANITARY AUTHORITY or WVSA
A municipal corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, under the Municipal Authorities
Act of 1945, 53 Pa.C.S.A. § 5601 et seq., as amended, 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.
Upon the promulgation of National Categorical Pretreatment Standards
for a particular industrial category or subcategory, the national
standards, 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. However, failure to notify a categorical user of the applicable
regulations shall not act to excuse any such user from its duty to
comply with applicable law.
No user shall contribute or cause to be contributed any discharge
which by nature shall cause an upset in the performance of the WVSA's
treatment system or pass through or interference such that the WVSA
will violate or will be in danger of violating any provision of its
NPDES permit or applicable state or federal regulations.
State requirements and limitations on wastewater indirect discharge
shall apply in any case where they are more stringent than federal
and/or local requirements and limitations, or those in this article.
The municipality reserves the right to establish more stringent limitations or requirements on discharges to the sewer system if deemed necessary to comply with the objectives presented in §§
191-33 and
191-34 of this article.
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 National Categorical Pretreatment Standards, or in any pollutant-specific limitations developed by the WVSA or the Commonwealth; provided, however, that dilution may be an acceptable means of complying with certain of the prohibitions set forth in §
191-35, e.g., the pH and temperature prohibitions, if such dilution is authorized by an industrial wastewater discharge permit.
No user shall discharge any stormwater, including, but not limited
to, basement or foundation drainage, or any uncontaminated cooling
water into the sanitary sewer system, provided that such discharges
are allowable into those portions of the sewer system (if any) that
are designated combined sewers by the municipality. When, upon application
to do so, the direct discharge of uncontaminated cooling water has
been prohibited by the PADEP, the municipality and WVSA may permit
such a discharge into the sanitary sewer system upon application by
the user to do so.
Within three months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to a newly promulgated National Categorical Pretreatment Standard had not previously submitted an application for an industrial wastewater discharge permit as required by §
191-48, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Executive Director, within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by §
191-50B(9) and
(10).
Class II and IV users that discharge or have the potential to discharge significant quantities of oil and grease or sediment, as determined by the WVSA, shall install and properly operate and maintain a grease trap or sediment trap (or both when necessary) satisfactory to the WVSA as required by its Rules and Regulations. Proper operation and maintenance of grease and sediment traps includes, but is not limited to, removal of accumulated grease or sediment on a routine basis and maintenance of documentation of such activity pursuant to §
191-59. Failure to timely install, or to properly operate or maintain a grease or sediment trap required by this article shall be a violation of this article and may result in the rescission or suspension of the right to discharge wastewater to the sewer system, whether or not a permit has been issued by the WVSA.
Users required or choosing to install grease traps or sediment
traps shall apply to the WVSA for a list of standard construction
design criteria as prepared by and available through the WVSA's
Engineering Department in accordance with current pretreatment design
requirements. Users may deviate from standard construction design
criteria only with permission of the Executive Director.
The municipality and the WVSA may inspect the facilities of
any nondomestic user to ascertain whether the purpose of this article
is being met and all requirements are being complied with. Persons
or occupants of premises where wastewater other than domestic sewage
is created or discharged shall allow representatives of the municipality
and WVSA ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination
and/or copying, or in the performance of any of their duties. The
municipality, WVSA, PADEP and/or the EPA shall have the right to set
up on the nondomestic 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 its
premises, the user shall make necessary arrangements with its security
personnel so that upon presentation of suitable identification, representatives
of the municipality, WVSA, PADEP and/or the EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
The volume of flow used in computing loadings or surcharges
shall be based on the total water consumption data as obtained from
the permittee or the records of the local water utility. If a user
has a substantial portion of the metered water that does not reach
the sanitary sewer system the user may, at its own expense, and with
approval from the Executive Director, install a separate flow metering
device to measure the actual discharge into the sanitary system. If
the actual flow to the sanitary system is measured, the equipment
used for the measurement of the flow must be maintained in proper
working order at all times. A separate written record of calibration
and maintenance must be kept for the flow metering device and made
readily available for inspection by the WVSA.
The WVSA may conduct periodic monitoring of the following types:
A. Scheduled or unscheduled sampling and inspections of the user's
facilities and records shall be conducted at all Class I users at
least once each year.
B. Additional sampling or inspections may be conducted whenever the
WVSA determines a need to investigate the discharges of a user.
C. Demand sampling and inspections may be performed in response to a complaint or an unusual or emergency situation, such as when the WVSA determines a change in the normal discharge characteristics of the user's wastewater flow, if a violation was detected during sampling or self-monitoring under §
191-58, if problems that may be attributable to the user's discharge occur in the sewer system or WVSA facilities, or if a complaint or report of noncompliance is received by the municipality or WVSA.
D. If the WVSA performs routine compliance sampling of a user in lieu of the self-monitoring provisions of §
191-58, the WVSA shall be subject to the repeat sampling requirement of §
191-58B in the case that a violation of any pretreatment standard or requirement is detected.
E. All discharge sampling and analyses conducted by WVSA shall be in accordance with the sampling and analysis requirements for user self-monitoring in §
191-59.
In the case of a nondomestic user that, for reasons of emergency
maintenance, equipment failure, or other similar unforeseen event
beyond the user's reasonable control, must discharge prohibited,
high strength, or other wastewater of unusual strength, character
or volume, the user may apply to the Executive Director for an emergency
discharge permit. The Executive Director may issue such a permit,
on terms and conditions as he deems appropriate, upon his review of
the information provided and in his sole discretion. No discharge
of the unusual wastewater may be made until and unless an emergency
discharge permit has been issued. An emergency discharge permit shall
not be issued for longer than 30 days and may be renewed only after
a new application has been made.
Whenever the WVSA finds that any nondomestic user has violated
or is violating this article, the Rules and Regulations of the WVSA,
its industrial wastewater discharge permit, or any prohibition, limitation
or requirements contained herein, the WVSA may serve upon such person
a written notice of violation stating the nature of the violation.
Within 30 days of the date of the notice, or within such other reasonable
time as the Executive Director shall state, a plan for the satisfactory
correction thereof shall be submitted to the WVSA by the user.
Any user subject to an enforcement action or issuance or denial
of an industrial wastewater discharge permit under this article may
file an appeal with the WVSA within 15 days of receipt of the notice
of the enforcement action or permit issuance, revision, or denial.
Said appeal shall be conducted by the WVSA as provided in the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
The municipality and the WVSA shall cooperate in all matters
as they pertain to this article. Neither the municipality nor the
WVSA shall act in any manner so as to compromise in any way the ability
of the other party to administer this article.
The provisions of this article are severable. If any provision,
paragraph, word, or section of this article is declared to be unconstitutional,
illegal, or invalid, the validity of the remaining provisions, paragraphs,
words, or sections shall be unaffected thereby and shall be in full
force and effect. It is the intention of the municipality that this
article would have been adopted had such unconstitutional, illegal
or invalid part not been included.
This article repeals in its entirety all ordinances and parts
of other ordinances which are inconsistent or conflicting with any
part of this article to the extent of such inconsistency or conflict.
In particular, and not by way of limitation, the wastewater collection
and treatment ordinance passed by Plymouth Borough on December 8,
1992, is hereby repealed.
This article shall be in full force and effect from and after
its passage, approval and publication, as provided by law.