This Part 3 sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems of Unity Township and enables Unity Township and THTMA to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, 403).
The objectives of this Part 3 include but are not limited to:
Preventing the introduction of pollutants into the wastewater system of THTMA which will interfere with the operation of the collection or treatment systems, including interference with the use or disposal of the resulting sludge.
Preventing the introduction of pollutants into the wastewater system of THTMA which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.
Preventing the introduction of pollutants into the wastewater system of THTMA which would expose THTMA personnel to chemical hazards.
Improving the opportunity to recycle and reclaim wastewaters and sludges from the system.
Providing for equitable distribution of the cost of the municipal wastewater system.
This Part 3 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 customers' capacities will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
This Part 3 shall apply to solely that portion of Unity Township and to persons outside Unity Township who are, by contract or agreement with Unity Township, users of the sewage treatment plant of THTMA. Except as otherwise provided herein, the manager of THTMA or his designee shall administer, implement and enforce the provisions of this Part 3.
The provisions of this Part 3 shall be administered on a system-wide basis by THTMA, and no control, regulation or enforcement procedure shall be applied to users in Unity Township which are different from those employed on a system-wide basis. However, it is recognized, understood and agreed that pursuant to this pretreatment program, individual users will be treated individually based upon their discharges and the impact thereof on the sewage treatment plants receiving those discharges.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part 3, 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 Regional Administrator in an NPDES state with an approved state pretreatment program and the Regional Administrator in a non-NPDES state or NPDES state without an approved state pretreatment program.
- APPROVED PRETREATMENT PROGRAM OR PRETREATMENT PROGRAM
- The program administered by Unity Township and THTMA that meets the criteria established by 40 CFR 403.8 and 403.9 and which has been approved by a Regional Administrator or State Director in accordance with 40 CFR 403.11.
- (1) May be:
- (a) A principal executive officer of at least the level of vice President, if the industrial user is a corporation;
- (b) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
- (c) A duly authorized representative of the individual designated in Subsection (1)(a) or (b) if described in Subsection (1)(a) or (b), the authorization specifies either an individual or person having responsibility for the overall responsibility for environmental matters for the company and written authorization is submitted to the control authority.
- (2) If an authorized individual or position has responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection (1)(c) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- 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 concentration [milligrams per liter (mg/l)].
- BUILDING SEWER
- A sewer conveying wastewater from the premises of a user to the wastewater system of Unity Township or THTMA.
- CATEGORICAL STANDARDS
- National Categorical Pretreatment Standards or pretreatment standard.
- CONTROL AUTHORITY
- Refers to the "approval authority," defined hereinabove, or the Manager of THTMA if there is an approved pretreatment program applicable under the provisions of 40 CFR 403.11.
- DIRECT DISCHARGE
- The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
- The chief administrative officer of a state or interstate water pollution control agency with an NPDES permit program approved pursuant to Section 402(b) of the Act and an approved state pretreatment program.
- ENVIRONMENTAL PROTECTION AGENCY OR EPA
- The United States Environmental Protection Agency, or where the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
- GRAB SAMPLE
- 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 over a period of time not to exceed 15 minutes.
- HOLDING TANK WASTE
- Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
- INDIRECT DISCHARGE
- The discharge or the introduction of pollutants into the sewage treatment plant of THTMA from any source regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C. § 1317).
- INDUSTRIAL USER
- A source of indirect discharge.
- A discharge which, alone or in conjunction with a discharge or discharges from other sources, both inhibits or disrupts the sewage treatment plant of THTMA, its treatment processes or operations or its sludge processes, use or disposal; and, therefore, is a cause of a violation of any requirements of THTMA sewage treatment plant'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 the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the "Resource Conservation and Recovery Act" (RCRA)] and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substance Control Act and the Marine Protection, Research and Sanctuaries Act.
- NATIONAL CATEGORICAL PRETREATMENT STANDARD, NATIONAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
- Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5. The categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405.471 are hereby incorporated.
- (1) Discharge of pollutants.
- (a) 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 Section 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 is 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; or
-  The production of wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.
- (b) 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)(a) or  of this definition 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, 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 are 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.
- (4) Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition.
- 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.[Amended 7-28-1998 by Ord. No. O-2-98]
- NPDES PERMIT OR PERMIT
- A permit issued to a POTW pursuant to Section 402 of the Act.
- NPDES STATE
- A state (as defined in 40 CFR 122.2) or interstate water pollution control agency with an NPDES permit program approved pursuant to Section 402(b) of the Act.
- 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).
- An individual, corporation, partnership, association, state, municipality, municipal authority, commission or political subdivision of a state or an interstate body.
- POTW TREATMENT PLANT
- The portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
- 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 discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR 403.6(e).
- PRETREATMENT REQUIREMENT
- Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.
- PRETREATMENT STANDARD
- Any regulation containing pollution 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, or any rule, regulation, ordinance or term of condition of a permit or order adopted or issued by the Commonwealth of Pennsylvania 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.
- PUBLICLY-OWNED TREATMENT WORKS OR POTW
- A treatment works as defined by Section 212 of the Act which is owned by a state or municipality [as defined by Section 502(4) of the Act]. 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 sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also references the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. Within the context of this, the term "POTW" specifically refers to THTMA Sewage Treatment Plant.
- REGIONAL ADMINISTRATOR
- The appropriate EPA Regional Administrator.
- (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 system 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 THTMA on the basis that it has a reasonable potential for adversely affecting the POTW's operation or violating any pretreatment standard or requirement.
- (3) Upon 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, THTMA may at any time, on its own initiative or in response to a petition received from a user, and in accordance with 40 CFR 403.8(f) and (g), determine that such user should not be considered a significant user.
- SIGNIFICANT NONCOMPLIANCE
- 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 all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
- (2) 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 daily maximum limit or average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);
- (3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) 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);
- (4) 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 40 CFR 403.8 (f)(1)(vi)(B) to halt or prevent such a discharge;
- (5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
- (6) 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;
- (7) Failure to accurately report noncompliance; or
- (8) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
- SLUG DISCHARGE OR ACCIDENTAL DISCHARGE
- Any discharge of a nonroutine, episodic nature, including but not limited to an accident spill or a noncustomary batch discharge, which would cause a violation of the prohibited discharge standards found in § 96-46.
- 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.
- The Commonwealth of Pennsylvania.
- Any flow occurring during or following any form of natural precipitation and resulting therefrom.
- (1) A request by THTMA for approval of a pretreatment program to the EPA or a director;
- (2) A request by THTMA to the EPA or a director for authority to revise the discharge limits in categorical pretreatment standards to reflect sewage treatment plant pollutant removals; or
- (3) A request to the EPA by an NPDES state for approval for its state pretreatment program.
- SUSPENDED SOLIDS
- 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.
- TOXIC POLLUTANT
- 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.
- A source of indirect discharge.[Amended 7-28-1998 by Ord. No. O-2-98]
- 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.
- WATER PROTECTION DIVISION DIRECTOR
- One of the Directors of the Water Protection Divisions within the regional offices of the Environmental Protection Agency or this person's delegated representative.
- WATERS OF THE STATE
- 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.
Editor's Note: The former definition of "cooling water," which immediately followed this definition, was amended to refer to "noncontact cooling water." See said definition in this section.
"Shall" is mandatory; "may" is permissive.
The following abbreviations shall have the designated meanings: