§ 94.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
[Categorical pretreatment standard - A national pretreatment standard promulgated by the EPA under section 307(b) and (c) of the Clean Water Act (33 U.S.C.A. § 1317(b) and (c)) as set forth in 40 CFR Chapter 1, Subchapter N (relating to effluent guidelines and standards) for a specific category of industry which specifies quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a POTW by existing or new source industrial users.]
Combined sewer system - A sewer system [or parts thereof] which HAS BEEN DESIGNED TO SERVE AS [carry] both A sanitary [sewage] SEWER and [stormwater] A STORM SEWER.
COMBINED SEWER OVERFLOW (CSO) - ANY INTERMITTENT OVERFLOW, OR OTHER UNTREATED DISCHARGE FROM A MUNICIPAL COMBINED SEWER SYSTEM (INCLUDING DOMESTIC, INDUSTRIAL AND COMMERCIAL WASTEWATER, AND STORMWATER) WHICH RESULTS FROM A FLOW IN EXCESS OF THE DRY WEATHER CARRYING CAPACITY OF THE SYSTEM.
[Control Authority - One of the following:
(i) The POTW, if the POTW has received approval from the Department or the EPA for its industrial waste pretreatment program under this chapter.
(ii) The Department, if POTW's pretreatment program has not been approved by the Department or the EPA.]
Exception to a ban - An allowable connection to a sewer system even though a ban is in effect[, prohibiting additional connections to that system or a portion of it].
HYDRAULIC DESIGN CAPACITY - THE HIGHEST MONTHLY AVERAGE FLOW, EXPRESSED IN MILLIONS OF GALLONS PER DAY, AT WHICH A SEWAGE TREATMENT FACILITY IS EXPECTED TO CONSISTENTLY PROVIDE THE REQUIRED TREATMENT OR AT WHICH A CONVEYANCE STRUCTURE, DEVICE OR PIPE IS EXPECTED TO PROPERLY FUNCTION WITHOUT CREATING A BACKUP, SURCHARGE OR OVERFLOW.
Hydraulic overload - The condition that occurs when the MONTHLY AVERAGE FLOW OF THE SEWAGE TREATMENT FACILITY OR OTHER PORTION OF THE SEWERAGE SYSTEM EXCEEDS THE hydraulic DESIGN CAPACITY FOR 3-CONSECUTIVE MONTHS OUT OF THE PROCEEDING TWELVE MONTHS [portion of the load, as measured by the average daily flow entering a plant, exceeds the average daily flow upon which the permit and the plant design are based during each month of a recent 3-month period] or when the flow in a portion of the system exceeds its hydraulic carrying capacity.
MONTHLY AVERAGE FLOW - THE TOTAL FLOW RECEIVED AT A SEWERAGE FACILITY OR ANOTHER PORTION OF THE SEWER SYSTEM DURING ANY ONE CALENDAR MONTH DIVIDED BY THE NUMBER OF DAYS IN THAT MONTH. THIS VALUE IS ALWAYS EXPRESSED IN MILLIONS OF GALLONS PER DAY (MGD).
[National pretreatment standard or pretreatment standard - A regulation containing pollutant discharge limits or prohibitions promulgated by the EPA under section 307(b) and (c) of the Clean Water Act, which applies to industrial users. The term includes general and specific prohibitions under § 97.91(a) and (b) (relating to pretreatment requirements for industrial users), specific local limits established under § 97.91(c) and local prohibitive standards.]
Official Plan - A comprehensive plan for the provision of adequate sewage systems adopted by a municipality or municipalities possessing authority or jurisdiction over the provision of the systems and submitted to and approved by the Department as provided by the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1-750.20) and Chapter[s] 71 [and 73] (relating to administration of sewage facilities planning program[; and standards for sewage disposal facilities]).
ORGANIC DESIGN CAPACITY - THE HIGHEST DAILY ORGANIC LOAD AT WHICH A SEWAGE TREATMENT FACILITY OR A PORTION THEREOF IS EXPECTED TO PROVIDE A SPECIFIC PREDETERMINED LEVEL OF TREATMENT. THIS CAPACITY IS NORMALLY SPECIFIED IN THE WATER QUALITY MANAGEMENT PERMIT (PART II PERMIT ISSUED PURSUANT TO CHAPTER 91 OF THIS TITLE).
