A.
This Part 5 sets forth uniform requirements for users of the wastewater collection and treatment system of the Lower Perkiomen Valley Regional Sewer Authority as control authority and enables the Lower Perkiomen Valley Regional Sewer Authority to comply with all applicable state and federal laws required by the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403).
B.
The objectives of this Part 5 are:
(1)
To prevent the introduction of pollutants into the
POTW and wastewater system which will interfere with the operation
of the system or contaminate the resulting sludge;
(2)
To prevent the introduction of pollutants into the
POTW and wastewater system which will pass-through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system;
(3)
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;
(4)
To promote reuse and recycling of industrial wastewaters
and sludges from the system;
(5)
To provide for fees for the equitable distribution
of the cost of operation, maintenance and improvement of the POTW
and wastewater system; and
(6)
To enable the Lower Perkiomen Valley Regional Sewer
Authority as control authority 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.
A.
This Part 5 provides for the regulation of direct
and indirect 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 customers' capacity will not be preempted; and provides for
the setting of fees for the equitable distribution of costs resulting
from the program established herein.
B.
This Part 5 shall apply to all users of the POTW.
Except as otherwise provided herein, the Lower Perkiomen Valley Regional
Sewer Authority shall administer, implement, and enforce the provisions
of this Part 5, as the control authority.
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this Part 5, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the EPA.
If the user is a corporation:
The president, secretary, treasurer, or vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy- or decision-making
functions for the corporation; or
The manager of one or more manufacturing, production,
or operating facilities, provided that the manager is authorized to
make management decisions that govern the operation of the regulated
facility, including having the explicit or implicit duty of making
major capital investment recommendations, and initiate and direct
other comprehensive measures to assure long-term environmental compliance
with environmental laws and regulations; can ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for wastewater discharge permit requirements; and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a federal, state, or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility or his or her designee.
The individuals described in Subsections A through C, above, may designate another duly authorized representative if the authorization is in writing, the authorization 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 for the company, and the written authorization is submitted to the Lower Perkiomen Valley Regional Sewer Authority.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 117-69 and 117-70 [40 CFR 403.5(a)(1) and (b)]. BMPs 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, for five days
at 20° C. expressed in terms of concentration (milligrams per
liter [mg/l]).
A sewer conveying wastewater from the premises of a user
to the public sanitary sewer system of the POTW.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
National categorical pretreatment standards, being any regulation
containing pollutant discharge limits promulgated by the EPA in accordance
with Section 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 I, Subchapter N, Parts 405 to 471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
Shall refer to the Lower Perkiomen Valley Regional Sewer
Authority.
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The discharge of treated or untreated wastewater directly
to the waters of the State of Pennsylvania.
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, including the Regional
Water Management Division Director.
Any source of discharge that is not a new source.
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.
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 pollution from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C.
§ 1317) into the POTW (including holding tank waste discharge
into the system).
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to Section
402 of the Act. In addition, "industrial user" shall also be defined
as an establishment which discharges or introduces industrial wastes
into the POTW.
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 and
the regulations adopted thereunder.[1]
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.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment process or operations or its sludge processes,
use or disposal and, therefore, is the cause of a violation of the
Lower Perkiomen Valley Regional Sewer Authority's NPDES permit 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: Section
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.
Specific discharge limits developed and enforced by the control
authority upon industrial or commercial facilities to implement the
general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b).
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users, as set forth in 40 CFR Chapter I, Subchapter N, Parts 405 to
471.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
1342).
Any regulation developed under the authority of 307(b) of
the Act and 40 CFR, Section 403.5.
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 the proposed pretreatment
standards pursuant to Section 307(c) of the Act, which will be applicable
to such source if the standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
The building, structure, facility, or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
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.
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 A(2) or (3) above, but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under
this paragraph has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous
onsite construction program:
Any placement, assembly, or installation of
facilities or equipment; or
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
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
losses, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this paragraph.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into the 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 the POTW's National Pollutant Discharge Elimination System
(NPDES) permit, including an increase in the magnitude or duration
of a violation.
Shall refer to the Lower Perkiomen Valley Regional Sewer
Authority as control authority.
