A. Purpose and policy.
(1) This Part sets forth uniform requirements for users of the publicly owned treatment works for the City of Reading, Pennsylvania, and enables the City to comply with all applicable state and federal laws, including the Clean Water Act, 33 U.S.C. § 1251 et seq., and the General Pretreatment Regulations, 40 CFR Part 403, and amendments, thereto. The objectives of this Part are:
(a) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation.
(b) To prevent the introduction of pollutants into publicly owned treatment works that will prevent or restrict the beneficial reuse of the resulting sludge from the wastewater treatment process.
(c) To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works.
(d) To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public.
(e) To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works.
(f) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works.
(g) To enable the City of Reading to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.
(2) This Part shall apply to all users of the City of Reading publicly owned treatment works and to persons outside the City who are, by contract or agreement with the City, users of the City publicly owned treatment works. The Part authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This Part supersedes Ordinance Nos. 61-84, 1-87, 104-89, 7-94, and 48-86, as amended, and provisions of those ordinances are null and void where they conflict with specifics contained herein.
B. Administration.
(1) This Part provides for the regulation of contributors to the POTW and wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for users, authorizes monitoring, compliance, and enforcement activities; requires user reporting; assumes that existing customer's capacity will not be preempted; and provides for the setting of fees for their equitable distribution of costs resulting from the program established herein.
(2) This Part shall apply to all users of the POTW. Except as otherwise provided herein, the Industrial Waste Administrator shall administer, implement, and enforce the provisions of this Part. Any powers granted to or duties imposed upon the Industrial Waste Administrator may be delegated by the Industrial Waste Administrator to other City personnel or to the City's authorized agent.
C. Abbreviations and acronyms. The following abbreviations or acronyms shall have the designated meanings:
APR — Average percentage rate
ASTM — American standard testing materials
BAT — Best available treatment
BATEA — Best available technology economically achievable
BCT — Best control technology
BMP — Best management practices
BMR — Baseline monitoring report
B/N — Base/neutral
BOD — Biochemical oxygen demand
BPJ — Best professional judgment
BPT — Best professional technology
CERCLA — Comprehensive Environmental Response, Compensation and Liability Act
CFR — Code of Federal Regulations
CIU — Categorical industrial user
COD — Chemical oxygen demand
CSO — Combined sewer overflow
CWA — Clean Water Act
CWF — Combined waste stream formula
DMR — Discharge monitoring report
DSS — Domestic sewage study
EMS — Enforcement management system
EP — Extraction procedure
EPA — Environmental Protection Agency of the United States
ERP — Enforcement response plan
FDF — Fundamentally different factor
FOV — Finding of violation
FOG — Fats, oil and grease
FR — Federal Register
FTE — Full-time equivalent
FWA — Flow-weighted averaging
FWPCA — Federal Water Pollution Control Act
GC/MS — Gas chromatograph mass spectrophotometry gpd — Gallons per day
I + I — Infiltration and inflow
IU — Industrial user
IWA — Industrial Waste Administrator
IWS — Industrial waste survey
MAHL — Maximum allowable headworks loading
MGD — Million gallons per day mg/l — Milligrams per liter
MOU — Memorandum of understanding
MSDS — Material safety data sheet
NH3-N — Ammonia (NH3) expressed as nitrogen (N)
NIOSH — National Institute of Occupational Safety and Health
NMP — National municipal policy
NPDES — National pollutant discharge elimination system
NON — Notice of noncompliance
NOV — Notice of violation
OCPSF — Organic chemicals, plastics and synthetic fibers
O&G — Oil and grease
O&M — Operations and maintenance
OSHA — Occupational Safety and Health Administration
OWEC — Office of Water Enforcement and Compliance
PAD — Proportioned actual domestic flow
PaDEP — Pennsylvania Department of Environmental Protection
PAH — Polynuclear aromatic hydrocarbons
PAI — Proportioned actual industrial flow
