[Ord. 1840, 12/9/1996, § 101]
1.Â
This chapter sets forth uniform requirements for direct and indirect
contributions into the publicly owned treatment works (PTOW) for the
Borough of Pottstown (Borough), and enables the Borough to comply
with all applicable State and Federal laws, including the Clean Water
Act of 1977 and the general pretreatment regulations (40 CFR, Part
403). The objectives of this chapter are:
A.Â
To prevent the introduction of pollutants into the Borough POTW which
will interfere, through inhibition and/or enhancement, with the operation
of the POTW or contaminate the resulting sludge.
B.Â
To prevent the introduction of pollutants into the Borough POTW which
will pass through or cause to pass through, the POTW inadequately
treated into receiving waters or the atmosphere or otherwise be incompatible
with the POTW.
C.Â
To improve the opportunity to recycle and reclaim wastewater and
sludges from the Borough POTW.
D.Â
To provide for equitable distribution of the cost of the Borough
POTW.
E.Â
To protect the environment, the general public and Borough personnel
against the hazards associated with discharges of toxic or otherwise
incompatible pollutants into the Borough POTW.
F.Â
To help assure Borough compliance with its National Pollutants Discharge
Elimination System (NPDES) permit, biosolids use and disposal requirements
and regulations, the Clean Water Act, the general pretreatment regulations
and any other State or Federal laws with which the Borough must comply.
G.Â
To prevent or reduce stormwater, groundwater, roof run-off, subsurface
drainage or cooling water from entering into the Borough POTW.
H.Â
To allow the Borough to operate and maintain its POTW in a safe and
effective manner.
2.Â
This chapter provides for the regulation of direct and indirect contributors
to the POTW through the issuance of permits to certain industrial
users, and through enforcement of specific requirements for the other
uses; authorizes monitoring and enforcement activities; requires user
reporting; assumes that existing customer's capacity will not be preempted
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
3.Â
This chapter shall apply to the Borough and to persons outside the
Borough who are users or industrial users of the Borough POTW. Except
as otherwise provided herein, the Borough shall administer, implement
and enforce the provisions of this Part.
4.Â
No statement contained in this chapter shall be construed as preventing
any special agreement or arrangement between the Borough and any industrial
users within or out of the Borough, whereby a waste of unusual strength
or character may be accepted by the Borough by special arrangements
in writing, executed prior to such acceptance, containing safeguards,
limitations and conditions acceptable to the Borough, which shall
comply with all applicable State and Federal laws, including the Clean
Water Act of 1977 and the General Pretreatment Regulations (40 CFR,
Part 403).
[Ord. 1840, 12/9/1996, § 102; as amended by Ord.
1853, 7/14/1997, §§ 1, 2; by Ord. 1902, 3/13/2000;
and by Ord. 2053, 7/14/2008]
Unless the context specifically indicates otherwise, the following
terms and phrases used in this Part shall have the meanings hereinafter
designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 USC § 1251 et seq.
The Regional Administrator of EPA.
An authorized representative of an industrial user may be:
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation.
A general partner or proprietor, if the industrial user is a
partnership or proprietorship, respectively.
A duly authorized representative of the individual designated
above, if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
Schedules of activities, prohibitions of practices, maintenance
procedures and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b). 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.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C., expressed in terms of weight and concentration (milligrams
per liter [mg/l]).
The Burgess and Town Council of the Borough of Pottstown,
Montgomery County, Pennsylvania, and/or its duly authorized representatives.
The Pottstown Borough Authority.
The Borough Council of Pottstown.
The person designated by Borough Council to manage the daily
operations of the Borough.
A pipe or conduit owned by the Pottstown Borough Authority
which carries wastewater and/or authorized industrial wastes, and
to which stormwaters, surface waters and groundwaters are not intentionally
admitted. The Borough sanitary sewer main does not include lateral
connection points from public or private premises.
[Amended by Ord. 2173, 2/13/2018]
The standard technical specifications and requirements for
the construction of water mains and appurtenances and sanitary sewers
and appurtenances, as developed and approved by the Pottstown Borough
Authority.[1]
Any structure having a roof or other covering and designed,
used or intended for supporting or sheltering any use or occupancy.
