A.
This Part 3 sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment systems
of Unity Township and enables Unity Township and THTMA to comply with
all applicable state and federal laws required by the Clean Water
Act of 1977 and the General Pretreatment Regulations (40 CFR, 403).
B.
The objectives of this Part 3 include but are not limited to:
(1)
Preventing the introduction of pollutants into the wastewater system
of THTMA which will interfere with the operation of the collection
or treatment systems, including interference with the use or disposal
of the resulting sludge.
(2)
Preventing the introduction of pollutants into the wastewater system
of THTMA which will pass through the system, inadequately treated,
into receiving waters or the atmosphere or otherwise be incompatible
with the system.
(3)
Preventing the introduction of pollutants into the wastewater system
of THTMA which would expose THTMA personnel to chemical hazards.
(4)
Improving the opportunity to recycle and reclaim wastewaters and
sludges from the system.
(5)
Providing for equitable distribution of the cost of the municipal
wastewater system.
C.
This Part 3 provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for the other users, authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing customers' capacities
will not be preempted and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
D.
This Part 3 shall apply to solely that portion of Unity Township
and to persons outside Unity Township who are, by contract or agreement
with Unity Township, users of the sewage treatment plant of THTMA.
Except as otherwise provided herein, the manager of THTMA or his designee
shall administer, implement and enforce the provisions of this Part
3.
E.
The provisions of this Part 3 shall be administered on a system-wide
basis by THTMA, and no control, regulation or enforcement procedure
shall be applied to users in Unity Township which are different from
those employed on a system-wide basis. However, it is recognized,
understood and agreed that pursuant to this pretreatment program,
individual users will be treated individually based upon their discharges
and the impact thereof on the sewage treatment plants receiving those
discharges.
A.
ACT OR THE ACT
APPROVAL AUTHORITY
APPROVED PRETREATMENT PROGRAM OR PRETREATMENT PROGRAM
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(a)
(b)
(c)
(2)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
CATEGORICAL STANDARDS
CONTROL AUTHORITY
DIRECT DISCHARGE
DIRECTOR
ENVIRONMENTAL PROTECTION AGENCY OR EPA
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD, NATIONAL PRETREATMENT
STANDARD OR PRETREATMENT STANDARD
NEW SOURCE
(1)
(a)
[1]
[2]
[3]
(b)
(2)
(3)
(a)
(b)
(4)
NONCONTACT COOLING WATER
NPDES PERMIT OR PERMIT
NPDES STATE
PASS-THROUGH
PERSON
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARD
PUBLICLY-OWNED TREATMENT WORKS OR POTW
REGIONAL ADMINISTRATOR
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
SIGNIFICANT NONCOMPLIANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG DISCHARGE OR ACCIDENTAL DISCHARGE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUBMISSION
(1)
(2)
(3)
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WASTEWATER CONTRIBUTION PERMIT
WATER PROTECTION DIVISION DIRECTOR
WATERS OF THE STATE
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this Part 3, 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 in an NPDES state with an approved
state pretreatment program and the Regional Administrator in a non-NPDES
state or NPDES state without an approved state pretreatment program.
The program administered by Unity Township and THTMA that
meets the criteria established by 40 CFR 403.8 and 403.9 and which
has been approved by a Regional Administrator or State Director in
accordance with 40 CFR 403.11.
May be:
A principal executive officer of at least the level of vice
President, if the industrial user is a corporation;
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively; or
A duly authorized representative of the individual designated in Subsection (1)(a) or (b) if described in Subsection (1)(a) or (b), the authorization specifies either an individual or person having responsibility for the overall responsibility for environmental matters for the company and written authorization is submitted to the control authority.
If an authorized individual or position has responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection (1)(c) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of concentration [milligrams per liter
(mg/l)].
A sewer conveying wastewater from the premises of a user
to the wastewater system of Unity Township or THTMA.
National Categorical Pretreatment Standards or pretreatment
standard.
Refers to the "approval authority," defined hereinabove,
or the Manager of THTMA if there is an approved pretreatment program
applicable under the provisions of 40 CFR 403.11.[1]
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The chief administrative officer of a state or interstate
water pollution control agency with an NPDES permit program approved
pursuant to Section 402(b) of the Act and an approved state pretreatment
program.
The United States Environmental Protection Agency, or where
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and over a period
of time not to exceed 15 minutes.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of pollutants into the
sewage treatment plant of THTMA from any source regulated under Section
307(b), (c) or (d) of the Act (33 U.S.C. § 1317).