PASS — Pretreatment audit summary system
PCB — Polychlorinated biphenols
PCI — Pretreatment compliance inspection
PCME — Pretreatment compliance monitoring enforcement
PCS — Permit compliance system
PIRT — Pretreatment Implementation Review Task Force
POTW — Publicly owned treatment works
ppd — Pounds per day
ppm — Parts per million
ppb — Parts per billion
PPETS — Pretreatment permits enforcement tracking system
PQR — Permit quality review
PSNS — Pretreatment standards for new sources
PSES — Pretreatment standards for existing sources
QAQC — Quality assurance quality control
QNCR — Quarterly noncompliance report
RCRA — Resource Conservation and Recovery Act
RNC — Reportable noncompliance
SARA — Superfund Amendments and Reauthorization Act
SIC — Standard industrial classification
SIU — Significant industrial user
SMP — Solvent management plan
SNC — Significant noncompliance
SPCC — Spill prevention control and countermeasures
SPMS — Strategic planning and management system
STP — Sewage treatment plant
STLC — Soluble threshold limit concentration
SU — Standard units
SUO — Sewer Use Ordinance [this Part]
SWDA — Solid Waste Disposal Act
TCLP — Toxicity characteristic leachate procedure
TDS — Total dissolved solids
TICH — Total identifiable chlorinated hydrocarbons
TOMP — Toxic organic management plan
TRC — Technical review criteria
TRE — Toxicity reduction evaluation
TSS — Total suspended solids
TTO — Total toxic organics
TTLC — Total threshold limit concentration
USC — United States Code ug/1 — micrograms per liter
VOA — Volatile organic analysis
VOC — Volatile organic compounds
VSS — Volatile suspended solids
WENDB — Water enforcement national data base
WEF — Water Environment Federation
WQA — Water Quality Act
WQS — Water quality standard
WWTP — Wastewater treatment plant
D. Definitions. Unless a provision explicitly states 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, as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY — The EPA Regional III Administrator.
APPURTENANCE — Auxiliary structures attached to a sewer which shall include, but not be limited to, pump stations, slots, regulators, outfalls, force mains, manholes, catch basins, tide gates, monitoring devices and metering chambers.
AUTHORIZED EMPLOYEES OR AGENTS OF THE CITY — A person who by reason of his or her general position or job description with the City has specific duties and responsibilities to perform on behalf of the City. Also included are agents of the City who are authorized by the IWA to act on behalf of the City through an authorization letter.
AUTHORIZED REPRESENTATIVE OF THE USER —
(1) If the user is a corporation:
(a) The president, secretary, treasurer or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation.
(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if 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; a general partner or proprietor, respectively.
(3) If the user is representing federal, state or local governments, or an agent thereof, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility.
(4) The individuals described in Subsections (1) through (3) above may designate another authorized representative if said authorization is submitted to the City in writing and specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters of the company.
BATCH DISCHARGE — The discharge of all or part of the contents of a tank that occurs intermittently or over a short period of time.
BIOCHEMICAL OXYGEN DEMAND or BOD — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration (e.g., mg/l).
BIOLOGICALS — Preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing or treating humans or animals or in research pertaining thereto.
BLOOD PRODUCTS — Any products derived from human blood, including but not limited to whole blood, blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc.
BODY FLUIDS — Liquids emanating or derived from humans including blood products, cerebrospinal, pleural, peritoneal and pericardial fluids and amniotic fluids and semen and vaginal secretions but excluding feces, urine, nasal secretions, sputum, sweat, tears, saliva and breast milk, unless any such excluded substance contains visible blood or is isolation waste.
BUILDING DRAIN — That part of the lowest horizontal piping within a building that carries water, wastewater or stormwater to a building sewer.
BUILDING SEWER — The extension from the building drain to the public sewer, or other place of disposal. Also referred to as "house connection."
