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 permitting, monitoring and compliance) has the meaning as defined therein.
Authority The provisions of this § 94.1 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); amended under 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).
Source The provisions of this § 94.1 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 6, 1978, effective October 23, 1978, 8 Pa.B. 2722; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended February 26, 1988, effective upon delegation of the pretreatment program to the Department by the Environmental Protection Agency, 18 Pa.B. 846; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial pages (237390), (237217) to (237218) and (228275) to (228276).
Cross References This section cited in 25 Pa. Code § 94.57 (relating to other exceptions); and 52 Pa. Code § 66.32 (relating to definitions).
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