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. The masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
This definition includes all federal, state, and local governmental
entities.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution. A measure
of the acidity or alkalinity of a solution, expressed in standard
units.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, industrial,
municipal, and agricultural wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of 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 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, by process changes, or by other means, except by diluting
the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on a user. Any substantive
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.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned and operated by the Lower Perkiomen Valley Regional Sewer Authority. This definition includes any sewers that convey wastewater to the POTW treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Part 5, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons who are users of the POTW. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. As used herein, "POTW" refers to the wastewater treatment plant owned by the Lower Perkiomen Valley Regional Sewer Authority.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Is mandatory; "may" is permissive.
An industrial user subject to categorical pretreatment
standards; or
An industrial user that:
Discharges an average of 25,000 gpd or more
of process wastewater to the POTW (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
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
Is designated as such by the Lower Perkiomen
Valley Regional Sewer Authority on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement.
The control authority may determine that an
industrial user subject to categorical pretreatment standards is a
nonsignificant categorical industrial user rather than a significant
industrial user on a finding that the industrial user never discharges
more than 100 gallons per day (gpd) of total categorical wastewater
(excluding sanitary, non-contact cooling and boiler blowdown wastewater,
unless specifically included in the pretreatment standard) and the
following conditions are met:
The industrial user, prior to control authority's
finding, has consistently complied with all applicable categorical
Pretreatment Standards and Requirements;
The industrial user annually submits the certification statement required in § 117-111B [see 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.
Upon a finding that a user meeting the criteria in Subsection A(2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Lower Perkiomen Valley Regional Sewer Authority 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
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:
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all of the measurements
taken for the same parameter taken during a six-month period exceed
(by any magnitude) a numeric pretreatment standard or requirement,
including instantaneous limits as defined in this section.
Technical review criteria (TRC) violations,
defined here as those in which 33% or more of all of the measurements
taken for each pollutant parameter during a six-month period equal
or exceed the product of the numeric pretreatment standard or requirement,
including instantaneous limits as defined in this section, multiplied
by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease
and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment standard
or requirement, as defined in § 171-67 (daily maximum, long-term
average, instantaneous limit or narrative standard), that the control
authority determines has caused, alone or in combination with other
discharges, interference or pass-through, including endangering the
health of POTW personnel or the general public.
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 of this Part 5 to halt or prevent such a discharge.
Failure to meet, within 30 days after the schedule
date, a compliance schedule milestone contained in this Part 5 or
in an enforcement order.
Failure to provide, within 30 days after the
due date, any 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(s), which may include a
violation of best management practices, which the control authority
determines will adversely affect the operation or implementation of
the pretreatment program.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Article XV of this Part 5. A slug discharge is 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.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snowmelt.
The person designated by the control authority to supervise
the operation of the publicly owned treatment works.
The total suspended matter that floats on the surface of,
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 Environmental
Protection Agency under the provision of CWA 307(a) or other acts.
Any person who contributes, causes or permits the indirect
discharge of wastewater into the POTW.
The liquid and water-carried industrial and domestic wastes
and sewage from dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
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.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
The following abbreviations or acronyms shall
have the designated meanings:
|
AO
|
administrative order
|
|
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 wastestream formula
|
|
DMR
|
discharge monitoring report
|
|
DSS
|
domestic sewage study
|
|
EMS
|
Enforcement Management System
|
|
EP
|
extraction procedure
|
|
EPA
|
Environmental Protection Agency of the United
States
|
|
FDF
|
fundamentally different factor
|
|
FOG
|
fats, oil, and grease
|
|
FOV
|
Finding of violation
|
|
FR
|
Federal Register
|
|
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
|
|
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
|
|
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
|
|
O&G
|
oil and grease
|
|
O&M
|
operations and maintenance
|
|
OCPSF
|
organic chemicals, plastics, and synthetic fibers
|
|
OSHA
|
Occupational Safety and Health Administration
|
|
OWEC
|
Office of Water Enforcement and Compliance
|
|
PAD
|
proportioned actual domestic flow
|
|
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 and 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
|
|
QA/QC
|
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
|
|
SUO
|
sewer use ordinance
|
|
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 evaluations
|
|
TSS
|
total suspended solids
|
|
TTO
|
total toxic organics
|
|
TTLC
|
total threshold limit concentration
|
|
USC
|
United States Code
|
|
VOA
|
volatile organic analysis
|
|
VOC
|
volatile organic compounds
|
|
VSS
|
volatile suspended solids
|
|
WENDB
|
Water Enforcement National Data Base
|
|
WQA
|
Water Quality Act
|
|
WQS
|
water quality standards
|
|
WWTP
|
wastewater treatment plant
|