BYPASS — The intentional or unintentional diversion of waste streams from any portion of a user's treatment facility.
CHAIN OF CUSTODY — Written documentation such as receipts and record book entries to show the history of possession, custody and/or control of a sample from collection through analysis.
CHEMICAL OXYGEN DEMAND (COD) — A measure of the amount of oxygen required to oxidize organic and oxidizable inorganic compounds in water.
CHLORINE DEMAND — The quantity of chlorine absorbed in water, sewage or other liquids, allowing a residual of 0.1 mg/l, after 15 minutes of contact.
CITY — The City of Reading, Pennsylvania. The agent of the City who is authorized by this Part to implement the City's industrial pretreatment program shall be the Industrial Waste Administrator.
COLLECTION FACILITIES — The sewers, lift stations, and other City facilities used to collect wastewaters from individual users within specific tributary districts and transport them to conveyance facilities for transmission to the treatment plant for processing.
COLOR — As analyzed by methods specified by 40 CFR, Part 136.
COMMERCIAL USER — A source of discharge of wastewater to the City sewer system from premises used partially or entirely for commercial purposes.
COMPOSITE SAMPLE — The sample collection technique resulting from the combination of individual wastewater grab samples taken at selected intervals based on either an increment of flow or time.
CONTACT COOLING WATER — Any water used for cooling purposes which comes into direct contact with the object being cooled such as any raw material, intermediate product, waste product or finished products.
CONTROL AUTHORITY — Shall refer to the City or the City of Reading POTW.
CONVENTIONAL WASTEWATER POLLUTANTS — Pollutants so designated in accordance with § 304(a)(4) of the Act as being effectively managed by secondary treatment as defined by 40 CFR, Part 133.
DAILY MAXIMUM — The maximum allowable discharge of a pollutant during a calendar day. Where maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of a day. Where daily maximum limitations are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant derived from all measurements taken that day.
DIRECT CONNECTION — The connection of a building sewer directly to a sewer owned by the City.
DIRECT DISCHARGE — The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
DISCHARGE — The introduction of wastewater, water, and/or pollutants into the City's facilities from any source.
DOMESTIC WASTE — The normal water-carried household and toilet wastes from residences, business buildings, institutions and industrial establishments. Also known as "sewage."
EASEMENT — The acquired legal right to use land owned by others for a specific purpose.
ENFORCEMENT RESPONSE PLAN — A plan which sets forth the City's enforcement response to violations of this Part, as required by 40 CFR, Part 403.
ENVIRONMENTAL PROTECTION AGENCY or EPA — Shall refer to the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director, or other duly authorized official of said agency.
EXISTING SOURCE — Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.
FACILITY OR FACILITIES — See "wastewater facilities."
FLASHPOINT — The temperature at which a liquid or volatile solid gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the test vessel. Flashpoint is determined by the test methods set out in 40 CFR 261.21.
GARBAGE — Shall include, but not be limited to, the wastes resulting from the handling, preparation, cooking and serving of food, and from the handling, storage and sale of product.
GARBAGE DISPOSAL UNIT or GARBAGE GRINDER — A mechanical device used for grinding, shredding or macerating garbage to a small particle size before discharge to the sewer.
GRAB SAMPLE — A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
GREASE — A substance which tests positive in the standard analytical method used for this parameter. Grease may be composed of volatile and nonvolatile residual fats, oils, fatty acids, soaps, waxes, mineral oils and other materials of similar composition.
GREASE REMOVAL DEVICE — A device for removal of grease and/or oil from a wastewater discharge.
HOLDING TANK WASTE — Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT CONNECTION — A building sewer connection that is not a direct connection; and whose wastewater discharge shall, notwithstanding the passage in its normal course through other sewers or conduits, ultimately discharge in whole or in part through City sewers.
INDIRECT DISCHARGE or DISCHARGE — The discharge or the introduction of pollution 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 discharge into the system).
INDUSTRIAL ESTABLISHMENT — Any improved property used, in whole or in part, for manufacturing, processing, cleaning, laundering, or assembling any product, commodity or article; or from which any process waste, as distinct from sewage, shall be discharged.
INDUSTRIAL USER — A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to § 402 of the Act. In addition, "industrial user" shall also be defined as an establishment which discharges or introduces industrial waste into the POTW.
INDUSTRIAL WASTE — Shall have the meaning ascribed to it in the Act of June 22, 1937, P.L. 1987, No. 394, known as the "Clean Streams Law,"
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and the regulations adopted thereunder.
INDUSTRIAL WASTE ADMINISTRATOR (IWA) — The person designated by the City to administer its industrial waste program and who is charged with certain duties and responsibilities by this Part or his/her duly authorized representative.
INFECTIOUS WASTES — Wastewater contaminated by or containing any agent or organism, such as a virus or a bacteria, capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE 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.
INTERFERENCE — A discharge, which alone or in conjunction with a discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and (2) therefore, is a cause of a violation of the City'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 any of the following statutory regulatory provisions or permits issued thereunder, or any more stringent state or local regulations; § 405 of the Act, the Solid Waste Disposal Act, including Title II, commonly referred to as the "Resource Conservation and Recovery Act" (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
ISOLATION WASTE — Biological waste and discarded materials contaminated with blood, excretion, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases and specified by the Center for Disease Controls (CDC) as classification 4.
MANHOLE — A shaft or chamber leading from the surface of the ground to a sewer; large enough to enable a person to gain access to the sewer.
MAY — Is permissive; "shall' is mandatory.
MEDICAL WASTE — Any solid waste which is generated in the diagnosis, treatment (e.g., provisions of medical services), or immunization of human beings or animals in research pertaining thereto, or in the production or testing of biologicals.
MONTHLY AVERAGE — The arithmetic mean of the values for effluent samples collected over a calendar month.
MUNICIPALITY — Any City, borough, township, municipal authority, county, county authority, state authority or sewer district that discharges wastewater into the sewers owned by the City.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL 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 apply to a specific category of users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts 405 through 471.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT — A permit issued pursuant to § 402 of the Federal Water Pollution Control Act, 33 U.S.C. § 1342.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD — Any regulation developed under the Authority of § 301(b) of the Act and 40 CFR 403.5.
NONSIGNIFICANT INDUSTRIAL USER — A user designated as such by the IWA based on the user's discharge quantity and quality. Such users may include but are not limited to commercial users, medical officers (doctor, dentist, etc.), garages and auto repair facilities, funeral parlors, and laboratories. The ultimate determination of the status of nonsignificant industrial user is within the discretion of the IWA pursuant to the terms and conditions of this Part.
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 pretreatment standards under § 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:
(a) The building, structure, facility, or installation is constructed at a site at 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 Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this subsection has commenced 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;
[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; or
(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. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies to not constitute a contractual obligation under this subsection.
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.
OUTFALL — The mouth of a sewer, drain or conduit where an effluent is discharged into the receiving waters, or discharged into the POTW collection system.
OWNER or OPERATOR — Any person who owns, leases, operates, or controls or supervises a source.
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 City's NPDES permit, including an increase in the magnitude or duration of a violation.
PERMITTEE — The City of Reading POTW.
PERSON — Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state, and local governmental entities. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH — A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT — Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
POLLUTION — The man-made, or man induced alteration of the chemical, physical, biological or radiological integrity of water.
PRETREATMENT or TREATMENT — 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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS — Any substantive or procedural requirement related to pretreatment imposed on a user, including a pretreatment standard or procedural provision of the Federal Water Pollution Control Act (62 Stat. 115, 33 U.S.C. § 1251 et seq.) or the Act of June 22, 1937, P.L. 1987, No. 394, known as the "Clean Streams Law," or any rule or regulation, ordinance or term or condition of a permit or order adopted or issued by the commonwealth 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.
