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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
1. No person shall discharge, release, place or allow to be placed, any wastewater of any nature into any stream, storm sewer, waterway or any other place within the Township other than the sanitary sewers.
2. No user shall contribute, cause or allow to be discharged, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewer system or the WVSA facilities. These general prohibitions apply to all users of the sewer system whether or not the user is subject to any pretreatment standards or requirements or any other federal, state or local pretreatment standards or requirements. A user shall not contribute the following substances to the sanitary sewer system or the WVSA’s facilities:
A. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with any other substance to cause fire or explosion or be injurious in any other way to the WVSA or to the operation of the WVSA’s treatment plant. Discharges prohibited under this Section shall include, but not be 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 system (or any point in the system) be more than five percent, nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which cause or contribute to a fire hazard or a hazard to the sewer system in the quantities or concentrations discharged.
B. Any wastewater having a pH value less than 6.0 or greater than 11.5 in any grab sample, or a wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel.
C. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, 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, plastic, gas, tar, asphalt residues, mud, or glass grinding or polishing wastes.
D. Any pollutants, including oxygen demanding pollutants (BOD and the like) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the sewer system. In no case shall a discharge have a flow rate or contain a concentration of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24 hour flow or concentration of pollutants during normal operation. Notwithstanding the criteria above, any slug discharge shall be prohibited.
E. Any wastewater having a temperature which will inhibit biological activity in the WVSA treatment plant resulting in interference, but in no case any wastewater with a temperature at the introduction into the WVSA facilities which exceeds 40°C (104°F).
F. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with any wastewater treatment process, which will cause pass through or interference, or exceed the limitation set forth in a National Categorical Pretreatment standard or local limit.
G. Any discharge which may result in the presence of toxic gases, vapors or fumes within the treatment system in a quantity that may cause acute worker health and safety problems or is sufficient to create a public nuisance or hazard.
H. Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.
I. Any trucked or hauled pollutants, except at discharge points designated by the WVSA.
J. Any substance which may cause the WVSA treatment plant’s effluent or any other product of the WVSA such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation or disposal process. In no case shall a substance discharged to the WVSA’s facilities cause the WVSA to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act, any criteria guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, 42 U.S.C. § 6962, 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 state criteria applicable to the sludge management or disposal method being used.
K. Any substance which will cause or contribute to a violation of the WVSA’s NPDES permit or cause interference or pass through, as established by the local limits adopted by the WVSA.
L. Any wastewater with color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions such as would cause or contribute to pass through or interference.
M. Any wastewater containing any radioactive wastes or isotopes by such half-life or concentration as may exceed limits established by the Executive Director in compliance with applicable state or federal regulations.
N. Any substance which causes a hazard to human life or creates a public nuisance.
3. When a local limit has been developed to implement any of the above prohibited waste standards, compliance with the local limit shall be deemed compliance with the prohibited waste standard unless the user has reason to know that the discharge, notwithstanding the local limit, has a reasonable potential to cause interference or pass through.
(Ord. 2012-4, 9/13/2012, § 2.1)
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 Part 3 for sources in that subcategory, shall immediately supersede the limitations imposed under this Part 3. The Executive Director shall notify all affected users of the applicable reporting requirements under 40 C.F.R. § 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.
(Ord. 2012-4, 9/13/2012, § 2.2)
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.
(Ord. 2012-4, 9/13/2012, § 2.3)
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