[Overflow - The systematic discharge of a mixture of partially treated or untreated sewage and stormwater from a device or structure of combined sewerage facilities which is in excess of the downstream hydraulic carrying capacity of those facilities. ]
[POTW - A publicly owned treatment works as defined by section 212 of the Clean Water Act (33 U.S.C.A. § 1292) which is owned by a state or municipality, as defined by section 502(4) of the Clean Water Act (33 U.S.C.A. § 1362(4)), including sewers that convey wastewater to the treatment works. The term does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes the municipality, as defined in section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from this type of treatment works.]
PUBLICLY OWNED TREATMENT WORKS OR POTW - ANY DEVICE OR SYSTEM USED IN THE TREATMENT (INCLUDED RECYCLING AND RECLAMATION) OF MUNICIPAL SEWAGE OR INDUSTRIAL WASTES OF A LIQUID NATURE WHICH IS OWNED BY A STATE OR MUNICIPALITY. THIS DEFINITION INCLUDES SEWERS, PIPES, OR OTHER CONVEYANCES ONLY IF THEY CONVEY WASTEWATER TO A POTW PROVIDING TREATMENT.
[Pretreatment - 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 the pollutants into a POTW. This reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by § 97.91(d)(4). If wastewater from a regulated process is mixed with unregulated wastewater or with wastewater from another regulated process, the mixture shall meet an adjusted pretreatment limit calculated under § 97.91(d)(5).
Pretreatment program - A program administered by a POTW that meets the criteria established in §§ 94.61 and 94.62 (relating to pretreatment program requirements; and pretreatment program submission) and which has been approved by the EPA under 40 CFR 403.11 (relating to approval procedures for POTW pretreatment programs and POTW granting of removal credits) or the Department under § 94.63 (relating to pretreatment program approval).
Pretreatment requirement - A substantive or procedural requirement related to pretreatment, other than a National pretreatment standard, imposed on an industrial user.]
[Regional office - The Regional Water Quality Manager of the Bureau of Water Quality Management of the Department.]
SANITARY SEWER OVERFLOW - ANY UNTREATED DISCHARGE FROM A SANITARY SEWER SYSTEM (WHICH IS NOT A COMBINED SEWER SYSTEM), WHICH RESULTS FROM A FLOW IN EXCESS OF THE CARRYING CAPACITY OF THE SYSTEM.
SEPARATE SANITARY SEWER SYSTEM - A SEWER SYSTEM OR PART THEREOF WHICH IS SPECIFICALLY DESIGNED AND INTENDED TO CARRY SANITARY SEWAGE SEPARATE FROM STORMWATER.
§ 94.2. Purpose.
This chapter is intended to [require] PREVENT POLLUTION BY REQUIRING the owners and operators of sewerage facilities to manage wasteloads [discharged to] ENTERING the sewerage facilities. [in order to accomplish the following objectives:]
[(1) Prevent the occurrence of overloaded sewerage facilities.
(2) Limit additional extensions and connections to an overloaded sewer system or a sewer system tributary to an overloaded plant.
(3) Prevent the introduction into POTWs of pollutants which will interfere with the operation of the plant or pass through or otherwise be incompatible with the plant.
(4) Improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.]
§ 94.3. Scope.
[Nothing in this chapter affects the validity of the following:
(1) A final, unappealed ban imposed by the Department prior to the date of adoption of this chapter; except that the ban may be modified or removed under §§ 94.41 and 94.42 (relating to elimination of overload; and reduction of overload), and exceptions to the bans will be granted under §§ 94.51-94.57 (relating to exception to bans).
(2) Pretreatment requirements established by a control authority if the requirements are no less stringent than the national pretreatment standards, limitations established under the Clean Water Act, regulations thereunder or this title.]
