For the purpose of this chapter, the following definitions and abbreviations shall apply unless the context clearly indicates or requires a different meaning.
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.).
APPROVAL AUTHORITY. The Regional Administrator of EPA, Region III.
AUTHORIZED REPRESENTATIVE OF THE USER.
(1) If the user is a corporation, the AUTHORIZED REPRESENTATIVE shall be:
(a) The president, vice-president, secretary or treasurer 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
(b) 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 take 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, an AUTHORIZED REPRESENTATIVE shall mean a general partner or proprietor, respectively.
(3) If the user is a federal, state or local government facility, the AUTHORIZED REPRESENTATIVE shall mean a ranking elected official or principal executive official having responsibility for the overall operation and performance of the activities of the principal geographic unit of the government agency.
(4) The individuals described in divisions (1) through (3) above may designate another authorized representative if:
(a) The authorization is made in writing by the individual described above;
(b) The authorization specifies either an individual or a position responsible for the overall operation of the facility from which the indirect discharge originates or having overall responsibility for environmental matters for the company; and
(c) The written authorization is submitted to the township.
BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in § 55.02(A). 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.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions, five days at 20°C, usually expressed as a concentration, milligrams per liter (mg/l).
BMP. Best management practices.
BMR. Baseline monitoring report.
BOD. Biochemical oxygen demand.
CAA. Clear Air Act, 42 U.S.C. §§ 7401 et seq.
C.F.R. Code of Federal Regulations.
COD. Chemical oxygen demand.
COMMERCIAL ESTABLISHMENT. Any room, group of rooms, building or enclosure connected, directly or indirectly, to the sewer system and used or intended for use in the operation of a business enterprise for the sale and distribution of any product, commodity, article or service.
COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either time or flow.
CONTROL AUTHORITY. The Township of Antis.
COOLING WATER. The water discharged from any use, such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where the DAILY MAXIMUM LIMIT is expressed in concentration, the daily maximum is the arithmetic average of all measurements taken that day. Where the DAILY MAXIMUM LIMIT is expressed in mass, the daily maximum is the total mass discharged over the course of a calendar day.
DEP. Department of Environmental Protection.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTEWATER. Human excrement and gray water (showers, dishwashers, washing machines and the like) from residential households, institutions, commercial and industrial establishments, but excluding industrial wastes.
EDUCATIONAL ESTABLISHMENT. Each room, group of rooms, building, house trailer or mobile home connected, directly or indirectly, to the sewer system and used or intended for use, in whole or in part, for educational purposes, including both public and private schools.
ENVIRONMENTAL PROTECTION AGENCY (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.
EPA. (Pennsylvania) Environmental Protection Agency (United States).
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed federal categorical pretreatment standards which will be applicable to such source if the federal categorical pretreatment standard is thereafter promulgated in accordance with § 307(c) of the Act (33 U.S.C. § 1317).
FATS, OILS AND GREASES (FOG). Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules, such as rendered animal fat, vegetable shortening and other such oily material used for the purposes of and resulting from cooking and/or preparing food, and is distinct from petroleum or mineral oils.
FEDERAL CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users and which appears in 40 C.F.R. Chapter I, Subchapter N, §§ 405 through 471.
FOG. Fats, oils and greases.
FOOD SERVICE ESTABLISHMENT. Any food service facility that prepares or packages food or beverages for sale or consumption, onsite or offsite, with the exception of private residences. FOOD SERVICE ESTABLISHMENTS shall include, but are not limited to: food courts, food manufacturers, food packagers, restaurants, grocery stores, bakeries, lounges, hospitals, hotels, nursing homes, churches and schools.
GPD. Gallons per day.
GRAB SAMPLE. A sample which is taken from a wastestream on a one-time basis, with no regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
GREASE INTERCEPTOR. A device located underground and outside of a food service establishment designed to collect, contain or remove food wastes and grease from the wastestream while allowing the wastewater to discharge to the sewer system by gravity.
