[Ord. 435, 3/17/1999, § 101; as amended by Ord.
460, 3/20/2002]
1.
This Part sets forth uniform requirements for direct and indirect
nondomestic industrial contributors into the wastewater collection
system for the Township of Lower Swatara to effect compliance with
applicable state and federal laws required by the Clean Water Act
of 1977 and the General Pretreatment Regulations (40 CFR 403).
2.
The objectives of this Part are:
A.
To prevent the introduction of pollutants into the municipal wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge.
B.
To prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system inadequately treated into
receiving wasters or the atmosphere or otherwise be incompatible with
the system.
C.
To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system.
D.
To provide for equitable distribution of the cost for the implementation
of the Boroughs' or DTMA's industrial pretreatment programs.
3.
This Part provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for the other users; 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.
4.
This Part shall apply to the Township of Lower Swatara and to persons
outside the Township who are users of the Borough or DTMA Authorities'
POTWs. Except as otherwise provided herein, the Boroughs of Highspire
and Middletown and the Authority of the Township of Derry shall administer,
implement and enforce the provisions of this Part. Nothing contained
in this Part shall be construed as preventing any special agreement
or arrangement between the Township or Township Authority and users
within or out of the Township, whereby a waste of unusual strength
or character may be accepted by the Township by special agreements
in writing, executed prior to such acceptance, containing safeguards,
limitations and conditions acceptable to the Township. These special
agreements do not pertain to wastes from significant industrial users
that are bound by Federal Categorical Pretreatment Standards and in
no case shall a waiver of local discharge limitations allow for a
user to discharge any pollutant which, in combination with other user
regulated discharges, would reasonably be expected to exceed the loadings
determined by the Boroughs or DTMA based upon considerations of, among
other things, interference, pass through and sludge contamination.
[Ord. 435, 3/17/1999, § 102; as amended by Ord.
489, 1/18/2006, § 1]
Unless the context specifically indicates otherwise, the following
terms and phrases as used in this Part shall have the meanings hereinafter
designated. "Shall" is mandatory;
"may" is permissive.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The director in an NPDES state with an approved state pretreatment
program, and the administrator of the EPA in a non-NPDES state or
NPDES state without an approved state pretreatment program.
The Highspire Borough Authority, Dauphin County, Pennsylvania,
or the Middletown Borough Authority, Dauphin County, Pennsylvania,
or the Derry Township Municipal Authority, Dauphin County, Pennsylvania,
or the Lower Swatara Township Municipal Authority, Dauphin County,
Pennsylvania.
An authorized representative of an industrial user may be:
A responsible corporate officer of the level of president, vice
president, secretary or treasurer of the corporation in charge of
a principal business function, or any other person who performs similar
policy or decisionmaking functions for the corporation.
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, if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
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:
The authorization is made in writing by the individual described
in Subsection (1)(a).
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facilities
from which the indirect discharge originates, such as the position
of plant manager, operator of a well, or well field superintendent,
or a position of equivalent responsibility or having overall responsibility
for environmental matters in the company.
The written authorization is submitted to the control authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory conditions, five days
at 20° C, expressed in terms of weight and concentration, milligrams
per liter (mg/L).
The Borough of Highspire, Dauphin County, Pennsylvania, or
the Borough of Middletown, Dauphin County, Pennsylvania.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner face of the building
wall.
A sewer conveying wastewater from the premises of a user
to the POTW.
Federal Categorical Pretreatment Standards or pretreatment
standards.
Wastewater constituents which the wastewater treatment plan
is designed to treat, and wastewater substances which will not interfere
with the treatment system or pass through the treatment system inadequately
treated. Compatible pollutants are noncompatible when discharged in
quantities or qualities that have an impact on the treatment system
of the Boroughs' or DTMA's NPDES compliance.
The "approval authority," as defined hereinabove, or the
Borough or Derry Township Municipal Authority if the Borough or DTMA
has an approved pretreatment program under the provisions of 40 CFR
403.11.
The water discharge from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat or which may contain scale.
The Derry Township Municipal Authority, Dauphin County, Pennsylvania.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
Equivalent domestic unit with the following wastewater characteristics:
|
Flow
|
228 gpd
|
|
Ammonia nitrogen, as N
|
25 mg/L
|
|
BOD
|
250 mb/L
|
|
Phosphorus, as P
|
10 mg/L
|
|
Total suspended solids
|
250 mg/L
|
|
TKN, as N
|
40 mg/L
|
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.
Any regulations containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act
(33 U.S.C. § 1317) which apply to specific category of industrial
users.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under § 307(b) and (c) of the
Act (33 U.S.C. § 1317) into the POTW, including holding
tank waste discharged into the system.