THIS CHAPTER REQUIRES OWNERS OF SEWERAGE FACILITIES TO PROPERLY PLAN, MANAGE, AND MAINTAIN SEWERAGE FACILITIES IN A MANNER WHICH WILL:
(1) ANTICIPATE AND PREVENT OVERLOADING SEWERAGE FACILITIES;
(2) LIMIT ADDITIONAL EXTENSIONS AND CONNECTIONS TO AN OVERLOADED SEWER SYSTEM OR A SEWER SYSTEM TRIBUTARY TO AN OVERLOADED PLANT;
(3) PREVENT THE INTRODUCTION INTO POTWS
OF POLLUTANTS WHICH WILL INTERFERE WITH THE OPERATION OF THE PLANT
OR PASS THROUGH OR OTHERWISE BE INCOMPATIBLE WITH THE TREATMENT
PROCESS OR SEWERAGE FACILITY;
(4) IMPROVE OPPORTUNITIES TO RECYCLE AND RECLAIM MUNICIPAL AND INDUSTRIAL WASTEWATERS AND SLUDGES.
§ 94.12. Annual report.
(a) [In order to] TO provide for [a] ANNUAL review of [the load on] sewerage facilities and [to insure] ENSURE that there is sufficient time to ADDRESS EXISTING OPERATIONAL OR MAINTENANCE PROBLEMS OR TO plan and construct needed additions, [plant] SEWERAGE FACILITIES permittees shall submit a complete and accurate WASTELOAD MANAGEMENT annual report (annual report), in duplicate, by March 31 of each year to the APPROPRIATE Regional Office OF THE DEPARTMENT[, subject to the review of the Department]. The report shall USE A BRIEF SUMMARY FORM PROVIDED BY THE DEPARTMENT AND include the following:
[(1) A hydraulic loading graph which shall show the following:
(i) The hydraulic loading on the plant plotted from average daily flows for each month of the past 5 years.
(ii) A projection of the anticipated hydraulic loading on the plant for each of the next 5 years.
(iii) The hydraulic loading approved by the permit.
(2) An organic loading graph which shall show the following:
(i) The organic loading on the plant plotted from average daily loads for each month of the past five years.
(ii) A projection of the anticipated organic loading on the plant for each of the next five years.
(iii) The organic loading approved by the permit.]
(1) A LINE GRAPH DEPICTING THE MONTHLY AVERAGE FLOWS (EXPRESSED IN MILLIONS OF GALLONS PER DAY) FOR EACH MONTH FOR THE PAST FIVE (5) YEARS AND PROJECTING THE FLOWS FOR THE NEXT FIVE (5) YEARS. THE GRAPH SHALL ALSO INCLUDE A LINE DEPICTING THE HYDRAULIC DESIGN FLOW (ALSO EXPRESSED IN MILLION OF GALLONS PER DAY) OF THE FACILITY INCLUDED IN THE WATER QUALITY MANAGEMENT PERMIT (PART II PERMIT ISSUED PURSUANT TO CHAPTER 91 OF THIS TITLE).
(2) A LINE GRAPH DEPICTING THE AVERAGE DAILY ORGANIC LOADING (EXPRESSED AS POUNDS PER DAY OF BOD5) FOR EACH MONTH FOR THE PAST FIVE (5) YEARS AND PROJECTING THE AVERAGE DAILY ORGANIC LOADING FOR THE NEXT FIVE (5) YEARS. THE GRAPH SHALL ALSO INCLUDE A LINE DEPICTING THE ORGANIC LOADING DESIGN (ALSO EXPRESSED IN POUNDS PER DAY OF BOD5) OF THE FACILITY INCLUDED IN THE WATER QUALITY MANAGEMENT PERMIT (PART II PERMIT ISSUED PURSUANT TO CHAPTER 91 OF THIS TITLE).
(3) A brief discussion of the basis for the 5 YEAR projections referred to in paragraphs (1) and (2), as well as a description of the time needed to expand the plant to meet the load projections, if necessary. Data used to support those projections should be included in an appendix to the annual report.
[(4) A proposed plan to reduce or eliminate present or projected overloaded conditions under §§ 94.21 and 94.22 (relating to existing overload; and projected overload).
(5) A report of industrial wastes discharged into the sewer system, which shall include the following:
(i) A copy of the ordinance or regulation governing industrial waste discharges to the sewer system or a copy of amendments adopted since the initial submission under this chapter, if it has not previously been submitted.
(ii) A discussion of the program for surveillance and monitoring of industrial waste discharges into the sewer system during the past year.
