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After the expiration of the particular periods specified in § 18-202 of this Part 2, if any owner of an occupied building on property in the Township accessible to the sewer system shall have failed to connect such property with the sewer system as required by said § 18-202, the Township shall cause to be served on the owner of such property so failing to connect to said sewer system, and also upon the occupants of the building in question, a copy of this Part and a written or printed notice requiring such connection to be made, and such notice shall further state that its requirements shall be complied with within 30 days from the date thereof.
(Ord. –/–/1976, § 6)
The provisions of this Part are declared to be for the health, safety and welfare of the citizens of the Township and persons violating any provisions of this Part 2, upon conviction thereof before any magisterial district judge of Luzerne County, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. Each occupied building, as hereinbefore defined, whether or not the owners thereof shall be permitted to connect two or more occupied buildings or units by a single common connection to a lateral of the sewer system or shall be required to make separate connections for each occupied building or unit, shall constitute a separate and distinct unit under the provision of this Part 2 and the persons owning occupied buildings, consisting of multiple units contained in the same structure, who violate any of the provisions of this Part 2, shall be subject to the aforesaid fine for each and every one of such occupied buildings or units which are in violation of the provisions of this Part 2.
(Ord. –/–/1976, § 7; as amended by A.O.)
The Township Commissioners of the Township do hereby grant to the Authority all easements, rights-of-way and other rights on, under and over the public streets and alleys of the Township necessary or desirable to facilitate the construction of the sewer system subject to all applicable Township ordinances.
(Ord. –/–/1976, § 8)
Part 3
Uniform Requirements for Direct and Indirect Contributors to the Waste Water Collection and Treatment System
Uniform Requirements for Direct and Indirect Contributors to the Waste Water Collection and Treatment System
A. General Provisions
1. Plains Township (hereinafter the “municipality”) owns and operates a wastewater collection system which is subject to a service agreement with the Wyoming Valley Sanitary Authority for the collection and treatment of wastes and sewage collected by such system and contributed by residents of the municipality.
2. This Part 3 sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system and enables the Township and the Authority to comply with all applicable state and federal laws as required by the Clean Water Act of 1977, 33 U.S.C.A. §§ 1251 et seq., the General Pretreatment Regulations (40 C.F.R. Part 403), the Pennsylvania Clean Streams Law and the provisions of the service agreement.
3. The objectives of this Part 3 are:
A. To prevent the introduction of pollutants into the wastewater collection and treatment system which will interfere with the operation of the system, contaminate the resulting sludge, be difficult to treat by conventional means or otherwise be incompatible with the system.
B. To prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving streams or the atmosphere, causing pollution.
C. To improve the opportunity to recycle and reclaim wastewater and sludges from the system.
D. To provide for equitable distribution of costs occasioned by the acceptance of industrial or other wastes of unusual characteristics.
4. This Part 3 provides for the regulation of contributors to the municipal wastewater system through the establishment of standards for discharge of wastes; by authorizing the issuance of permits to certain nondomestic users; by providing general requirements for all users; by authorizing monitoring and enforcement activities; by requiring certain reporting by users; and by providing for the setting of fees for the equitable distribution of costs resulting from the program established herein.
5. This Part 3 shall apply to all persons who discharge wastes, wastewater or sewage into the sanitary sewer system of the municipality. Except as otherwise provided herein, the Executive Director of the WVSA shall administer, implement and enforce the provisions of this Part 3.
(Ord. 2012-4, 9/13/2012, § 1.1)
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part, shall have the meanings hereinafter designated:
Act or the Act–the Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, 33 U.S.C. §§ 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.
Authorized representative–the person authorized to sign required reports, as defined at 40 C.F.R. § 403.12(1).
Best Management Practices (BMPs)–schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the provisions of this Part 3, including the prohibitions listed in § 18-311 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 § 18-358 of this Part, 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)).
Categorical industrial user–industrial user that is subject to a National Categorical Pretreatment Standard.
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).
Control authority–the WVSA.
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 Part 3. 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 water-borne sewage and other wastes normally discharged by a household, including toilet wastes, laundry, washwater and other gray water, and similar wastes.
Domestic user–a user who discharges only domestic sewage.
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 onetime 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.
Indirect discharge or discharge–the discharge or the introduction of pollutants into the sanitary sewer system from any nondomestic user.
Industrial user–any user that discharges industrial wastewater.
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 non-profit organizations, governmental agencies or business activities. If domestic sewage is mixed with industrial wastewater, the mixture is industrial wastewater.
Industrial wastewater discharge permit–a permit authorizing the discharge of industrial wastewater into the sanitary sewer system.
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 § 405 of the Act, 33 U.S.C. § 1345, or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act, 42 U.S.C. § 6962, (including the RCRA), the Clean Air Act, 42 U.S.C. §§ 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 C.F.R. § 403.5(c) (which such limits shall be deemed pretreatment standards), and any other limits developed by WVSA to implement the provisions of this Part 3 or the WVSA Rules and Regulations.
National Categorical Pretreatment Standard–EPA-promulgated indirect discharge standards for certain industrial process categories under §§ 307(b) and (c) of the Act, 33 U.S.C. § 1317(b), (c), which are codified at 40 C.F.R. 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 § 307(c) of the Act, 33 U.S.C.A. § 1317(c), which will be applicable to such source, if such standard is thereafter promulgated, as defined at 40 C.F.R. § 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.
Non-significant categorical industrial user–An industrial user subject to National Categorical Pretreatment Standards that is determined by the control authority to be a non-significant 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:
(1) The industrial user, prior to the control authority’s determination, has consistently complied with all applicable categorical pretreatment standards and requirements.
(2) 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 C.F.R. (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 non-significant categorical industrial user as described in § 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:___________________.”
(3) 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, 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.
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 C.F.R. § 403.6(d).
Pretreatment requirements–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 C.F.R. § 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 Part 3.
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.
Shall versus may–shall is mandatory; may is permissive.
Significant industrial user–any user, not classified as a non-significant industrial user by the WVSA:
(1) That is subject to National Categorical Pretreatment Standards; or
(2) 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
(3) That contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the WVSA’s treatment plant; or
(4) 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.
Significant noncompliance–As defined in § 18-358 of this Part 3.
Slug discharge–any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge which has reasonable potential to cause interference or pass through or in any other way violate the provisions of this Part 3, 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 EPA under provision of § 307(a) of the Act, 33 U.S.C. § 1317(a), as listed on Tables II and III of Appendix D of 40 C.F.R. 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.
Wastewater treatment plant or treatment plant–the facilities owned and operated by the WVSA for the treatment and disposal of wastewater.
The 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 P.S. §§ 301 et seq., as amended, with which the Township has a service agreement providing for the collection and treatment of wastewater flowing from the sanitary sewer system of the Township. The principal place of business of the WVSA is located at 1000 Wilkes-Barre Street, Wilkes-Barre, PA 18711.
WVSA facilities–all facilities owned, maintained, or operated by the WVSA, including the treatment plant, interceptor sewers, pumping stations and other such facilities.
(Ord. 2012-4, 9/13/2012, § 1.2)
B. Regulations
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