A source of indirect discharge.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both inhibits or disrupts the sewage
treatment plant of THTMA, its treatment processes or operations or
its sludge processes, use or disposal; and, therefore, is a cause
of a violation of any requirements of THTMA sewage treatment plant'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 the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
[including Title II, more commonly referred to as the "Resource Conservation
and Recovery Act" (RCRA)] and including state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the SWDA, the Clean Air Act, the Toxic Substance Control Act
and the Marine Protection, Research and Sanctuaries Act.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act, which
applies to industrial users. This term includes prohibitive discharge
limits established pursuant to 40 CFR 403.5. The categorical pretreatment
standards found in 40 CFR Chapter I, Subchapter N, Parts 405.471 are
hereby incorporated.
Discharge of pollutants.
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, 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;
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 of 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 (1)(a)[2] or [3] of this definition but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
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 are 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.
[Amended 7-28-1998 by Ord. No. O-2-98]
A permit issued to a POTW pursuant to Section 402 of the
Act.
A state (as defined in 40 CFR 122.2) or interstate water
pollution control agency with an NPDES permit program approved pursuant
to Section 402(b) of the Act.
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 POTW's NPDES permit (including
an increase in the magnitude or duration of a violation).
An individual, corporation, partnership, association, state,
municipality, municipal authority, commission or political subdivision
of a state or an interstate body.
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 discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical or biological processes, process changes or
by other means, except as prohibited by 40 CFR 403.6(d). Appropriate
pretreatment technology includes control equipment, such as equalization
tanks or facilities, for protection against surges or slug loadings
that might interfere with or otherwise be incompatible with the POTW.
However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater
from another regulated process, the effluent from the equalization
facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
Any regulation containing pollution discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users, or any rule, regulation, ordinance or term of condition of
a permit or order adopted or issued by the Commonwealth of Pennsylvania
or a POTW for the implementation or enforcement of an industrial waste
pretreatment program, established under the Federal Water Pollution
Control Act or the Clean Streams Law.
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 references 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. Within
the context of this, the term "POTW" specifically refers to THTMA
Sewage Treatment Plant.
The appropriate EPA Regional Administrator.
[Amended 7-28-1998 by Ord. No. O-2-98]:
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 system 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 THTMA on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or violating
any pretreatment standard or requirement.
Upon finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, THTMA may at any time, on its own initiative or in response to a petition received from a user, and in accordance with 40 CFR 403.8(f) and (g), determine that such user should not be considered a significant user.
An industrial user is in significant noncompliance if its
violation meets one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken during
a six-month period exceed (by any magnitude) the daily maximum limit
or the average limit for the same pollutant parameter;
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum limit or average limit multiplied by the applicable
TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease and 1.2 for
all other pollutants except pH);
Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the control authority determines
has caused alone or in combination with other discharges, interference
or pass-through (including endangering the health of POTW personnel
or the general public);
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority under 40 CFR 403.8
(f)(1)(vi)(B) to halt or prevent such a discharge;
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction or attaining
final compliance;
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports and reports on compliance
with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation or group of violations which the control
authority determines will adversely affect the operation or implementation
of the local pretreatment program.
Any discharge of a nonroutine, episodic nature, including but not limited to an accident spill or a noncustomary batch discharge, which would cause a violation of the prohibited discharge standards found in § 96-46.
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.
A request by THTMA for approval of a pretreatment program to
the EPA or a director;
A request by THTMA to the EPA or a director for authority to
revise the discharge limits in categorical pretreatment standards
to reflect sewage treatment plant pollutant removals; or
A request to the EPA by an NPDES state for approval for its
state pretreatment program.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307(a) or other Acts.
A source of indirect discharge.
[Amended 7-28-1998 by Ord. No. O-2-98]
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
whether treated or untreated, which is contributed into or permitted
to enter the POTW.
One of the Directors of the Water Protection Divisions within
the regional offices of the Environmental Protection Agency or this
person's delegated representative.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
[1]
Editor's Note: The former definition of "cooling water," which
immediately followed this definition, was amended to refer to "noncontact
cooling water." See said definition in this section.
B.
"Shall" is mandatory; "may" is permissive.
The following abbreviations shall have the designated meanings:
|
BOD - Biochemical oxygen demand
|
|
CFR - Code of Federal Regulations
|
|
COD - Chemical oxygen demand
|
|
EPA - Environmental Protection Agency
|
|
l - Liter
|
|
mg - Milligrams
|
|
mg/l - Milligrams per liter
|
|
NPDES - National Pollutant Discharge Elimination System
|
|
POTW - Publicly owned treatment works
|
|
SIC - Standard Industrial Classification
|
|
SWDA - Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
|
|
USC - United States Code
|
|
TSS - Total suspended solids
|