GREASE TRAP. A device located inside a food service establishment or under a sink designed to collect, contain or remove food wastes and grease from the wastestream while allowing the wastewater to discharge to the sewer system by gravity.
HOLDING TANK WASTE. Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE. The discharge or the introduction of pollutants from any nondomestic source regulated under § 307(b), (c) or (d) of the Act (33 U.S.C. § 1317) into the POTW, including holding tank waste discharged into the POTW.
INDUSTRIAL ESTABLISHMENT. Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system and used or intended for use, in whole or in part, in the operation of a business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article, or from which any industrial wastewater, as distinct from domestic wastewater, shall be discharged.
INDUSTRIAL PRETREATMENT PROGRAM. A program administered by the township pursuant to this chapter controlling the discharge of industrial waste to the township POTW. This includes, but is not limited to, provisions included in the local pretreatment program in accordance with 40 C.F.R. § 403 and which have been approved by EPA in accordance with 40 C.F.R. § 403.11.
INDUSTRIAL USER. A source of indirect discharge.
INDUSTRIAL WASTEWATER. Any liquid, gaseous or waterborne waste discharged into the sewer system from commercial or industrial establishments, as distinct from domestic wastewater.
INSTANTANEOUS LIMIT. 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.
INSTITUTIONAL ESTABLISHMENT. Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system, including institutional dormitories and educational establishments, which do not constitute a commercial establishment, a dwelling unit or an industrial establishment.
INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, causes the inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal, and therefore is a cause of a violation of any requirement of the POTW’s NPDES Permit or of the prevention of sewage sludge use or disposal by the POTW in accordance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state and local regulations): § 405 of the Act (33 U.S.C. § 1345); the Solid Waste Disposal Act (SWDA) including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); the Clean Air Act (CAA); the Toxic Substances Control Act (TSCA); the Marine Protection, Research and Sanctuaries Act; and any state regulations contained in any state sludge management plan prepared pursuant to Title IV (Subtitle D) of the SWDA applicable to the method of disposal or use employed by the POTW.
l. Liter.
LEL. Lower explosive limit.
LOCAL LIMIT. Specific discharge limits developed and enforced by the township upon commercial, industrial or institutional facilities to implement the general and specific discharge prohibitions listed in 40 C.F.R. § 403.5(a)(1) and (b) and § 55.02(A).
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
mg. Milligrams.
mg/l. Milligrams per liter.
MGD. Million gallons per day.
MONTHLY AVERAGE LIMIT. The highest allowable average of daily measurements 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.
MSDS. Material safety data sheet.
NAICS. North American Industry Classification System.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued to control the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to § 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act and set forth in 40 C.F.R. § 403.5.
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 federal categorical pretreatment standards under § 307(c) of the Act (33 U.S.C. § 1317) which apply 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 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; or
(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 divisions (1)(b) or (1)(c) above, but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE as defined under this definition has commenced as 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; or
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 from the date on which the contract was entered. 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 division (3)(b).
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.
NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER (NSCIU). An industrial user subject to federal categorical pretreatment standards that is deemed not a significant industrial user, as defined herein, based on a finding that the IU never discharges more than 100 gallons per day (GPD) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(1) The industrial user, prior to the township’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(2) The industrial user annually submits the certification statement required in § 55.03(E)(3) and under 40 C.F.R. § 403.12(q), together with any additional information necessary to support the certification statement; and
(3) The industrial user never discharges any untreated concentrated wastewater.
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS). A classification system pursuant to the North American Industry Classification System, United States, 2002 Manual, as amended, Office of Management and Budget.
NOV. Notice of violation.
NPDES. National pollutant discharge elimination system.
NSCIU. Non-significant categorical industrial user.
O&M. Operation and maintenance.
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 POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON. Any individual, partnership, co-partnership, 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. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in standard units and indicates the degree of acidity or alkalinity of a solution.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, industrial, municipal and agricultural wastes and certain characteristics of wastewater (e.g., biochemical oxygen demand (BOD), chemical oxygen demand (COD), color, odor, pH, temperature, total suspended solids (TSS), toxicity or turbidity).