A program administered by a POTW that meets the criteria
established in 40 CFR 403.8 and 403.9, and which has been approved
by the Regional Administrator or State Director in accordance with
40 CFR 403.11.
A commercial or industrial establishment that discharges
any manner of wastewater to the treatment system.
Any solid, liquid, or gaseous substance or form of energy
rejected or escaping from any industrial, manufacturing, trade or
business process or from the development, recovery or processing natural
resources, as distinct from sanitary sewage.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment processes or operations, or its sludge processes,
use or disposal which contributes to a violation of any requirement
of the Authority'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 § 405
of the Act (33 U.S.C. § 1345) or any criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA) including Title II, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA); the Clean Air Act; 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 (Subtitle
D) of SWDA applicable to the method of disposal or use employed by
the POTW.
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of § 307(b)
of the Act and 40 CFR 403.5.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which is 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:
The building, structure, facility or installation constructed
at a site at which no other source is located.
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
The production of wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site.
Construction on a site at which an existing source is located
results in modification rather than a new source if the construction
does not created a new building, structure, facility or installation.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
association, joint stock company, trust, estate, government entity,
any other legal entity or their legal representatives, agents or assigns.
The masculine gender shall include the feminine; the singular include
the plural where indicated by context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution and indicates
the degree of acidity or alkalinity of a substance.
Any dredged spoil, solid waste, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt, and
industrial, municipal and agricultural waste discharged into water.
That portion of the POTW designed to provide treatment to
wastewater.
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, biological processes or process
changes by other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a Federal Categorical Pretreatment Standard imposed on
an industrial user.
A treatment works defined by § 212 of the Act (33
U.S.C. § 1292) which is owned, in this instance, by the
Highspire Borough Authority and the Middletown Borough Authority or
the Derry Township Municipal Authority. This definition includes any
devices and systems used in the storage, treatment, recycling and
reclamation of municipal sewage or industrial wastes of a liquid nature.
It also includes pipes, sewers and other conveyances only if they
convey wastewater to a POTW treatment plant. For the purposes of this
Part, "POTW" shall also include any sewers that convey wastewaters
to the POTW from persons outside the Township who are, by contract
or agreement with the Township or Township Authority, users of the
Authority's POTW. The term also means the municipality as defined
in § 502(4) of the Act which has jurisdiction over the indirect
discharges to and the discharges from such a treatment works.
The wastewater from residential households and toilet facilities
from institutions, commercial and industrial establishments.
Any nonresidential user of a Borough Authority or Derry Township
Authority who:
Is subject to Federal Categorical Pretreatment Standards.
Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling water
and boiler blowdown wastewater).
Contributes a process waste stream which makes up 5% or more
of the average dry weather or organic capacity of a Borough Authority
or Derry Township Authority treatment plant.
Has in his wastes toxic pollutants as defined pursuant to § 307
of the Act or Pennsylvania statutes and rules.
Is found by a borough, Derry Township, Pennsylvania Department
of Environmental Protection (DEP) or the United States Environmental
Protection Agency (EPA) to have a significant impact either singly
or in combination with other contributing significant industrial users
on the wastewater treatment system, the quality of sludge, the system's
effluent quality or air emissions generated by the system.
An industrial user has violated pretreatment standards and/or
pretreatment requirements and such violation(s) meet one or more of
the criteria set forth in 40 CFR 403.8(f)(2)(vii).
Any discharge of water, sewage or waste exceeding a concentration
or flow greater than five times that of the average twenty-four-hour
discharge from the user which is discharged continuously for a period
longer than 15 minutes.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1987.
The more recent edition of "Standard Methods for the Examination
of Water and Wastewater," as published by the American Public Health
Association/American Water Works Association/Water Environment Federation.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Borough of Highspire, the Borough
of Middletown or the Derry Township Municipal Authority who is charged
with certain duties and responsibilities by this Part, or his duly
authorized representative, deputy or agent.
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.
The Township of Lower Swatara, Dauphin County, Pennsylvania.
Municipal Authority of Lower Swatara Township, Dauphin County,
Pennsylvania.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by EPA under the provisions of § 307(a)
of the Clean Water Act or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is contributed into
or permitted to enter the Authority's POTW.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
[Ord. 435, 3/17/1999, § 103]
The following abbreviations shall have the designated meanings:
Biochemical oxygen demand.
Code of Federal Regulations.
Chemical oxygen demand.
Environmental Protection Agency.
Liter.
Milligrams.
Milligrams per liter.
National Pollution Discharge Elimination System.
Publicly owned treatment works.
Standard Industrial Classification.
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
Total suspended solids.