For purposes of this chapter, each portion of a building which is
completely separated for occupancy purposes from other portions by
fire walls, dividing walls or any other type of wall or separation
structure shall be considered as a separate building.
The applicable International Building and Plumbing Codes.
[Amended by Ord. 2173, 2/13/2018]
All facilities owned, operated and/or constructed by the
building owner which are used to convey wastewater and/or authorized
industrial waste from the building to the Borough's sanitary sewer
main. The building sanitary drainage system includes all piping, laterals
and lateral connection points to the Borough sanitary sewer main from
public or private premises, and shall exclude stormwater, surface
water and groundwater.
A one-piece cast-iron or three-piece Schedule 40 unit consisting
of one one-hundred-eighty-degree bend or two service tees, installed
as part of the building sanitary drainage system to prevent circulation
of air between the wastewater piping within a building and the building
lateral.
[Amended by Ord. 2173, 2/13/2018]
A large volume of waste originating from holding tanks which
has not had its characteristics altered through treatment.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act which apply to a specific category of users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts 405-471.
Any user of the Borough's POTW who:
Has a discharge flow of 25,000 gallons or more per average workday.
Has a flow greater than 5% of the flow in the Borough's WWTP.
Is subject to federal categorical standards.
Is found by the Borough, Pennsylvania Department of Environmental
Protection or the United States Environmental Protection Agency (EPA)
to have significant impact, either singly or in combination with other
contributing industries, on the POTW, the quality of sludge, the system's
effluent quality or air emissions generated by the system.
Any user of the Borough's POTW that discharges nondomestic
pollutants in amounts that, on a routine basis, have an insignificant
impact on the treatment system or collection system or have the potential
to violate the prohibited discharge limitations in this chapter. This
class also includes any industry which presents the potential to cause
sanitary sewer obstruction, slug loads or chemical spills.
Any user of the Borough's POTW that discharges only sanitary
wastewater, has dry processes or is considered to have an insignificant
impact on the POTW.
An agreement entered into by the Borough for assurance of
voluntary compliance, or other similar document establishing an agreement
with any user responsible for noncompliance. Such document will include
specific action to be taken by the user to correct the noncompliance
within a time period specified by the document. Such document shall
have the same force and effect as an administrative order and shall
be judicially enforceable.
The Borough, as defined in this chapter.
The water discharge from any use such as air conditioning,
cooling or refrigeration, to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The person designated by Borough Council to manage the streets,
wastewater collection and water distribution departments of the Borough.
Equivalent domestic unit (EDU) which shall be determined
as follows:
Single-family dwelling – 1 EDU.
Each multifamily dwelling unit or apartment unit –
1 EDU.
Commercial establishment containing, attached to, or appended
to a residential unit – 1 EDU for each commercial and/or residential
unit.
Commercial, industrial, public – to be determined by
meter service size as follows:
|
Meter/Service Size
(inches)
|
Equivalent Dwelling Unit
(EDU)
|
|---|---|
|
5/8
|
1
|
|
3/4
|
2
|
|
1
|
3
|
|
1.5
|
6
|
|
2
|
11
|
|
3
|
23
|
|
4
|
41
|
|
6
|
64
|
|
8
|
92
|
The United States 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.
A sample which is taken from a waste stream over a period
of time not to exceed 15 minutes with no regard to the flow in the
waste stream.
The part of precipitation that infiltrates the ground and
creates the zone of saturation.
Any process change to the POTW, damage to the POTW, pass-through
or any applicable damage that directly correlates to an industrial
discharge.
A watertight receptacle which receives and retains wastewater
and is designed and constructed to facilitate ultimate disposal of
the wastewater at another site. Holding tanks include, but are not
limited to, the following:
|
RETENTION TANK — A holding tank where wastewater is conveyed
to it by a water-carrying system.
| |
|
VAULT PIT PRIVY — A holding tank designed to receive wastewater
where water under pressure is not available.
|
Any waste from holding tanks, such as vessels, campers, trailers
and vacuum pump tank trucks, which has not had its characteristics
degraded through treatment.