POLLUTION. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTW. Publicly owned treatment works.
POTW TREATMENT PLANT. The portion of the POTW designed to provide treatment to wastewater.
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, discharging or otherwise introducing such pollutants into a POTW. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except as prohibited by 40 C.F.R. § 403.6(d), which prohibits dilution as a substitute for treatment.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
PRETREATMENT STANDARDS. Prohibited discharge standards, federal categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 55.02.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned by the township. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of domestic or industrial wastewater and any conveyances which convey wastewater to a POTW. The term also means the municipality as defined in § 502(4) of the Act (33 U.S.C. § 1362(4)) which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
RCRA. Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.
SEWER DEPARTMENT SUPERINTENDENT. The person designated by the township to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.
SEWER SYSTEM. All facilities and property owned and operated by the township, including, but not limited to, facilities for collecting, pumping and conveying domestic and industrial wastewater.
SHALL. Mandatory; MAY means permissive.
SIGNIFICANT INDUSTRIAL USER (SIU).
(1) Except as provided in the definition of “pass through”, any nonresidential user of the POTW who:
(a) Discharges industrial wastewater subject to federal categorical pretreatment standards (also known as a categorical SIU);
(b) Discharges an average of 25,000 gallons per day or more of industrial wastewater to the POTW (excluding sanitary, noncontact cooling water and boiler blowdown wastewater);
(c) Discharges industrial wastewater which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(d) Is designated as significant by the township on the basis that the user 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 divisions (1)(b) through (1)(d) above has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the township may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures established in 40 C.F.R. § 403.8(f)(6), determine that such user should not be considered a significant industrial user, and may, in accordance with regulations at 40 C.F.R. § 403.3(v) instead be considered a non-significant industrial user.
SIU. Significant industrial user.
SLUG LOAD or SLUG DISCHARGE. 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 § 55.02(A), including, but not limited to, an accidental spill or non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the township sewer use ordinance, local limits or wastewater discharge permit conditions.
SNC. Significant noncompliance.
STATE. The Commonwealth of Pennsylvania.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SWDA. Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq.
TOTAL SUSPENDED SOLIDS. The total suspended matter that floats on the surface or is suspended in water, wastewater or other liquid, and which is removable by laboratory filtering.
TOWNSHIP. The Township of Antis or the Board of Supervisors of the Township of Antis, Blair County, Pennsylvania.
TOWNSHIP MANAGER. The manager of the Township of Antis.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by EPA pursuant to § 307(a) (33 U.S.C. § 1317) of the Clean Water Act or other acts.
TRC. Technical review criteria.
TSCA. Toxic Substances Control Act. 15, U.S.C. §§ 2601 et seq.
TSS. Total suspended solids.
USC. United States Code.
USER. Any person who contributes, causes or allows the discharge of wastewater into the POTW.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulation 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.
(Ord. 2-2010, passed 11-4-2010)
(A) Prohibited discharge standards. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW.
(1) These general prohibitions apply to all users of the POTW whether or not the user is subject to federal categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements.
