RULES AND REGULATIONS
[25 PA. CODE CH. 94]
Municipal Wasteload Management
[28 Pa.B. 4517] The Environmental Quality Board (Board) by this order adopts amendments to Chapter 94 (relating to the administration of the municipal wasteload management program). The amendments are the result of the Department of Environmental Protection's (Department) Regulatory Basics Initiative and Executive Order 1996-1 (Regulatory Review and Promulgation). This final rulemaking incorporates the goals of these initiatives. Among the more significant changes from the proposed rulemaking are elimination of provisions which would have required both influent and effluent metering; elimination of provisions which would have required additional flow meters in the collection and conveyance facilities, and the addition of provisions to encourage voluntary pollution prevention techniques.
The Board approved these final-form regulations at its June 16, 1998, meeting.
A. Effective Date
These amendments will go into effect immediately upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information regarding these amendments, contact Glenn M. Maurer, Director, Bureau of Water Quality Protection, 11th Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 787-9666 or William S. Cumings, Jr., Assistant Counsel, Bureau of Regulatory Counsel, 9th Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This final rule is available electronically through the Department's Web site (http://www/dep.state.pa.us).
C. Statutory Authority
The amendments are being promulgated under the authority of section 5 of The Clean Streams Law (35 P. S. § 691.5) and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510.20).
D. Background and Purpose
Chapter 94 establishes the framework for monitoring sewer system and sewage treatment plant loading rates; projecting future loads; limiting additional contributions of sewage to overloaded facilities; planning for necessary facility expansion and encouraging pollution prevention options.
The Department has conducted an overall review of Chapter 94 through its Regulatory Basics Initiative as outlined at 25 Pa.B. 3343 (August 19, 1995) and through Governor Ridge's Executive Order 1996-1 (Regulatory Review and Promulgation) dated February 6, 1996. These initiatives were designed with the goal of improving Department regulations. The proposed rulemaking for this chapter published at 27 Pa.B. 4334 (August 23, 1997) resulted from these initiatives. Comments received on the proposed rulemaking were reviewed and a Comment and Response document was developed. That document and the changes made in this final rulemaking were reviewed by the Water Resources Advisory Committee (WRAC) which represents a wide range of organizations with an interest in wastewater.
E. Summary of Comments and Responses on the Proposed Rulemaking and Amendments to the Proposed Rule
The proposed rulemaking was published with a 30-day public comment period. The Board received comments from ten commentators. Detailed summaries of all comments may be found in a Comment and Response Document which is available from the contact persons whose names and addresses are noted in Section B of this Preamble. Following are summaries and responses to the more significant comments which were received during the comment period.
1. Significant Comments--§ 94.13 Relating to Measuring
A majority of the comments concerned the proposed language of § 94.13(a) which would have required sewage treatment plants receiving flows in excess of 100,000 gallons per day to be equipped to measure the influent flow of the plant. Some commentators suggested that this was unnecessary because measurements of outflow accomplish the same result. In addition, some commentators noted that this would require approximately 20% of wastewater treatment plants in this Commonwealth to retrofit their facilities with new meters. The costs for a new meter could range from $5,000 to $50,000 per treatment plant. Accordingly, the term ''influent'' is being deleted in the final rule.
Proposed § 94.13(a) provided that ''[a] sewage treatment plant or other part of a facility which receives or will receive within the next 5 years flows exceeding 100,000 gallons per day shall be equipped to continuously measure, indicate and record the . . . flow.'' A number of commentators felt that the phrase ''or other part of a facility'' was ambiguous. It was asserted that since there is no definition of facility, it is unclear exactly what areas of the wastewater system would have to have flow meters installed. Others felt it was also unclear if organic loading should also be monitored from facilities that are not wastewater treatment facilities. In light of these comments, the phrase ''or other part of a facility'' is being deleted in this final rule.
2. Section 94.1--Definitions
One commentator noted that the terms ''facility,'' ''plant'' and ''POTW'' were used in the proposal somewhat interchangeably and without clear distinction. The Board agrees and the defined terms ''plant'' and ''treatment facilities'' have replaced these other terms throughout the regulation, where appropriate. The definition of ''POTW'' has been deleted because it was initially intended to be used in the context of the pretreatment regulations outlined in Chapter 97 (relating to industrial waters). The Department has not accepted delegation from the Environmental Protection Agency (EPA) for the administration of a pretreatment program and does not intend to do so.