PRETREATMENT STANDARDS or STANDARDS — Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES — The absolute or conditional prohibition from discharge of a substance, group of substances or type of substance as defined in § 467-202A of this Part.
PUBLICLY OWNED TREATMENT WORKS or POTW — A treatment works as defined by § 212 of the Act, 33 U.S.C. §
POTW TREATMENT PLANT — That portion of the POTW designed to provide treatment to wastewater.
REGULATED MEDICAL WASTE — A special category of solid waste that includes specific types of medical waste that includes solid, semisolid, or liquid materials, but does not include domestic sewage materials. This waste is subject to the handling and tracking requirements of Pennsylvania Department of Environmental Protection. Categories of regulated medical waste are defined as blood, blood products, body fluids, contaminated sharps, discarded cultures and stocks of infectious agents and associated biologicals, isolation wastes, pathological waste and oncological waste.
RESIDENTIAL USERS — Persons only contributing sanitary wastewater to the municipal wastewater system.
SANITARY SEWER — A sewer that is designed to carry liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface wastes that are not discharged intentionally.
SEPTIC TANK WASTE — Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE — Human excrement and gray water (household showers, dish-washing operations, etc.).
SEWER — A pipe or conduit, and other appurtenance provided to carry wastewater or stormwater.
SHALL — Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER —
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(b) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(3) Upon a 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, the City may, at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE — An industrial user is in significant noncompliance if its violation meets one or more of the specific criteria set forth in 40 CFR 403.8(f)(2)(vii). For purposes of this definition, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six- month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other discharge violation that has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
(4) Any discharge or pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge.
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance, including failure to report and resample in accordance with § 467-206H; or
(8) Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program.
SLUDGE — The solids, residues, and precipitate separated from wastewater by the unit processes of a publicly owned treatment works or industrial pretreatment systems.
SLUG LEAD or SLUG — Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which would cause a violation of the prohibited discharge standards in § 467-202 of this Part.
SOURCE — Any building, structure, facility or installation from which there is or may be the discharge of pollutants.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE — A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STANDARD METHODS — Methods for the examination of water and wastewater published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
STATE — Commonwealth of Pennsylvania.
STORM SEWER — A sewer that carries stormwater and other wash waters or drainage, but excludes domestic, sanitary, commercial, and industrial wastes. Also called a "storm drain."
STORMWATER — Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SURFACE WATER POLLUTANT — Stormwater or other wash water or drainage carrying any pollutants which affect the characteristics of wastewater.
SUSPENDED SOLIDS — The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering in accordance with EPA laboratory procedures (40 CFR, Part 136).
SUPERINTENDENT — The person designated by the City to supervise the operation of the POTW or his/her duly authorized representative.
TOXIC POLLUTANT — Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA § 307(a) or other Acts.
TREATMENT PLANT EFFLUENT — Any discharge of pollutants from the City's facilities into wastes of the state.
TURBIDITY — A condition in water or wastewater caused by the presence of suspended matter, resulting in the scattering and absorption of light rays and determined by measurements of light diffraction, usually reported in arbitrary turbidity units.
USER or INDUSTRIAL USER — Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
WASTEWATER — The spent water of the community. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, institutions and governmental facilities whether treated or untreated, which are contributed to the POTW.
WASTEWATER FACILITIES (FACILITIES) — The structures, equipment, and processes required for the collection, treatment, and disposal of wastewater and sewage sludge which are owned and operated by the City.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT — That portion of the POTW which is designed to provide treatment of wastewater and sewage sludge sometimes used as synonymous with waste treatment plant, sewage treatment plant, or wastewater treatment works.
WATERS OF THE STATE or WATERS OF THE COMMONWEALTH — 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.
ZERO DISCHARGE WASTEWATER PRETREATMENT SYSTEM — A wastewater pretreatment system with no discharge to the sewer system.
5. Editor's Note: See 35 P.S. § 691.1 et seq.