(2) A user may not contribute the following substances to the POTW:
(a) Oils and greases, including petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, in amounts greater than 100 mg/l, and/or fats, oils and greases of animal and vegetable origin, in amounts greater than 200 mg/l; or contain substances that may solidify or become viscous at temperatures between 32°F or 0°C and 150°F or 65°C; or in quantities that would cause operational or other problems to the wastewater collection system or wastewater treatment plant. In no case shall fats, oils and greases of animal and vegetable origin, or oils and greases of petroleum and mineral oil origin, be discharged at a level that, alone or in conjunction with discharges from other sources, will cause interference or pass through;
(b) Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances, to create a hazard of fire or explosion, or to be injurious in any other way to the POTW, or to the operation of the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140°F or 60°C using the test methods specified in 40 C.F.R. § 261.21. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the sewer system (or at any point in the sewer system) be more than 5%, nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Except as otherwise provided by the township, prohibited materials include, but are not limited to: gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substance which is a fire hazard or a hazard to the sewer system;
(c) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems or any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for maintenance or repair;
(d) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interferences with the operation of the POTW, including, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grinding or polishing wastes;
(e) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the township in compliance with applicable state or federal regulations;
(f) Any pollutants, including oxygen demanding pollutants (BOD and the like) released at a flow rate and/or pollutant concentration which cause interference to the POTW;
(g) Any wastewater containing pollutants in sufficient quantity which, either singly or by interaction with other pollutants, injures or interferes with the POTW treatment plant, constitutes a hazard to humans or animals, creates a toxic effect in the receiving waters of the POTW, or exceeds the limitations set forth in a federal categorical pretreatment standard;
(h) Any storm water, surface water, ground water, roof runoff, subsurface drainage, swimming pool drainage, noncontact cooling water, unpolluted industrial or nonresidential process water. The discharge of cooling water from air conditioning units with cooling towers or recirculating systems, or from air conditioning units using flow-through or unrecirculating systems is prohibited;
(i) Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions;
(j) Any wastewater having a pH less than 5.5 or more than 11.5, or otherwise causing corrosive structural damage to the POTW or equipment;
(k) Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges or scums, to be unsuitable for reclamation or reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act; or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state criteria applicable to the sludge management method being used;
(l) Any substance which will pass through and as a result cause the POTW to violate its NPDES Permit or the receiving stream’s water quality standards;
(m) Any wastewater having a temperature which may inhibit biological activity in the POTW treatment plant resulting in interference. Any wastewater with a temperature at the introduction into the POTW which exceeds 40°C or 104°F is prohibited;
(n) Hauled wastes are prohibited except by special agreement with the township;
(o) Any wastewater which causes a hazard to human life or creates a public nuisance;
(p) Medical wastes, except as specifically authorized by the township in a wastewater discharge permit; or
(q) Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW.
(B) Special agreements. Nothing contained in this chapter shall be construed as prohibiting special agreements between the township and a user, or for the township to otherwise waive requirements hereunder, when conditions and circumstances making such special agreements or waivers advisable and/or necessary, in the opinion of the township, are present; provided, however, the following.
(1) Federal categorical pretreatment standards and prohibitive discharge standards, including the general and specific prohibited discharge standards set forth in 40 C.F.R. §§ 403.5(a) and (b), and any other pretreatment requirements established in 40 C.F.R. § 403 shall not be waived, unless such waiver is granted by mechanisms established under the federal pretreatment regulations.
(2) In no case shall a special agreement or waiver of local limits allow for an industrial user to discharge any pollutant which, alone or in combination with other industrial user regulated discharges, would reasonably be expected to exceed the mass loadings determined by the township as acceptable to the POTW based upon considerations of, among other things, interference, pass through and sludge contamination. The township may consider other factors (e.g., effect of the discharge on the POTW, future expansion and the like) as it deems appropriate. In no event shall any special agreement or waiver allow the total loading allocated to all industrial users for any pollutant to exceed the maximum allowable industrial loading set forth in the most recent local limits technical evaluation submitted by the township and approved by EPA as part of the township’s pretreatment program.
(3) The township may require an industrial user requesting a special agreement or waiver adjusting effluent limitations to submit supporting documentation indicating why the industrial user cannot reasonably expect to meet effluent limitations contained in its wastewater discharge permit, setting forth an expeditious schedule for attaining compliance with such limitations, and including such other information as the township may require. In granting any special agreement or waiver the township may impose time limitations upon any reduced requirements and a compliance schedule for achieving full compliance. In granting any special agreement, the township may impose any other conditions deemed necessary to implement the purposes of this chapter.
(4) If granting a special agreement or waiver would result in increased costs to the township (e.g., treatment or sludge disposal costs), the township may condition the special agreement or waiver upon the agreement of the industrial user to pay those costs, and to provide security adequate in the judgment of the township to assure payment of said costs.