The existing definition of ''average daily flow'' was not proposed to be changed; however, since the phrase is not used in Chapter 94 as a result of the final rule, it is being deleted.
The term ''bypass'' was also not proposed to be changed. The existing definition is inconsistent with the definition and use of the term under the NPDES program and 40 CFR 122.41(m) (relating to conditions applicable to all permits (applicable to state programs)). To ensure consistency, a new definition of ''bypass'' is being provided. The term is defined as ''[t]he intentional diversion of wastewater either at or after the headworks of the plant.''
A minor grammatical change has been made to the definition of ''combined sewer system.''
A new term which was not noted in the proposal, ''CAP--corrective action plan,'' is defined. This term was added to more accurately reflect the type of plan which must be submitted to the Department to address an existing or projected overload as provided under §§ 94.21 and 94.22 (relating to existing overload; and projected overload).
A new definition for ''headworks'' was added to clarify the use of this term in the definitions of ''bypass'' and ''sanitary sewer overflow.''
The definition of ''hydraulic design capacity'' has been clarified. The proposal defined the term, in relevant part, as ''[t]he highest monthly average flow, expressed in millions of gallons per day, at which a sewage treatment plan is expected to consistently provide the required treatment . . . .'' This part of the definition has been revised to make it clear that it applies to the maximum monthly design flow rather than the highest monthly average flow. A sentence has been added at the end of the definition explaining that the maximum monthly design flow is specified in the water quality management (Part II) permit issued under Chapter 91 (relating to general provisions). Information regarding the maximum monthly design flow is an important tool in determining if there is an overload and the permit is the only place where the design flow is indicated. In addition, the term ''sewage treatment facility'' has been changed as explained.
The definition of ''hydraulic overload'' has also been clarified. The proposal defined the term, in part, as ''[t]he condition that occurs when the monthly average flow of the sewage treatment facility or other portion of the sewage system exceeds the hydraulic design capacity for 3-consecutive months out of the preceding 12 months. . . .'' The final rule clarifies this portion of the definition as ''[t]he condition that occurs when the monthly average flow entering a plant exceeds the hydraulic design capacity for 3-consecutive months out of the preceding 12 months.''
The term ''industrial user'' is changed to make it clear that it applies to an establishment which discharges or introduces industrial wastes into a sewerage facility rather than a POTW as currently provided. This change is necessitated because the term ''POTW'' has been deleted throughout the chapter, as discussed previously.
A new term, ''monthly average organic loading,'' has been added and is defined as ''[t]he total organic load received at a plant during any 1-calendar month divided by the number of days in that month. This value is expressed in pounds per day of BOD5.'' This term was added to provide consistency with the definition of ''average monthly flow'' and to provide a clear definition of how this loading is to be calculated.
The term ''organic overload'' has been revised to make it clear that it applies when the ''average daily organic load exceeds the organic design capacity'' rather than the load capacity.
Two terms relating to pollution prevention activities have been added to encourage pollution prevention activities. The terms are ''pollution prevention'' and ''PPP--Pollution Prevention Plan.''
Two terms relating to pretreatment program, ''pretreatment'' and ''pretreatment program'' were proposed for deletion in the proposal. During its review of these final-form regulations, the Department discerned that the deletion of these terms would affect the applicability of § 94.15 (relating to pretreatment program development). Accordingly, the terms are reinserted with slight modifications which eliminate sections of the regulations which are no longer applicable.
The definition of ''Regional Administrator'' is being deleted because the term is no longer used in the chapter.
The definition of ''sanitary sewer overflow'' was proposed to be deleted because the term would not have been applicable if the proposal were adopted. However, the term is used in these final-form regulations in § 94.12(a)(6), and the term has, therefore, been reinserted. The definition has been changed to make it consistent with the application of the term as used under the NPDES Program administered in accordance with Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance).
The definition of ''separate sanitary sewer system'' has been clarified to make it clear that the system is intended to carry sanitary sewage separate from stormwater as specified in the permit. The proposal did not contain a reference to the phrase ''as specified in the permit.''
The definition of ''sewerage facilities'' has been clarified so that the term is applicable to a plant and sewer system ''owned by or serving a municipality.'' This is intended to address those situations where privately-owned sewerage facilities are connected to municipally-owned sewerage facilities.
