[Ord. 2012-8, 5/7/2012]
1. 
Forty Fort Borough (hereinafter the "municipality") owns and operates a wastewater collection system which is subject to a service agreement with the Wyoming Valley Sanitary Authority for the collection and treatment of wastes and sewage collected by such system and contributed by residents of the municipality.
2. 
This Part sets forth uniform requirements for direct and indirect contributors into the wastewater collection system and enables the municipality and the Authority to comply with all applicable state and federal laws as required by the Federal Clean Water Act of 1977, the General Pretreatment Regulations (Title 40 Code of Federal Regulations, Part 403), the Pennsylvania Clean Streams Law,[1] and the provisions of the service agreement.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
3. 
The objectives of this Part are:
A. 
To prevent the introduction of pollutants into the wastewater collection and treatment system which will interfere with the operation of the system, contaminate the resulting sludge, be difficult to treat by conventional means or otherwise be incompatible with the system;
B. 
To prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving streams or the atmosphere, causing pollution;
C. 
To improve the opportunity to recycle and reclaim wastewater and sludges from the system; and
D. 
To provide for equitable distribution of costs occasioned by the acceptance of industrial or other wastes of unusual characteristics,
4. 
This Part provides for the regulation of contributors to the municipal wastewater system through the establishment of standards for discharge of wastes; by authorizing the issuance of permits to certain nondomestic users; by providing general requirements for all users; by authorizing monitoring and enforcement activities; by requiring certain reporting by users; and by providing for the setting of fees for the equitable distribution of costs resulting from the program established herein.
5. 
This Part shall apply to all persons who discharge wastes, wastewater or sewage into the sanitary sewer system of the municipality. Except as otherwise provided herein, the Executive Director of the WVSA shall administer, implement, and enforce the provisions of this Part.
[Ord. 2012-8, 5/7/2012]
1. 
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part, have the meanings hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act of 1977," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Administrator of the EPA, Region III, or the Department of Environmental Protection (PADEP) if duly authorized by the EPA to administer the pretreatment program.
AUTHORIZED REPRESENTATIVE
The person authorized to sign required reports, as defined at 40 CFR 403.12(1).
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibition of practices, maintenance procedures, and other management practices to implement the provisions of this Part, including the prohibitions listed in § 18-211 and other pretreatment standards and requirements. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. For purposes of determining significant noncompliance under § 18-268 of this Part, BMPs are considered a narrative pretreatment standard or requirement.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, as specified, in five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].
CATEGORICAL INDUSTRIAL USER
An industrial user that is subject to a National Categorical Pretreatment Standard.
CHEMICAL OXYGEN DEMAND (COD)
The measure of the oxygen-consuming capacity of inorganic and organic matter present in water, sewage, industrial wastewater, or other liquid as determined by standard laboratory procedure, as specified, expressed as milligrams per liter (mg/l).
CONTROL AUTHORITY
The WVSA.
COOLING WATER
The water discharged from any system of condensation, such as air conditioning, cooling, or refrigeration, and which does not contain any pollutants or contaminants at levels which would require regulation under this Part. Cooling water which contains pollutants or contaminants which require regulation shall be considered industrial wastewater.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
DOMESTIC SEWAGE
The normal water-borne sewage and other wastes normally discharged by a household, including toilet wastes, laundry, washwater and other gray water, and similar wastes.
DOMESTIC USER
A user who discharges only domestic sewage.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The 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.
EXECUTIVE DIRECTOR
The person designated as such by the WVSA to supervise the operation of WVSA facilities, or his or her duly authorized representative.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to flow and over a period of time not exceeding 15 minutes.
HOLDING TANK
A storage tank installed by the user to hold such industrial wastewater which is prohibited from being discharged to the sanitary sewer system and from which the contents must be hauled to a disposal site. Such tank shall be approved by the municipality and shall not be connected to the sanitary sewer system.
INDIRECT DISCHARGE or DISCHARGE
The discharge or the introduction of pollutants into the sanitary sewer system from any nondomestic user.
INDUSTRIAL USER
Any user that discharges industrial wastewater.
INDUSTRIAL WASTEWATER
Liquid waste and water-borne liquid, gaseous, and solid substances (except domestic sewage which is separately discharged) that is discharged from any industrial, manufacturing, trade or commercial establishment, including nonprofit organizations, governmental agencies or business activities. If domestic sewage is mixed with industrial wastewater, the mixture is industrial wastewater.
INDUSTRIAL WASTEWATER DISCHARGE PERMIT
A permit authorizing the discharge of industrial wastewater into the sanitary sewer system.
INTERFERENCE
The inhibition or disruption of the WVSA treatment process or operations such as to cause or threaten to cause or contribute to a violation of any requirement of the WVSA's NPDES permit, including an increase in the magnitude or duration of any violation. The term includes prevention of sewage sludge use or disposal by the WVSA in accordance with Section 405 of the Act, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (including the RCRA), the Clean Air Act, the Toxic Substances Control Act, or any more-stringent state criteria for the use or disposal of sewage sludge.