(iii) A discussion of specific problems in the sewer system or at the plant, known or suspected to be caused by industrial waste discharges and a summary of the steps being taken to alleviate or eliminate the problems. The discussion should include a list of industries known to be discharging wastes which create problems in the plant or in the sewer system and an action taken to eliminate the problem or prevent its recurrence.
(6) A description accompanied by a plot plan or map of sewer extensions constructed within the past calendar year, sewer extensions approved in the past year in accordance with the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1-750.20) and the provisions of Chapter 71 (relating to administration of the sewage facilities program), but not yet constructed, and all known proposed projects which shall require public sewers but are in the preliminary planning stages. The description shall include areas and populations served or to be served by each extension.]
(4) A MAP SHOWING ALL SEWER EXTENSIONS CONSTRUCTED WITHIN THE PAST CALENDAR YEAR, SEWER EXTENSIONS APPROVED IN THE PAST YEAR IN ACCORDANCE WITH THE PENNSYLVANIA SEWAGE FACILITIES ACT (35 P.S. §§750.1-750.20) AND THE PROVISIONS OF CHAPTER 71 (RELATING TO ADMINISTRATION OF THE SEWAGE FACILITIES PROGRAM), BUT NOT YET CONSTRUCTED, AND ALL KNOWN PROPOSED PROJECTS WHICH REQUIRE PUBLIC SEWERS BUT ARE IN THE PRELIMINARY PLANNING STAGES. THE MAP SHALL BE ACCOMPANIED BY A LIST SUMMARIZING EACH EXTENSION OR PROJECT AND THE POPULATION TO BE SERVED BY THE EXTENSION OR PROJECT. IF A SEWER EXTENSION APPROVAL OR PROPOSED PROJECT INCLUDED SCHEDULES DESCRIBING HOW THE PROJECT WILL BE COMPLETED OVER TIME, THE LISTING SHOULD INCLUDE THAT INFORMATION AND THE EFFECT THIS BUILD-OUT-RATE WILL HAVE ON POPULATION SERVED.
[(7)] (5) A discussion of the permittee's program for sewer system monitoring, maintenance, repair and rehabilitation, including routine and special activities, personnel and equipment used, sampling frequency, quality assurance, data analyses, infiltration/inflow monitoring, and, where applicable, maintenance and control of combined sewer regulators during the past year.
[(8)] (6) A discussion of the condition of the sewer system including portions of the system where conveyance capacity is being exceeded or will be exceeded in the next 5 years and portions where rehabilitation or cleaning is needed or is underway to maintain the integrity of the system and prevent or eliminate bypassing, excessive infiltration, and other system problems.
[(9)] (7) A discussion of the condition of sewage pumping stations, including a comparison of available capacity with present maximum flows and the projected 2-year maximum flows for each station.
(8) A REPORT, IF APPLICABLE, OF INDUSTRIAL WASTES DISCHARGED INTO THE SEWER SYSTEM. THIS REPORT SHALL INCLUDE THE FOLLOWING:
(i) A COPY OF ANY ORDINANCE OR REGULATION GOVERNING INDUSTRIAL WASTE DISCHARGES TO THE SEWER SYSTEM OR A COPY OF AMENDMENTS ADOPTED SINCE THE INITIAL SUBMISSION OF SUCH ORDINANCE OR REGULATION UNDER THIS CHAPTER, IF IT HAS NOT PREVIOUSLY BEEN SUBMITTED.
(ii) A DISCUSSION OF THE PERMITTEE'S OR MUNICIPALITY'S PROGRAM FOR SURVEILLANCE AND MONITORING OF INDUSTRIAL WASTE DISCHARGES INTO THE SEWER SYSTEM DURING THE PAST YEAR.
(iii) A DISCUSSION OF SPECIFIC PROBLEMS IN THE SEWER SYSTEM OR AT THE PLANT, KNOWN OR SUSPECTED TO BE CAUSED BY INDUSTRIAL WASTE DISCHARGES AND A SUMMARY OF THE STEPS BEING TAKEN TO ALLEVIATE OR ELIMINATE THE PROBLEMS. THE DISCUSSION SHALL INCLUDE A LIST OF INDUSTRIES KNOWN TO BE DISCHARGING WASTES WHICH CREATE PROBLEMS IN THE PLANT OR IN THE SEWER SYSTEM AND ACTION TAKEN TO ELIMINATE THE PROBLEM OR PREVENT ITS RECURRENCE.