3. Section 94.2--Purpose
This section outlines the purpose of Chapter 94, which is to reduce pollution. The proposal provided that Chapter 94 is intended to prevent pollution by requiring owners and operators of sewerage facilities to manage wasteloads entering the sewerage facilities to accomplish certain enumerated objectives. The language has been revised to explain that the purpose of Chapter 94 is to ''prevent unpermitted and insufficiently treated wastewater from entering waters of this Commonwealth by requiring the owners and operators of sewerage facilities to project, plan and manage future hydraulic, organic and industrial waste loadings to their sewerage facilities.'' Owners and operators of sewerage facilities are encouraged to apply pollution prevention practices to avoid overloads.
Among the current objectives is the prevention of the introduction of pollutants into POTWs ''which will interfere with the operation of the plant or pass through or otherwise be incompatible with the plant.'' This objective, outlined in paragraph (3), is being deleted because this provision applies to pretreatment programs. The Department has not accepted delegation from the EPA for the administration of a pretreatment program.
Another current objective, outlined in paragraph (4) is to ''improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.'' This subsection is renumbered as paragraph (3) and is revised to highlight pollution prevention and source reduction opportunities. Thus, paragraph (3) provides that one of the pollution prevention objectives is to ''improve opportunities to prevent or reduce the volume and toxicity of industrial wastes generated and discharged to sewerage facilities and where prevention and reduction opportunities have been maximized and to recycle and reuse municipal and industrial wastewaters and sludges.''
4. Section 94.12--Annual Report
Among other things, the proposal would have required that annual reports required to be submitted by March 31 of each year be prepared using ''a brief summary form provided by the Department.'' This language has been replaced by language providing that the report be signed by the preparer and by the permittee of the plant. This phrase was added to clearly identify what signatures are required for the Department to accept the report as an official document of the permittee.
Subsection (a)(2) of the proposal provided that the information to be included in the annual report is to include a line graph depicting 5-year past and projected average daily organic loading for each month expressed as pounds per day of BOD5. In this final rulemaking, the information is to depict the monthly average organic loading rather than average daily loading. This change was made to provide consistency with defined terms.
Subsection (a)(3) of the existing regulation provides that 5-year projections are to include data supporting the projections. The language has been revised to clarify that the information in the annual report is also to include calculations and tables used to support the projections, as well as historic monthly data in tabular form.
Subsection (a)(4) of the proposal provided that the annual report is to also include a map showing, among other things, all sewer extensions approved in the past year in accordance with the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20). This portion of the subsection has been clarified to provide that the map also include sewer extensions exempt from the planning requirements of that act.
Subsection (a)(8) of the existing regulation (subsection (a)(6) of this final rulemaking) outlines certain types of sewer system problems which must be discussed in the annual report. The final-form regulations clarifies that these problems relate to combined sewer overflows and sanitary sewer overflows.
Subsection (a)(9) of the existing regulation (subsection (a)(7) of this final-form regulations) provides that a discussion in the annual report relating to the condition of sewage pumping stations include a comparison of ''available capacity'' with present and projected maximum flows for each station. The phrase ''available capacity'' has been changed to ''the maximum pumping rate.'' This change is intended to enable the Department to determine the maximum flows which a pump station can put out without overflowing.
Subsection (a)(8) of the proposal outlined other types of information relating to ordinances and industrial waste which should be submitted with the annual report. Language has been added designed to encourage the utilization of pollution prevention measures.
5. Section 94.13--Measuring, Indicating and Recording Devices
Most of the changes to this section have been outlined in Part 1 of Section E of this Preamble. However, the flows threshold for measurements required in this section has been clarified to make it clear that it applies to monthly average flows rather than flows.
6. Sections 94.21 and 94.22--Existing and Projected Overload
These sections require the permittee of a sewerage facility to prepare a written plan setting forth actions the permittee will undertake to address either a hydraulic or organic overload at its facility. The type of plan required is more accurately a corrective action plan. Accordingly, the phase ''corrective action plan'' has been inserted in lieu of existing terms referring to the plan.
7. Section 94.31--Organic or Hydraulic Overload (Imposition of Ban)
This section outlines the conditions which will result in the imposition of a ban on connections. Bans will be imposed whenever the Department determines that the sewerage facilities or a portion of a facility are either hydraulically or organically overloaded or that the discharge from the plant causes pollution and one or more other conditions prevail. Among the other conditions specified is that the ''[f]ailure of the permittee to provide facilities to prevent an organic or hydraulic overload was not caused solely by the unavailability of Federal construction grants under section 201 of the Clean Water Act for which the permittee has applied and remains eligible.'' This Federal construction grants program no longer exists and the quoted language from paragraph (3) has accordingly been deleted in this final rulemaking.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the final-form regulations. It also requires a statement of the need for, and a description of forms, reports or other paperwork required as a result of the final-form regulations.