The discharge or the introduction of pollutants into the
POTW, including holding tank waste discharged into the POTW and any
source regulated under § 307(b), (c) or (d) of the Act.
As set forth in Part 4 of this chapter.
A component of wastewater generated by industrial users which
cannot be classified as sanitary wastewater, as defined in this chapter.
Material and/or chemicals that kill or restrict the ability
of organisms to treat wastes.
A discharge which causes the inhibition, enhancement or disruption
of the POTW treatment processes or operations or its sludge processes,
use or disposal, which, alone or in conjunction with a discharge or
discharges from other sources, causes a violation of any requirements
of the Borough's NPDES permit (including an increase in the magnitude
or duration of a violation). The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with Section 405
of the Act, 33 U.S.C. § 1345, or any criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act, the Marine
Protection Research and Sanctuaries Act or more-stringent state criteria,
including those contained in any state sludge management plan, prepared
pursuant to Title IV of SWDA, applicable to the method of disposal
or use employed by the POTW.
A part of the building sanitary drainage system owned, operated
and/or constructed by the building owner, used to convey wastewater
from the building to the Borough's sanitary sewer main. The lateral
includes all piping, vents, traps, cleanouts and connection points
to the Borough sanitary sewer main from public or private premises
and shall exclude stormwater, and groundwater. For defining repair,
the lateral shall mean the exterior portion of the building sanitary
drainage system from the building wall to the Borough sanitary sewer
main.
[Amended by Ord. 2173, 2/13/2018]
The rate of discharge of a pollutant expressed as a weight
per unit of time, usually as pounds or kilograms per day.
The Borough's Environmental Protection Agency-approved Municipal
Industrial Pretreatment Program.
The person designated by Borough Council to implement the
Borough's Environmental Protection Agency-approved Municipal Industrial
Pretreatment Program and assist with supervision of the operation
of the Borough's WWTP.
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any building, structure, facility or installation or any
other qualifier found in 40 CFR 403.3(m) from which there is or may
be a discharge of pollutants, the construction of which commenced
after the publication of proposed pretreatment standards under Section
307(c) of the Act.
A user which discharges wastewater from a residential dwelling
or commercial establishment to the POTW.
A user that does not discharge more than 100 gallons per
day (gpd) of total categorical wastewater (excluding sanitary, noncontact
cooling and boiler blowdown wastewater). The following conditions
must be met:
The industrial user, prior to control authority finding, has
consistently complied with all applicable categorical pretreatment
standards and requirements;
The industrial user annually submits the certification statement
required in 40 CFR 403.12(q), together with any additional information
necessary to support the certification statement; and
The industrial user never discharges any untreated, concentrated
wastewater.
Any person vested with ownership, legal or equitable, sole
or partial, of any property and/or building located in the Borough.
A discharge, alone or in conjunction with a discharge or
discharges from other sources, which exits the POTW into waters of
the commonwealth in quantities which may serve to cause a violation
of the POTW's NPDES permit or cause an increase in magnitude or duration
of a violation of the POTW's NPDES permit.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity and any other legal entity or their legal representatives,
agents or assigns. The masculine gender shall include the feminine;
the singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in standard units of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, industrial, municipal and agricultural waste and
certain wastewater containing pollutants such as pH, temperature,
BOD and so forth discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
Any water that has become wastewater due to the chemical
or physical nature of the water; water used to manufacture or produce
any product.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutants or the
alteration of the nature of pollutant properties in wastewater to
a less-harmful state prior to, or in lieu of, discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes or process
changes by other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirements related to pretreatment
other than a pretreatment standard imposed on an industrial user.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292), which includes the sanitary sewer mains,
conduits, pipelines, force mains, metering stations, interceptor sewers,
pumping stations, lift stations, wastewater treatment facilities,
disposal systems and all other plants, structures, equipment, vessels,
conveyances and works owned by the Authority. This definition does
not include sanitary sewers or other conveyances which are not connected
to the Borough's POTW or building sanitary drainage systems. For the
purpose of this chapter, POTW shall also include sanitary sewers or
other conveyances owned by others and located outside the corporate
limits of the Borough which are by contract or agreement with the
Borough users of the Borough's POTW.