(9) A PROPOSED PLAN TO REDUCE OR ELIMINATE PRESENT OR PROJECTED OVERLOADED CONDITIONS UNDER §§ 94.21 AND 94.22 (RELATING TO EXISTING OVERLOAD; AND PROJECTED OVERLOAD).
(b) Permittees of sewer systems which contribute sewage flows to the plant shall submit information to the permittee of the plant as required to facilitate preparation of the annual report.
§ 94.13. Measuring, indicating and recording devices.
(a) [If the hydraulic loading on the] A SEWAGE TREATMENT plant OR OTHER PART OF A FACILITY WHICH RECEIVES OR WILL RECEIVE WITHIN THE NEXT 5 YEARS, FLOWS [exceeds] EXCEEDING 100,000 gallons per day [or will exceed 100,000 gallons per day in the next 5 years, and if the plant is not] MUST BE equipped to continuously measure, indicate and record the INFLUENT flow[,]. [equipment to continuously measure, indicate and record the flow shall be installed within ] THE PERMITTEE OF THE SEWAGE FACILITY SHALL INSTALL SUCH EQUIPMENT WITHIN 6 months of the FINAL DAY FOR SUBMITTING THE annual report REQUIRED UNDER 94.12 [period] when such a flow [became] BECOMES evident.
(b) FLOW MEASURING, INDICATING AND RECORDING EQUIPMENT SHALL BE CALIBRATED ANNUALLY, AND THE CALIBRATION REPORT SHALL BE INCLUDED IN THE ANNUAL REPORT SUBMITTED PURSUANT TO UNDER §94.12.
§ 94.14. Approval of official plans and revisions.
No official plan [or], OFFICIAL PLAN revision OR SUPPLEMENT will be approved [nor will a supplement be considered adequate] by the Department OR DELEGATED AGENCY, NOR WILL AN EXEMPTION FROM THE PLANNING REQUIREMENTS BE GRANTED under Chapter 71 (relating to administration of the sewage facilities planning program) that is inconsistent with the requirements of this chapter.
§ 94.15. Pretreatment program development.
[(a) A POTW, in] IN cases where pollutants contributed by industrial users result in interference or pass through, and the violation is likely to recur, A POTW OR OTHER SEWERAGE FACILITIES OWNER shall develop and implement specific local limits for industrial users and other users, as appropriate, that together with appropriate POTW facility or operational changes, are necessary to ensure renewed or continued compliance with the POTW's NPDES permit or sludge use or disposal practices.
[(b) A POTW shall develop, submit and implement a pretreatment program under §§ 94.61-94.63 (relating to pretreatment program requirements; pretreatment program submission; and pretreatment program approval) if one of the following applies:
(1) The total design flow of the POTW, or combination of POTWs operated by the same permittee, is greater than 5 million gallons per day (MGD) and contains pollutants from industrial users which pass through or interfere with the operation of the POTW or are otherwise subject to national pretreatment standards.
(2) The total design flow of the POTW, or combination of POTWs operated by the same permittee, is 5 (MGD) or less and the Department or the POTW determines that the nature or volume of the industrial influent, treatment process upsets, violations of POTW effluent limitations, contamination of municipal sludge or other circumstances warrant the development of a pretreatment program to prevent interference with the POTW or pass through of pollutants to receiving waters.
(c) The Department may modify or reissue the POTW's NPDES permit to accomplish any of the following:
(1) Put the POTW on a compliance schedule for the development of a POTW pretreatment program where the addition of pollutants into a POTW by an industrial user or combination of industrial users presents a substantial hazard to the functioning of the treatment works, quality of the receiving waters, human health or the environment.
(2) Coordinate the issuance of a section 201 construction grant with the incorporation into a permit of a compliance schedule for POTW pretreatment program.
(3) Incorporate a modification of the permit approved under section 301(h) or (i) of the Clean Water Act (33 U.S.C.A. § 1311(h) or (i)).
(4) Incorporate an approved POTW pretreatment program in the POTW permit.