These final-form regulations are necessary to implement the Department's Regulatory Basics Initiative and the goals of Executive Order 1996-1. Sections of Chapter 94 were identified as obsolete, overly prescriptive or written in a way that causes significant noncompliance.
Benefits
Individuals, consultants and sewage treatment plant permittees will benefit from the final amendments. The simplified annual report requirements will make it easier for permittees to comply with the regulations and should increase compliance. Cost savings were estimated as $753,000 during the development of the Regulatory Basics Initiative. In addition, elimination of obsolete regulations and modifications of the proposed rulemaking in response to comments received during the public comment period has improved the clarity of the regulations and will promote compliance.
Compliance Costs
The final rulemaking does not create new regulatory requirements. Several amendments included in the proposed rulemaking relating to metering flows were eliminated in the final-form rulemaking because some commentators noted these changes would substantially increase the cost of compliance. The final rulemaking will not impose additional costs on anyone.
Compliance Assistance Plan
The Department does not intend to develop a compliance assistance plan because there is no adverse impact on compliance.
Paperwork Requirements
There are no additional forms, reports or other paperwork required as the result of this final rulemaking. This final rulemaking is intended to reduce and simplify paperwork requirements.
G. Pollution Prevention
Pollution prevention approaches to environmental management often provide environmentally sound and longer-term solutions to environmental protection because pollution is prevented at the source. Pollution prevention is defined by the EPA as measures taken to avoid or reduce generation of all types of pollution--solid/hazardous waste, wastewater discharges and air emissions--at their points of origin; however, it does not include activities undertaken to treat, control or dispose of pollution once it is created. The Federal Pollution Prevention Act of 1990 established a National policy and environmental management hierarchy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The hierarchy is as follows:
(a) Pollution should be prevented or reduced at the source.
(b) Pollution that cannot be prevented should be recycled in an environmentally safe manner whenever possible.
(c) Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible to render it less hazardous, toxic or harmful to the environment.
(d) Disposal or other release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner.
The short- and long-term health of the economy of this Commonwealth depends on clean air, pure water and the preservation of the natural, scenic, historic and aesthetic values of the environment. The Commonwealth spends over $1 billion per year in efforts to control pollutants through regulation of both industrial point source discharges and nonpoint sources. To meet the Commonwealth's economic development and environmental protection goals successfully, the Commonwealth needs to adopt programs like pollution prevention that not only protect the environment, but also significantly reduce costs and increase the competitiveness of the regulated community. When pollution is prevented up front, it can reduce a company's bottom-line costs and overall environmental liabilities. Sometimes a company can get out of the regulatory loop through a successful pollution prevention program. It also can get the Department out of the business of regulating pollution that may not need to be generated in the first place.
In keeping with Governor Ridge's interest in encouraging pollution prevention solutions to environmental problems, this rulemaking has incorporated the following provisions and incentives to meet that goal:
The final-form regulations require permittees of wastewater treatment facilities to project, through an annual evaluation of permitted facilities, the potential for either a hydraulic or organic overload 5 years into the future. When overloads are projected, the permittee is required to take appropriate action to either eliminate the source of the overload or to expand or upgrade the wastewater facilities to handle the projected increased loading. Therefore, Chapter 94 is a pollution prevention program to the extent that permittees are required to prevent overloads preferably by eliminating the source of the overload.
Section 94.12 of the final rulemaking retains a reporting requirement to identify industrial discharges to sewerage facilities and discuss actions taken to alleviate problems caused by these discharges. Section 94.15 requires that where pollutant contributions by an industrial user results in interference or pass through and the violation is likely to recur, the sewerage facility must develop local limits for these industrial users to assure compliance with NPDES permits or sludge use or disposal practices. These elements provide important opportunities to encourage pollution prevention/source reduction programs and practices at sewage treatment facilities and at industries which discharge to these facilities.
In addition, the final rulemaking incorporates definitions of ''pollution prevention'' and ''pollution prevention plan.'' Specific references to pollution prevention were added to §§ 94.2, 94.3 and 94.12(a) (relating to the purpose of the regulation; scope of the regulation; industrial wastewater discharges to municipal facilities and plans to reduce or eliminate overloads).