(5) All special agreements or waivers shall be requested and granted in writing.
(C) Federal categorical pretreatment standards. The federal categorical pretreatment standards found at 40 C.F.R. Chapter I, Subchapter N, §§ 405-471 are hereby incorporated by reference.
(1) When regulated wastestreams, subject to a federal categorical pretreatment standard, are mixed with unregulated wastestreams, the township may impose alternate limits using the combined wastestream formula found in 40 C.F.R. § 403.6(e).
(2) Where a federal categorical pretreatment standard is expressed only in terms of either mass or concentration for a pollutant, the township may impose equivalent concentration or mass limits in accordance with 40 C.F.R. § 403.6(c).
(3) When the limits in a federal categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the township convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the township. The township may establish equivalent mass limits only if the industrial user meets all of the conditions outlined in 40 C.F.R. § 403.6(c)(5) as set forth below:
(a) To be eligible for equivalent mass limits, the industrial user must:
1. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;
2. Currently use control and treatment technologies adequate to achieve compliance with the applicable federal categorical pretreatment standard, and not have used dilution as a substitute for treatment;
3. Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
4. Not have daily flow rates, production levels or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and
5. Have consistently complied with all applicable federal categorical pretreatment standards during the period prior to the industrial user’s request for equivalent mass limits.
(b) An industrial user subject to equivalent mass limits must:
1. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
2. Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;
3. Continue to record the facility’s production rates and notify the township whenever production rates are expected to by more than 20% from its baseline production rates determined in divisions (C)(3)(a)1. and (C)(3)(a)2. above. Upon notification of a revised production rate, the township will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
4. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to divisions (C)(3)(a)1. and (C)(3)(a)2. above so long as it discharges under an equivalent mass limit.
(c) When developing equivalent mass limits, the township:
1. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable federal categorical pretreatment standard and the appropriate unit conversion factor;
2. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
3. May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms in the industrial user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to division (F) below. The industrial user must also be in compliance with § 55.05(C)(2).
(d) The township may not express limits in terms of mass for pollutants such as pH, temperature, radiation or other pollutants which cannot appropriately be expressed as mass.
(4) The township may convert the mass limits of federal categorical pretreatment standards at 40 C.F.R. §§ 414, 419 and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. When converting such limits to concentration limits, the township will use the concentrations listed in the applicable subparts of 40 C.F.R. §§ 414, 419 and 455 and document that dilution is not being substituted for treatment as stated in division (F) below.
(5) A user may obtain a variance from a federal categorical pretreatment standards if the user proves, pursuant to 40 C.F.R. § 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the federal categorical pretreatment standards.
(6) A user may obtain a net gross adjustment to a federal categorical pretreatment standards in accordance with 40 C.F.R. § 403.15. Federal categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the user’s intake water.
(7) Where there is a conflict between federal, state or local pretreatment standards, the more stringent pretreatment standard shall apply.
(8) Where the POTW achieves consistent removal of pollutants limited by federal categorical pretreatment standards, the township may apply to the Approval Authority for modifications of specific limits in the federal categorical pretreatment standards. Appendices G-I and G-II contained in 40 C.F.R. § 403.7 list those pollutants that are eligible for removal credits. Removal credits are only available for the various use and disposal practices regulated under the 40 C.F.R. § 503 sludge regulations. CONSISTENT REMOVAL shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the POTW to a less toxic or harmless state in the effluent in 95% of the samples taken when measured according to the procedures set forth in 40 C.F.R. § 403.7(c). The township may then modify pollutant discharge limits in the federal categorical pretreatment standards if the requirements contained in 40 C.F.R. § 403.7 are fulfilled and prior approval from the Approval Authority is obtained.
(D) Local limits. Local limits for pollutants of concern may be established by resolution of the Board of Supervisors of the township to protect against pass through and interference, and to protect the sludge quality. Local limits may be allocated on an individual basis to the industrial users and defined through wastewater discharge permits issued pursuant to § 55.03. The township may continue to develop these limits as necessary and effectively enforce such limits.
(E) Township’s right of revision. The township reserves the right to establish through wastewater discharge permits more stringent limitations or requirements on discharges to the POTW if deemed necessary and appropriate to comply with the objectives presented in this chapter.
(F) Dilution. 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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The township may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limits is appropriate.
(G) Pretreatment facilities.
(1) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards, local limits and the prohibitions set out in division (A) above. Any facilities required to pretreat wastewater to a level acceptable to the township shall be provided, operated and maintained at the user’s expense. Detailed plans snowing the pretreatment facilities and operating procedures shall be submitted to the township for review, and shall be acceptable to the township before construction of the facility. The township does not by its acceptance of any of the designs or installations of the plans and equipment, or of any other information or plans submitted by the user, warrant or aver in any manner that the user’s implementation of such measures will result in compliance with applicable pretreatment standards and requirements. Notwithstanding any acceptance of such plans by the township, the user remains solely responsible for compliance with applicable pretreatment standards and requirements and all other federal, state and local requirements. The review of such plans and operating procedures in no way relieves the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the POTW under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the township prior to the user’s initiation of the changes.
(2) The user shall at all times properly operate and maintain all pretreatment facilities and systems of treatment and control (and related appurtenances) which are installed or used by the user to achieve compliance with pretreatment standards and requirements. This includes adequate laboratory controls and appropriate quality assurance procedures, the operation of back-up or auxiliary facilities, or similar systems which are installed by the user only when the operation is necessary to achieve compliance. Except as provided by § 55.05(C)(2), the intentional diversion of wastestreams from any portion of the user’s treatment facility is prohibited.
(H) Additional pretreatment requirements. Whenever the township deems it necessary, the township may require a user to restrict its discharge during peak flow periods; to discharge at a consistent flow rate; to discharge certain industrial wastewaters only into specific sewers; to relocate and/or consolidate points of discharge; to separate domestic wastewater from industrial wastewater; and to perform and maintain such other conditions as may be necessary to protect the POTW and to determine the user’s compliance with the requirements of this chapter.
(I) Grease traps and grease interceptor requirements.
(1) The township may require any existing food service establishment and shall require all new food service establishments to install grease traps or grease interceptors subject to such terms and conditions as deemed necessary by the township to protect the sewer system and the wastewater treatment facility from excessive amounts of fats, oils and grease (FOG). Among the factors to be considered by the township is whether the user’s discharge has the potential to obstruct the flow in the sewer system or to interfere with the operation of the wastewater treatment facility.
(2) Sizing of grease interceptors is based on wastewater flow and grease retention capacity. Indoor grease traps shall be designed in accordance with the Plumbing and Drainage Institute Standard, PDIG101. if feasible, a grease interceptor shall be placed outside the building instead of an inside grease trap. The minimum size grease interceptor required is 1,000 gallons. Interceptors can be installed in series if greater capacity is needed. Grease interceptors shall be constructed of impervious materials capable of withstanding abrupt or extreme changes of temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place shall be gas-tight and water-tight. Other design considerations shall include, but are not limited to the following: minimum of two compartments, each with its own manhole, and a center baffle to allow floating of FOG and settling of solids; inlet and outlet on grease interceptor shall be properly baffled; flow control devices; manholes finished to grade to allow easy access for proper maintenance; cieanout on outlet side of interceptor; inaccessibility to insects and vermin; and installation of sample vault with hydraulic jump on discharge side of interceptor.
(3) Grease traps and grease interceptors shall be located in the service lateral line between all fixtures that may introduce FOG into the sewer system and the service connection to the sewer system. Such fixtures include, but are not limited to, sinks, dishwashers, garbage disposals, automatic hood wash units, floor drains in food preparation and storage areas, and any other fixture that may be a potential source of FOG. Indoor grease traps will not be approved for food service establishments that are equipped with dishwashers or garbage disposals. The trap/interceptor size, type of construction, and the location of the installation shall be acceptable to the township prior to installation.