(5) Incorporate a compliance schedule for the development of a POTW pretreatment program in the POTW permit.
(d) A POTW required to develop a pretreatment program under subsection (b)(1) or (2) shall have an approved pretreatment program no later than 3 years after the reissuance or modification of its NPDES permit but in no case later than July 1, 1983. A POTW, whose NPDES permit is modified under section 301(h) of the Clean Water Act (33 U.S.C.A. § 1311(h)) shall have a pretreatment program within less than 3 years as provided for in 40 CFR Part 125, Subpart G (relating to criteria for modifying the secondary treatment requirements under section 301(h) of the Clean Water Act). A POTW identified after July 1, 1983 as being required to develop a POTW pretreatment program under subsection (b) shall develop and submit the program for approval as soon as possible, but in no case later than 1 year after written notification from the Department of the identification. The POTW pretreatment program shall meet the criteria in § 94.61 and shall be administered by the POTW to ensure compliance by industrial users and other users as appropriate with applicable pretreatment standards and requirements.
(e) A POTW required to develop a pretreatment program under subsection (b)(1) or (2) shall develop and enforce specific local limits to implement the prohibitions listed in § 97.91(a) and (b) (relating to pretreatment requirements for industrial users).]
§ 94.61. [Pretreatment program requirements.] [RESERVED].
[A POTW pretreatment program shall meet the following requirements:
(1) The POTW shall have sufficient legal authority to enable it to apply and enforce the requirements of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act (33 U.S.C.A. §§ 1317(b) and (c) and 1342(b)(8)), regulations promulgated thereunder and this chapter. At a minimum, the legal authority shall enable the POTW to do the following:
(i) Deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the POTW by industrial users if the contributions do not meet applicable pretreatment standards and requirements or if the contributions would cause the POTW to violate a provision of its NPDES permit.
(ii) Require compliance with applicable pretreatment standards and requirements by industrial users.
(iii) Control through permit, contract, order, ordinance or similar means the contribution to the POTW by each industrial user to ensure compliance with applicable pretreatment standards and requirements.
(iv) Require the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements.
(v) Require the submission of notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including, but not limited to, the reports required by § 97.95 (relating to reporting requirements for industrial users).
(vi) Carry out inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pre-treatment standards and requirements by industrial users. Representatives of the POTW shall be authorized to enter any premises of an industrial user in which an effluent source or treatment system is located or in which records are required to be kept under § 97.95 (relating to reporting requirements for industrial users) to assure compliance with pretreatment standards and requirements. The authority shall be at least as extensive as the authority provided under section 308 of the Clean Water Act (33 U.S.C.A. § 1318).
(vii) Obtain remedies, including injunctive relief and civil or criminal penalties, for noncompliance by an industrial user with a pretreatment standard or requirement.
(viii) Halt or prevent a discharge of pollutants to the POTW - after informal notice to the discharger - which reasonably appears to present an imminent danger to public health or welfare, or to the environment, or which threatens to interfere with the operation of the POTW.
(ix) Comply with the confidentiality requirements in § 97.95(k).
(2) The POTW shall have procedures to ensure compliance with the requirements of a pretreatment program including, but not limited to, the following:
(i) Identify and locate the possible industrial users which might be subject to the POTW pretreatment program. This information shall be made available to the Regional Administrator or the Department upon request.
(ii) Identify the character and volume of pollutants contributed to the POTW by industrial users. This information shall be made available to the Regional Administrator or the Department upon request.
(iii) Notify industrial users of applicable pretreatment standards and requirements under sections 204(b) and 405 of the Clean Water Act (33 U.S.C.A. §§ 1284(b) and 1345) and Subchapters IV and V of the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6941-6956) and applicable regulations and standards under The Clean Streams Law (35 P. S. §§ 691.1-691.1001) and the Solid Waste Management Act (35 P. S. §§ 6018.101-6018.1003).
(iv) Receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with § 97.95. This information shall be made available to the Regional Administrator or the Department upon request.
(v) Conduct routine and nonroutine sampling and analysis of the effluent from industrial users and conduct surveillance and inspection activities in order to identify, independent of information supplied by industrial users, noncompliance with pretreatment standards or requirements. This information shall be made available to the Regional Administrator and the Department upon request.