The Department's Office of Pollution Prevention and Compliance Assistance is available to provide assistance in identifying pollution prevention opportunities to applicants subject to these provisions. For more information, contact:
Department of Environmental Protection
Office of Pollution Prevention and Compliance
Assistance
Rachel Carson State Office Building
P. O. Box 8772
Harrisburg, PA 17105-8772
(717) 787-0540or contact the nearest Department Regional Office or access the Department's WEB site at http://www.dep. state.pa.us (Choose ''Pollution Prevention'').
H. Sunset Review
These final-form regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 12, 1997, the Department submitted a copy of the notice of proposed rulemaking, published at 27 Pa.B. 4334 (August 23, 1997), to IRRC and the Chairperson of the Senate and House Environmental Resources and Energy Committees for review and comment. In compliance with section 5(c) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of all comments received, as well as other documentation.
In preparing these final-form regulations, the Department has considered all comments received from the Commission and the public. No comments were received from either of the Committees.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), these final-form regulations were deemed approved by the House and Senate Committees on July 31, 1998. IRRC met on August 11, 1998, and approved the final-form regulations in accordance with section 5.1(e) of the Regulatory Review Act.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These final-form regulations do not enlarge the purpose of the proposal published at 27 Pa.B. 4334.
(4) These final-form regulations are necessary and appropriate for the administration and enforcement of the authorizing acts identified in Section C of this Preamble.
K. Order
The Board, acting under authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 94, are amended by amending §§ 94.1--94.3, 94.11--94.15, 94.21, 94.22, 94.31 and 94.57 and by deleting §§ 94.61--94.64 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Senate and House Committees as required by the Regulatory Review Act.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
(Editor's Note: The following sections were not among the sections proposed to be amended at 27 Pa. B. 4334 (August 23, 1997): §§ 94.21, 94.22, 94.31 and 94.57.)
JAMES M. SEIF,
ChairpersonFiscal Note: Fiscal Note 7-322 remains valid for the final adoption of the subject regulations.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 4215 (August 22, 1998).)
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF
NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 94. MUNICIPAL WASTELOAD MANAGEMENT
GENERAL PROVISIONS § 94.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Average daily organic load--The arithmetic mean of all samples of 5-day Biochemical Oxygen Demand, expressed in terms of pounds per day, collected over a calendar month.
Ban--A restriction placed by the Department on additional connections to an overloaded sewer system or a sewer system tributary to an overloaded plant and other necessary measures the Department may require to prevent or alleviate an actual organic or hydraulic overload or an increase in an organic or hydraulic overload.
Bypass--The intentional diversion of wastewater either at or after the headworks of the plant.
CAP--Corrective action plan--A plan and schedule developed by the permittee of a sewerage facility which has an existing or projected overload. A CAP establishes actions needed and a schedule to reduce the overload and provide needed capacity.
CSO--Combined sewer overflow--An 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.
Capacity--The rated ability of the plant to receive and effectively treat a specified load. When the term is used in reference to a pump station or sewer system, the term refers to the rated ability to effectively convey a specified load.
Clean Water Act--33 U.S.C.A. §§ 1251, 1252, 1254--1256, 1259, 1262, 1263, 1281--1288, 1291, 1292, 1294--1297, 1311, 1314, 1315, 1317--1319, 1321--1324, 1328, 1341, 1342, 1344, 1345, 1362, 1364, 1375 and 1376.
Combined sewer system--A sewer system which has been designed to serve as both a sanitary sewer and a storm sewer.
Connection--The connection of a structure which generates or could generate hydraulic or organic loads to a sewer system.
Discharge--Wastewater flow which is or would be discharged to a sewer system.
Exception to a ban--An allowable connection to a sewer system even though a ban is in effect.
Extension--An addition to the sewer system to accommodate more than one connection.
Facilities of public need--Hospitals, health clinics, nursing care facilities, primary and secondary education facilities, fire and police stations and correctional institutions.
Headworks--For the purposes of this chapter, the first treatment unit or wetwell within the plant.
Hydraulic design capacity--The maximum monthly design flow, expressed in millions of gallons per day, at which a plant 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. This capacity is specified in the water quality management permit (Part II permit issued under Chapter 91) (relating to general provisions).
Hydraulic overload--The condition that occurs when the monthly average flow entering a plant exceeds the hydraulic design capacity for 3-consecutive months out of the preceding 12 months or when the flow in a portion of the sewer system exceeds its hydraulic carrying capacity.
Industrial user--An establishment which discharges or introduces industrial wastes into a sewerage facility.