LOCAL LIMITS
Indirect discharge limits, which may include best management practices, established by the WVSA as required by 40 CFR 403.5(c) (which such limits shall be deemed pretreatment standards), and any other limits developed by WVSA to implement the provisions of this Part or the WVSA rules and regulations.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
EPA-promulgated indirect discharge standards for certain industrial process categories under Section 307(b) and (c) of the Act, which are codified at 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
NEW SOURCE
Any source, the construction of which is commenced after publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source, if such standard is thereafter promulgated, as defined at 40 CFR 403.3(m)(l).
NONDOMESTIC USER
A user engaged, wholly or in part, in the manufacturing, fabricating, processing, cleaning, laundering, bottling, or assembling of a product, commodity or article, or in any commerce or trade, and which discharges, or has the capacity to discharge, wastewater other than domestic sewage.
NONSIGNIFICANT CATEGORICAL INDUSTRIAL USER
An industrial user subject to National Categorical Pretreatment Standards that is determined by the control authority to be a nonsignificant industrial user on a finding that it never discharges more than 100 gallons per day of industrial waste subject to National Categorical Pretreatment Standards and that the following conditions are met:
A. 
The industrial user, prior to the control authority's determination, has consistently complied with all applicable categorical pretreatment standards and requirements;
B. 
The industrial user annually submits the following certification statement, together with any additional information necessary to support the certification statement:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR (insert applicable section), I certify that, to the best of my knowledge and belief, during the period from __________ to __________ [month, day, year]: (a) The facility described as __________ [facility name] met the definition of a nonsignificant categorical industrial user as described in § 403.3(v)(2); (b) the facility complied with all applicable pretreatment standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information. __________";
C. 
The industrial user never discharges any untreated concentrated wastewater.
OIL AND GREASE
The result of the Hexane Extractible Materials Test, EPA Method 1664, or an equivalent method approved by EPA.
PASS-THROUGH
A discharge which exits the WVSA treatment plant into the receiving stream in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes or contributes, or threatens to cause or contribute to, a violation of any requirement of the WVSA's NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions.
POLLUTION
The alteration of the thermal, chemical, physical, biological, or radiological integrity of, or the contamination of, any water to the extent that the water is rendered harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety, or welfare, or that impairs the usefulness of the public enjoyment of that water. The violation of any water quality standard or criterion established by the PADEP through regulation, rule, permit or order shall be pollution.
PRETREATMENT or TREATMENT
The reduction, by physical, chemical, or biological means, of the amount or rate of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less-harmful state prior to discharge, except by means prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, which is imposed on an industrial user.
PRETREATMENT STANDARDS
National Categorical Pretreatment Standards and National Prohibited Standards as stated at 40 CFR Part 403.5, and local limits developed to implement the National Prohibited Standards.
PROHIBITED WASTE
Any waste which is totally restricted from discharge into the sanitary sewer system by this Part.
SANITARY SEWER SYSTEM or SEWER SYSTEM
All of the property involved in the operation of a sanitary sewer collection and treatment facility, including, but not limited to, land, wastewater lines, appurtenances, pumping stations, metering chambers, and the wastewater treatment plant, whether owned by the municipality, the WVSA, or any other person.
SHALL versus MAY
Shall is mandatory; may is permissive.
SIGNIFICANT INDUSTRIAL USER
Any user, not classified as a nonsignificant industrial user by the WVSA:
A. 
That is subject to National Categorical Pretreatment Standards; or
B. 
That discharges an average flow of 25,000 gallons or more per day of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or
C. 
That contributes a process waste stream which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the WVSA's treatment plant; or
D. 
That is designated as such by the WVSA on the basis that the user has a reasonable potential for adversely affecting the WVSA's operation or for violating any pretreatment standard or requirement.
SIGNIFICANT NONCOMPLIANCE
As defined in § 18-268 of this Part.
SLUG DISCHARGE
Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has reasonable potential to cause interference or pass-through or in any other way violate the provisions of this Part, any industrial wastewater discharge permit, or any provision of the WVSA rules and regulations.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SURCHARGE
An additional service charge levied against any person for discharging wastewater into the sanitary sewer system that requires additional handling, treatment, disposal, or other costs.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water and which is removable by filtration.
THE WYOMING VALLEY SANITARY AUTHORITY or WVSA
A municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania, under the Municipality Authorities Act of 1945, as amended,[1] with which the municipality has a service agreement providing for the collection and treatment of wastewater flowing from the sanitary sewer system of the municipality. The principal place of business of the WVSA is located at 1000 Wilkes-Barre Street, Wilkes-Barre, Pennsylvania 18711.
TOXIC POLLUTANT or PRIORITY POLLUTANT
Pollutants designated by the EPA under the provisions of Section 307(a) of the Act, as listed on Tables II and III of Appendix D of 40 CFR Part 122.
USER
Any person who contributes, causes or permits the contribution of wastewater into the WVSA.
WASTE or WASTEWATER
Domestic sewage, industrial wastewater, and any other wastes or water-borne matter discharged, deposited or released by any person.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
The facilities owned and operated by the WVSA for the treatment and disposal of wastewater.
WVSA FACILITIES
All facilities owned, maintained, or operated by the WVSA, including the treatment plant, interceptor sewers, pumping stations, and other such facilities.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.