(vi) Investigate instances of noncompliance with pretreatment standards or requirements.
(vii) Comply with the public participation requirements of section 101(e) of the Clean Water Act (33 U.S.C.A. § 1251(e)) and regulations thereunder. These procedures shall include provision for at least annually providing public notification, in the largest daily newspaper in general circulation within the municipality in which the POTW is located, of industrial users which during the previous 12 months were significantly violating applicable pretreatment standards and requirements. A significant violation is a violation which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over the previous 12 months; which involves a failure to accurately report noncompliance; or which results in the POTW exercising its emergency authority under paragraph (1)(viii).
(viii) Provide sufficient funding resources, and personnel to effectively implement the pretreatment program.]
§ 94.62. [Pretreatment program submission.] [RESERVED].
[(a) A POTW requesting approval of a pretreatment program shall submit the following information in triplicate to the Department:
(1) A statement from the POTW's legal counsel that the POTW has adequate legal authority to implement its pretreatment program. The statement shall identify the following:
(i) The legal authorities providing the basis for the procedures in § 94.61(2) (relating to pretreatment program requirements).
(ii) The manner in which the POTW will implement the program requirements in § 94.61 including the means by which pretreatment will be applied to industrial users.
(iii) The means by which the POTW intends to ensure and enforce compliance with pretreatment standards and requirements.
(2) A copy of the statutes, ordinances, regulations, contracts, agreements or other authorities relied upon by the POTW for the administration of its pretreatment program and a statement reflecting the endorsement of the governing body supervising or funding the POTW.
(3) A brief description, including organization charts, of the POTW organization which will administer the pretreatment program. If more than one agency is responsible for administration of the program, the responsible agencies should be identified, their respective responsibilities delineated, their qualifications described and their procedures for coordination set forth.
(4) A description of the funding levels and full- and part-time manpower available to implement the program including administrative, technical, legal and supporting resources.
(b) Prior to submitting a pretreatment program to the Department for approval, the POTW shall provide for consultation on the pretreatment program with interested and affected members of the public. This consultation may take the form of task forces, public meetings, advisory groups, workshops or conferences.
(1) A copy of the draft submission shall be made available to the public 30 days before it is submitted to the Department, together with a fact sheet describing, in laymen's language, the POTW's pretreatment program and its basis.
(2) The POTW shall include a summary of its public participation efforts in its submission to the Department. The summary shall include the major public comments received, including comments received in conjunction with adopting a statute, ordinance, contract, agreement or other authority for enforcing pretreatment standards and the manner in which major issues identified by the public have been resolved.]
§ 94.63. [Pretreatment program approval.] [RESERVED].
[(a) Upon receipt of a submission from a POTW meeting the requirements of § 94.62 (relating to pretreatment program submission), the Department will publish notice of the POTW's request for approval in the Pennsylvania Bulletin and the largest daily newspaper in general circulation within the jurisdictions served by the POTW.
(b) At the time of publication of the public notice under subsection (a), the Department will mail notices of the request for approval to the following:
(1) Adjoining states whose waters may be affected.
(2) Federal and State fish, shellfish and wildlife agencies.
(3) Designated 208 planning agencies.
(4) Other interested agencies or persons as requested.
(c) There shall be a 30-day comment period following publication of the notice during which interested persons may submit written comments to the Department. The Department may extend the period for comment for an additional 15-day period.
(d) The POTW, an affected state or an interested agency or person may request a public hearing with respect to the pretreatment program submission. The Department will hold a hearing if the POTW so requests or if there is significant public interest in issues relating to whether or not the pretreatment program submission should be approved.
(1) A request shall be filed within the 30-day - or extended-comment period and shall indicate the interests of those filing the request and the reasons why a hearing should be held.
(2) If a hearing is to be held, notice of the hearing will be published at least 45 days prior to the date of the hearing in the Pennsylvania Bulletin and the daily newspaper in which notice of the request for approval of the POTW pretreatment program was published. In addition, notice of the hearing shall be sent to those persons requesting individual notice.
(e) The Department will complete the evaluation of a pretreatment program submission containing the information required by § 94.62 within 180 days from the date of receipt.