Interference--A discharge which, alone or in conjunction with a discharge from other sources, does the following:
(i) Inhibits or disrupts the sewerage facility, its treatment processes or operations or its sludge processes, use or disposal.
(ii) Is a cause of a violation of a requirement of the sewerage facility'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:
(A) Section 405 of the Clean Water Act (33 U.S.C.A. § 1345).
(B) The Solid Waste Disposal Act (SWDA) (42 U.S.C.A. §§ 6901--6987), including Title II, more commonly referred to as the Resource Conservation and Recovery Act of 1976 (RCRA).
(C) State regulations contained in a State sludge management plan prepared under Subtitle D of the SWDA, the Clean Air Act (42 U.S.C.A. §§ 7401--7642), the Toxic Substances Control Act (15 U.S.C.A. §§ 2601--2629) and the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.A. §§ 1431--1434; 33 U.S.C.A. §§ 1401, 1402, 1411--1421 and 1441--1445).
Load--The rate of flow and organic strength of the wastewater, including infiltration, discharged to a plant, as measured at the influent of the plant or in the sewer system or a portion of it.
Monthly average flow--The total flow received at a sewerage facility or another portion of the sewer system during any 1-calendar month divided by the number of days in that month. This value is always expressed in millions of gallons per day (mgd).
Monthly average organic loading--The total organic load received at a plant during any 1 calendar month divided by the number of days in that month. This value is expressed in pounds per day of biological oxygen demand after 5 days (BOD5).
NPDES permit--A permit or equivalent document or requirements issued by the EPA, or, if appropriate, by the Department, to regulate the discharge of pollutants under section 402 of the Clean Water Act (33 U.S.C.A. § 1342).
Official plan--A comprehensive plan for the provision of adequate sewage systems adopted by a municipality 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 71 (relating to administration of sewage facilities planning program).
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 under Chapter 91).
Organic overload--The condition that occurs when the average daily organic load exceeds the organic design capacity upon which the permit and the plant design are based.
PPP--Pollution Prevention Plan--A written document that guides a discharger in the reduction of pollutants at their source before they reach the wastewater treatment plant. The PPP shall, at a minimum, address the following elements:
(i) An explicit statement of top management support for implementation of the pollution prevention plan.
(ii) A process characterization that identifies and characterizes the input of raw materials, outflow of products and generation of wastes.
(iii) An estimate of the amount of each waste generated.
(iv) Development of pollution prevention alternatives based on an estimate of reductions in the amount and toxicity of waste from each pollution prevention activity.
(v) An identification of pollution prevention opportunities to be implemented and an implementation timetable with interim and final milestones and periodic review of implemented recommendations.
Pass through--A discharge which exits the plant into waters of this Commonwealth in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of a requirement of the plant's NPDES permit--including an increase in the magnitude or duration of a violation.
Permit--A permit required by section 202 or 207 of the act (35 P. S. §§ 691.202 and 691.207).
Permittee--A person who possesses or is required to possess a permit.
Plant--Devices, systems or other works installed for the purpose of treating, recycling or disposing of sewage.
Pollution prevention--Source reduction and other practices--for example: direct reuse or in-process recycling--that reduce or eliminate the creation of pollutants through increased efficiency in the use of raw materials, energy, water or other resources, or protection of natural resources by conservation.
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 sewerage facility.
Pretreatment program--A program administered by a sewerage facility that has been approved by the EPA under 40 CFR 403.11 (relating to approval procedures for pretreatment programs and granting of removal credits).
Prohibition--A restriction placed by a permittee on additional connections to an overloaded sewer system or a sewer system tributary to an overloaded plant.
Sanitary sewer overflow--An intermittent overflow of wastewater, or other untreated discharge from a separate sanitary sewer system (which is not a combined sewer system), which results from a flow in excess of the carrying capacity of the system or from some other cause prior to reaching the headworks of the plant.
Separate sanitary sewer system--A sewer system or part thereof which is specifically designed and intended to carry sanitary sewage separate from stormwater as specified in the permit.
Sewerage facilities--The term used to collectively describe a plant and sewer system owned by or serving a municipality.
Sewer system--The pipelines or conduits, pumping stations and force mains, and other appurtenant constructions, devices and facilities used for conveying sewage to a plant.
(b) A word or phrase which is not defined in this chapter but which is defined in Chapter 92 (relating to National Pollutant Discharge Elimination System) has the meaning as defined therein.
§ 94.2. Purpose.