[Amended by Ord. 2173, 2/13/2018]
Groundwater or surface water that has become polluted and
must be treated to standards as set forth by the Clean Water Act,
Act 403 and the MIPP.
The wastewater discharge from a residential dwelling or commercial
establishment consisting primarily of effluent from water closets,
bathing facilities, sinks, clothes washers and dishwashers.
The material collected from an onsite sanitary wastewater
treatment system.
A pipe or conduit which carries wastewater and/or authorized
industrial wastes and to which storm, surface and ground waters are
not intentionally admitted.
Is mandatory; may is permissive.
A user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown).
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.
Is designated as such by the Borough on the basis that it has
a reasonable potential for adversely affecting the POTW's operation
by violating any pretreatment standard or requirement.
Upon a finding that a use meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Borough 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.
An industrial user is in significant noncompliance if its
discharge meets one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits as defined
by 40 CFR 403.3(1).
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the numeric pretreatment standard or requirement, including instantaneous
limits as defined by 40 CFR 403.3(1) multiplied by the applicable
TRC (TRC = 1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all
other pollutants except pH).
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit or narrative standard) and POTW.
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare, or to the environment or has resulted in
the POTW's exercise of its emergency authority under § 501
of this chapter to halt or prevent such a discharge.
Failure to meet, within 90 days after the scheduled date, a
compliance schedule milestone contained in a industrial user permit
or enforcement order for starting construction, completing construction,
or attaining final compliance.
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which may include
a violation of best management practices which the POTW determines
will adversely affect the operation or implementation of the local
pretreatment authority.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge,
which has a reasonable potential to cause interference or pass through
or in any other way violate the POTW's regulations, local limits or
permit conditions.
Commonwealth of Pennsylvania.
A classification pursuant to the Standard Industrial Classification
Manual issued by the executive office of the President, Office of
Management and Budget, 1972.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by Borough Council to manage the Water
and Wastewater Departments of the Borough.
Precipitation that does not enter the ground through infiltration
nor is returned to the atmosphere by evaporation; flows over the ground
surface, includes man-made supplies of water.
An interaction between two or more individual compounds which
produce an injurious effect upon the body (or an organism) which is
greater than either of the substances alone would have produced; compound
may be characterized as temperature.
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquids, and which is removable
by laboratory filtering.
Any pollutant or combination of pollutants, listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provisions of CWA § 307(a) or other acts.
A source of indirect discharge.
The liquid and water carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
whether treated or untreated, which is contributed into or permitted
to enter the POTW.
The person designated by Borough Council to oversee and supervise
activities associated with the Borough's wastewater collection system.
That portion of the Borough's POTW designed to provide treatment
to wastewater.
The person designated by Borough Council to supervise the
operation of the WWTP.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation system, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the State or any portion thereof.
[1]
Editor's Note: Ordinance 2173, adopted 2/13/2018, provided that "All references to "Standard Technical Specifications and Requirements for the Construction of Sanitary Sewer and Appurtenances" as referenced in Chapter 18, Sewers and Sewage Disposal, of the Code of Ordinances of the Borough of Pottstown, as amended, shall specifically mean and refer to the specifications adopted by the Pottstown Borough Authority on October 17, 2017, which technical specifications are specifically adopted and incorporated by reference herein."
[Ord. 1840, 12/9/1996, § 103]
The following abbreviations shall have the designated meanings.
1.Â
BOD — Biochemical oxygen demand.
2.Â
CFR — Code of Federal Regulations.
3.Â
COD — Chemical oxygen demand.
4.Â
EPA — Environmental Protection Agency.
5.Â
l — Liter.
6.Â
mg — Milligrams.
7.Â
mg/l — Milligrams per litter.
8.Â
NPDES — National Pollutant Discharge Elimination System.
9.Â
POTW — Publicly owned treatment works.
10.Â
SIC — Standard Industrial Classification.
11.Â
SWDA — Solid Waste Disposal Act, 42 USC § 6901 et
seq.
12.Â
USC — United States Code.
13.Â
TSS — Total suspended solids.
14.Â
TKN — Total Kjeldahl Nitrogen.