(4) Grease traps and grease interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner at his or her expense. To maintain grease traps and grease interceptors in a continuously efficient operation at all times, the owner shall be responsible for the proper removal and disposal of the captured material, and shall maintain records, which include, dates of maintenance, person performing maintenance, estimated volume of FOG removed, hauler receipts or manifests, disposal locations and facility manager’s verification. The frequency of cleaning shall be as specified by the trap/interceptor manufacturer, based on the size of the food service establishment and the type of food served, whichever is more stringent. Such records are subject to review by the township. Township personnel may make periodic inspections of the installed facilities and associated records to assure proper operation, maintenance and disposal procedures are being practiced.
(J) Oil/water separator requirements.
(1) Oil/water separators shall be installed at existing automotive repair facilities and car washes if the potential exists for petroleum oils to be discharged to the sewer system via floor drains. New facilities of this type are prohibited from installing floor drains that are connected to the sewer system. The type and size of oil/water separator shall be determined by the owner and shall be acceptable to the township prior to installation.
(2) Oil/water separators shall be inspected, cleaned and repaired regularly, as needed, by the owner at his or her expense. The owner shall be responsible for the proper removal and disposal of the captured material from oil/water separators, and shall maintain records of the dates and means of disposal. Such records are subject to review by the township. Township personnel may make periodic inspections of the installed facilities and associated records to assure proper operation, maintenance and disposal procedures are being practiced.
(K) Accidental discharge/slug discharge control plan.
(1) Upon notification from the township, a user shall provide protection from accidental and slug discharges of prohibited materials or other substances regulated by this chapter, or by federal or state regulations. Facilities to prevent accidental or slug discharges of prohibited materials shall be provided and maintained at the user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted by the user to the township for review, and shall be subject to township acceptance before construction of the facility. All users shall be evaluated for the necessity for an accidental discharge/slug discharge control plan by the township in accordance with requirements found at 40 C.F.R. § 403.8(f)(2)(vi). The township may require any user to develop, submit for approval, and implement such plan and take such other action that may be necessary to control slug discharges. All industrial users are required to notify the POTW immediately of any changes at its facility affecting potential for a slug discharge.
(2) An accidental discharge/slug discharge control plan shall address, at a minimum, the following requirements:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals and material safety data sheets (MSDS);
(c) Procedures for immediately notifying the POTW of any accidental or slug discharge, as required by § 55.04(F);
(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents and/or measures and equipment for emergency response; and
(e) Such other conditions as deemed appropriate by the township.
(L) Hauled waste. Should the township decide to accept hauled waste of domestic origin, such waste may be introduced into the POTW only at locations designated by the township, and at such times as are established by the township; such waste shall not violate this chapter or any other requirements established by the township.
(1) Waste haulers may be required to obtain a waste hauler permit. In such cases, the application may, at a minimum, contain the following information:
(a) Name, address, location and telephone number;
(b) Vehicle information;
(c) Description of wastes to be discharged;
(d) List of permits held by the applicant for generation, transport and disposal;
(e) Estimate of total volume of waste to be discharged at the POTW; and
(f) Name of the authorized representative of the waste hauler.
(2) Waste hauler permits may include, but not be limited to, the following conditions:
(a) Permit effective date and annual renewal;
(b) Designated disposal site and discharge hours;
(c) Random sampling requirements;
(d) Right of refusal to accept hauled waste;
(e) Prohibited discharges and local limits;
(f) Waste tracking system; and
(g) Penalties and other enforcement actions.
(3) Tracking of hauled waste through the use of a waste manifest form may include, but not be limited to, the following information:
(a) Generator and hauler name, address and telephone number;
(b) Permit number;
(c) Type and volume of waste; and
(d) Signatory requirements.
(Ord. 2-2010, passed 11-4-2010) Penalty, see § 55.99
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