This chapter is intended to prevent unpermitted and insufficiently treated wastewater from entering waters of this Commonwealth by requiring the owners and operators of sewerage facilities to project, plan and manage future hydraulic, organic and industrial waste loadings to their sewerage facilities. Reductions in wastewater volume and pollutant mass loadings through the application of pollution prevention practices are encouraged to avoid hydraulic, organic and industrial wastewater overloads at sewerage facilities 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 plan.
(3) Improve opportunities to prevent or reduce the volume and toxicity of industrial wastes generated and discharged to sewerage facilities and where prevention and reduction opportunities have been maximized, and to recycle and reuse municipal and industrial wastewaters and sludges.
§ 94.3. Scope.
This chapter requires owners of sewerage facilities to properly plan, manage and maintain sewerage facilities in a manner which will do the following:
(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 sewerage facilities 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.
GENERAL REQUIREMENTS § 94.11. Sewer extensions.
(a) A sewer extension may not be constructed if the additional flows contributed to the sewerage facilities from the extension will cause the plant, pump stations or other portions of the sewer system to become overloaded or if the flows will add to an existing overload unless the extension is in accordance with an approved CAP submitted under § 94.21 or § 94.22 (relating to existing overload; and projected overload) or unless the extension is approved under § 94.54 (relating to sewer line extension).
(b) The Department may issue a permit for the construction of a capped sewer, which would be tributary to an overloaded sewerage facility where the capped sewer would not be placed into service until adequate conveyance and treatment capacity becomes available under all of the following conditions:
(1) The proposed project is consistent with the approved official plan of the municipality.
(2) The municipality or municipal authority which owns the sewer system to which the capped sewer would connect has an approved program for providing adequate conveyance and treatment capacity within 5 years of the date of issuance of a capped sewer permit by the Department.
(3) Other Department requirements for sewer design and construction are met.
§ 94.12. Annual report.
(a) To provide for annual review of sewerage facilities and ensure that there is sufficient time to address existing operational or maintenance problems or to plan and construct needed additions, plant permittees shall submit a complete and accurate wasteload management annual report, in duplicate, by March 31 of each year to the appropriate regional office of the Department. The report shall be signed by the preparer and by the permittee of the plant and include the following:
(1) A line graph depicting the monthly average flows (expressed in millions of gallons per day) for each month for the past 5 years and projecting the flows for the next 5 years. The graph shall also include a line depicting the hydraulic design flow (also expressed in millions of gallons per day) of the plant included in the water quality management permit (Part II permit issued under Chapter 91 (relating to general provisions)).
(2) A line graph depicting the monthly average organic loading (expressed as pounds per day of BOD5) for each month for the past 5 years and projecting the monthly average organic loading for the next 5 years. The graph shall also include a line depicting the organic loading design (also expressed in pounds per day of BOD5) of the plant included in the water quality management permit (Part II permit issued under Chapter 91).
(3) A brief discussion of the basis for the 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 map showing all sewer extensions constructed within the past calendar year, sewer extensions approved or exempted in the past year in accordance with the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20) and 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 includes 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.
(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.
(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, combined sewer overflow, sanitary sewer overflow, excessive infiltration and other system problems.
(7) A discussion of the condition of sewage pumping stations, including a comparison of the maximum pumping rate 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 the ordinance or regulation under this chapter, if it has not previously been submitted. Ordinances, regulations or fee structures may provide incentives to industrial waste dischargers to use pollution prevention techniques to reduce or eliminate the generation of industrial wastewater discharges to the sewer system.
(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. The report may describe pollution prevention techniques in the summary of steps taken to alleviate current problems caused by industrial waste dischargers and in actions taken to eliminate or prevent potential or recurring problems caused by industrial waste dischargers.
(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) A plant which receives or will receive within the next 5 years, monthly average flows exceeding 100,000 gallons per day shall be equipped to continuously measure, indicate and record the flow. The permittee of the plant shall install equipment necessary for these measurements within 6 months after the date when such a flow 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 under § 94.12 (relating to annual report).
§ 94.14. Approval of official plans and revisions.
No official plan, official plan revision or supplement will be approved 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 this chapter.
§ 94.15. Pretreatment program development.
In cases where pollutants contributed by industrial users result in interference or pass through, and the violation is likely to recur, a permittee shall develop and implement specific local limits for industrial users and other users, as appropriate, that together with appropriate sewerage facility or operational changes, are necessary to ensure renewed or continued compliance with the plant's NPDES permit or sludge use or disposal practices.
ACTION ON OVERLOAD FACILITIES § 94.21. Existing overload.
(a) If the annual report establishes or if the Department determines that the sewerage facilities or any portions thereof are either hydraulically or organically overloaded, the permittee of the sewerage facilities shall comply with the following program:
(1) Prohibit new connections to the overloaded sewerage facilities except as approved by the permittee under the standards for granting exceptions contained in §§ 94.55--94.57 (relating to building permit issued prior to ban; replacement of a discharge; and other exceptions). No building permit may be issued by a governmental entity which may result in a connection to overloaded sewerage facilities or increase the load to those sewerage facilities from an existing connection. The permittee shall retain records of exceptions granted and make the records available to the Department upon request.
(2) Immediately begin work for the planning, design, financing, construction and operation of the sewerage facilities that may be necessary to provide required capacities to meet anticipated demands for a reasonable time in the future and resulting in a project that is consistent with the applicable official plans approved under the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20) and the regulations thereunder in Chapter 71 (relating to administration of the sewage facilities planning program) and consistent with the requirements of the Department and the Federal Government regarding areawide planning and sewerage facilities.
(3) Submit to the Regional Office, for the review and approval of the Department, a written CAP to be submitted with the annual report or within 90 days of notification of the Department's determination of overload, setting forth the actions to be taken to reduce the overload and to provide the needed additional capacity. The written CAP shall include, but not be limited, to limitations on and a program for control of new connections to the overloaded sewerage facilities and a schedule showing the dates each step toward compliance with paragraph (2) shall be completed.
(b) Upon receipt of an acceptable CAP submitted in accordance with subsection (a)(3), the Department may modify or lift the requirement to prohibit new connections and the issuance of building permits contained in subsection (a)(1). In determining whether the requirement to prohibit new connections shall be modified or lifted, the Department will consider the extent to which the permittee plans to limit new connections; the timing for provisions of additional capacity and reduction of the existing overload; and the impact of the overload on treatment plant effluent quality, water quality degradation and public health.
(c) The Department may approve permits for extensions to overloaded sewerage facilities when the following conditions are met:
(1) The proposed extension is consistent with an acceptable CAP submitted under subsection (a)(3).
(2) The proposed extension is consistent with the applicable official plan approved under the Pennsylvania Sewage Facilities Act and the regulations adopted thereunder at Chapter 71.
(3) The additional load from the proposed extension will not have a significant adverse impact on the water quality of the receiving waters.
(4) The proposed extension is in accordance with any other applicable requirement of this title.
(5) The connections to the extension are controlled in accordance with the CAP submitted in accordance with subsection (a)(3); provided that, no connections to extension may be allowed when the approved CAP is not being implemented in accordance with the schedule contained therein.
§ 94.22. Projected overload.
If the annual report shows or if the Department determines that the sewerage facilities or any portion thereof will, within the next 5 years, become hydraulically or organically overloaded, the permittee of the sewerage facilities shall comply with the following:
(1) Submit a report or CAP to the regional office, with the annual report or within 90 days of notification of the Department's determination, setting forth steps to be taken by the permittee to prevent the sewerage facilities from becoming hydraulically or organically overloaded. If the steps to be taken include planning, design, financing, construction and operation of sewerage facilities, the facilities shall be consistent with an official plan approved under the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20) and the regulations thereunder in Chapter 71 (relating to administration of the sewage facilities planning program) and consistent with the requirements of the Department and the Federal government regarding areawide planning and sewerage facilities.
(2) Limit new connections to and extensions of the sewerage facilities based upon remaining available capacity under a plan submitted in accordance with this section.
IMPOSITION OF BAN § 94.31. Organic or hydraulic overload.
A ban on connections will be imposed by the Department whenever the Department determines that the sewerage facilities or any portion thereof are either hydraulically or organically overloaded or that the discharge from the plant causes actual or potential pollution of the waters of this Commonwealth and, in addition, that one or more of the following conditions prevail:
(1) The Department determines that a ban is necessary to prevent or alleviate endangerment of public health.
(2) The permittee has failed to submit a satisfactory plan or has failed to implement the program as required by § 94.21 (relating to existing overload).
EXCEPTIONS TO BANS § 94.57. Other exceptions.
Connections which are necessary to eliminate a public health hazard or which are necessary for the operation of a facility of public need as the term is defined in § 94.1 (relating to definitions) shall constitute an exception to a ban.
§§ 94.61--94.64. (Reserved).
[Pa.B. Doc. No. 98-1440. Filed for public inspection September 4, 1998, 9:00 a.m.]
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