(f) In reaching a decision as to whether or not to approve a pretreatment program, the Department will consider:
(1) Compliance with §§ 94.61 and 94.62 (relating to pretreatment program requirements; and pretreatment program submission).
(2) Consistency of the pretreatment program submission with an applicable water quality management plan developed under section 208 of the Clean Water Act (33 U.S.C.A. § 1288). The plan shall include designated management agencies and shall address pretreatment under section 307(b) and (c) of the Clean Water Act (33 U.S.C.A. § 1317(b) and (c)) and regulations thereunder.
(3) Comments submitted during the public comment period.
(4) The record of the public hearing, if held.
(g) No POTW pretreatment program will be approved by the Department if following the 30-day - or extended-comment period in subsection (c) and a hearing held under subsection (d), the Regional Administrator sets forth in writing objections to the approval of the submission and the reasons for the objections. A copy of the Regional Administrator's objections shall be provided to the applicant, and persons who requested individual notice. The Regional Administrator shall provide an opportunity for written comments and may convene a public hearing on the commentator's objections. Unless retracted, the Regional Administrator's objections shall constitute a final ruling to deny approval of a POTW pretreatment program 90 days after the date the objections are issued.
(h) If the Department determines that a pretreatment program submission cannot be approved, it will notify the applicant POTW and will inform the applicant of modifications or revisions necessary to satisfy the requirements of §§ 94.61 and 94.62. The Department may allow the POTW additional time to bring the submission into compliance with applicable requirements.
(i) The Department will notify persons who submitted comments or participated in a public hearing on the submission of its decision to approve or disapprove the submission. The decision will also be published in the Pennsylvania Bulletin and the daily newspaper in which notice of the request for approval of the pretreatment program submission was published.
(j) A POTW pretreatment program approved by EPA prior to (Editor's Note: The blank refers to the effective date of this rulemaking) will be deemed approved by the Department, but is subject to modification or revocation by the Department.]
§ 94.64. [Reporting requirements for POTWs.] [RESERVED].
[(a) Compliance schedules for the development and implementation of an approvable POTW pretreatment program as required by §§ 94.61 and 94.62 (relating to pretreatment program requirements; and pretreatment program submission) shall contain the following conditions and reporting requirements:
(1) Dates for the commencement and completion of the major events in the development and implementation of the POTW pretreatment program, with no time increment for completion of an event to exceed 9 months.
(2) Progress reports to be submitted to the Department by the POTW within 14 days following each date in the schedule and the final date for compliance. The reports shall indicate, at a minimum, whether or not the POTW has complied with the increment of progress and, if not, the date it expects to achieve compliance, the reasons for delay, and the steps the POTW will take to return to the established schedule.
(b) Subsequent to receiving approval of its pretreatment program under § 94.63 (relating to pretreatment program approval), the POTW shall annually report to the Department on its pretreatment program activities as required by the pretreatment program reporting conditions which will be incorporated into the POTW's NPDES permit.
(c) Reports submitted to the Department by the POTW under this section shall be signed by a principal executive officer, ranking elected official or other authorized employe responsible for the overall operation of the POTW.
(d) A POTW that is required to or has implemented a pretreatment program shall maintain records of the information resulting from program implementation. The records include reports submitted to the POTW by industrial users under § 97.95 (relating to reporting requirements for industrial users). The records shall also contain the following information for monitoring activity conducted as part of the program:
(1) The date, exact place, method, time of sampling and name of the person taking the samples.
(2) The dates on which analyses of the samples were performed.
(3) Who performed the analyses.
(4) The analytical techniques or methodologies used.
(5) The results of the analyses.
(e) Records kept under this section shall be retained for a minimum of 3 years and shall be made available by the POTW to the Department and the Regional Administrator for inspection and copying upon request. The 3-year retention period shall be extended during the course of unresolved litigation regarding the POTW or an industrial user discharging into the POTW's treatment works or upon request of the Department or the Regional Administrator.
(f) The reports required by this section are
subject to 18 U.S.C. § 1001 (relating to fraud and false
statements), section 309(c)(2) of the Clean Water Act (33
U.S.C.A. § 1319(c)(2)) and 18 Pa.C.S. §§ 4904
and 4911 (relating to unsworn falsification to authorities; and
tampering with public records or information).]