The following words, terms and phrases when used in
this article shall have the meaning described in this section, except
where the context specifically indicates otherwise:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
ACT 537
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, 35 P.S. § 750.1 et seq., as amended from time to time.
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL/COMMERCIAL USER
An authorized representative of an industrial/commercial
user may be:
(1)
For a corporation: a responsible corporate officer
of the level of president, vice president, secretary or treasurer
of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions
for the corporation.
(2)
Or alternatively, for a corporation: the manager
of one or more manufacturing, production or operation facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding $25,000,000, if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
(3)
A general partner or proprietor if the Industrial/Commercial
User is a partnership or proprietorship, respectively.
(4)
For a federal, state, or local government: a
director or the highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility.
(5)
A duly authorized representative of the individual
designated above if (a) the authorization is made in writing by the
individual or (b) the authorization specifies either an individual
or position having responsibility for the overall operation of the
facilities from which the indirect discharge originates, such as the
position of plant manager, operator of a well, or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and (c) the written authorization
is submitted to Enforcement Officer.
AVERAGE DAILY FLOW
A measurement of wastewater flow calculated by dividing the
total wastewater flow under consideration for the 30 days immediately
preceding the date of calculation by the number 30.
BEST MANAGEMENT PRACTICES or BMPS
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §
152-39. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
[Added 12-10-2007 by Ord. No. 575]
BIOSOLIDS
Nutrient-rich organic material resulting from the reclamation
of wastewater.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures, for five days
at 20° C usually expressed as a concentration in milligrams per
liter (mg/l). The standard laboratory procedure shall be that found
in the latest EPA approved edition of standard methods.
BYPASS
The intentional diversion of waste streams from any portion
of an industrial/commercial user's treatment facility.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 307(b) and (c) of The Act (33 U.S.C.
§ 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
COLLECTION SYSTEM
All of the wastewater collection facilities constructed or
to be constructed, which conveys wastewater toward the interceptor,
Plant No. 1 and/or Plant No. 2, whether owned by Denver, Ephrata or
another municipal owner, including but not limited to, sewers, interceptors,
force mains, metering devices, pumping stations and other appurtenances.
COMPOSITE WASTEWATER SAMPLE
A combination of individual samples of water or wastewater
collected at selected intervals, generally hourly for some specific
period, to minimize the effect of the variability of the individual
sample. Individual samples may have equal volume or may be roughly
proportioned to the flow at the time of sampling.
CONTROL AGENCIES
The DEP, EPA and any and all governmental agencies, including
Ephrata, who have a right to control treatment, transportation and
disposal of wastewater.
COOLING WATER
The water discharged from any recirculating, evaporative
type cooling tower system or evaporative cooling pond for any use
such as air conditioning, refrigeration, process cooling system, or
combination cooling and process air scrubbing water system, and in
which the makeup water impurity concentrations have been elevated
due to evaporation, and/or to which antiscaling chemicals, corrosion
inhibition chemicals, and/or EPA approved antimicrobial chemicals
have been added.
DENVER
The Borough of Denver, Lancaster County, Pennsylvania, and
its officials and employees.
DEP
The Department of Environmental Protection of the commonwealth
or any successor thereto.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the commonwealth.
DISSOLVED SOLIDS
The anhydrous residues of the dissolved constituents in water
or wastewater as determined by the standard laboratory procedure set
forth in the latest edition of standard methods.
ENFORCEMENT OFFICER
The entity appointed by Denver Borough Council to administer
and enforce the provisions of this article, include the issuance of
permits, collection of fees, imposition of administrative penalties,
and institution and prosecution of enforcement actions. The Enforcement
Officer may be an individual person, a firm or corporation, or a municipal
corporation.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
EPHRATA
The Borough of Ephrata, Lancaster County, Pennsylvania, and
the Ephrata Borough Authority, and their officials, agents, and employees.
When used in this article, Ephrata shall refer to both Ephrata Borough
and Ephrata Borough Authority, as their legal rights and interests
appear.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commences prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of The Act.
FACILITIES
The Denver collection system, Plant No. 1, Plant No. 2 and
the interceptor, collectively, together with all capital additions.
GARBAGE
The animal and vegetable solid waste resulting from the domestic
and commercial preparation, cooking and dispensing of food and from
handling, storage, and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
GROUNDWATER
Water which is contained in or passing through the ground.
HOLDING TANK WASTE
Any waste from tank trucks, pump trucks, holding tanks, septic
tanks, chemical toilets, campers, trailers or similar devices delivering
waste of a sanitary and/or domestic origin.
IMPROVED PROPERTY
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sanitary wastewater and/or industrial
wastewater shall be or may be discharged.
INDIRECT DISCHARGE
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307 (b), (c) or (d) of The Act.
INDUSTRIAL PRETREATMENT PROGRAM
A program administered by the owner of the POTW that meets
the criteria established in 40 CFR 403.8 and 403.9, and which has
been approved by a regional administrator or state director in accordance
with 40 CFR 403.11 and which has been approved by the Enforcement
Officer and, if required, Ephrata.
INDUSTRIAL USERS and INDUSTRIAL/COMMERCIAL USERS
A source engaged in commercial or industrial activities of
indirect discharge which does not constitute a "discharge of pollutants"
under regulations issued pursuant to Section 402 of The Act, 33 U.S.C.
§ 1342.
INDUSTRIAL WASTE/INDUSTRIAL WASTEWATER
Solid, liquid or gaseous substances, waterborne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, trade, or business process or in the course of development,
recovering or processing of natural resources, but not sanitary wastewater.
Including any and all wastes, other than sanitary wastewater, discharged
from industrial establishments, certain commercial establishments,
including but not limited to hospitals and restaurants, and other
similar business or institutional activities, and additionally in
any other respects as such term is defined in the Pennsylvania Clean
Streams Law, Act of June 22, 1937, as amended, 35 P.S. § 691.1
et seq. (the "Clean Streams Law").
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERCEPTOR
The interceptor sewer owned by the Ephrata commencing at
a point of connection with Denver's collection system and extending
in and through portions of the Townships of Ephrata and East Cocalico
and Ephrata Borough, discharging at Plant No. 2 and continuing further
to terminate at Plant No. 1, including the Mission Pumping Station
and appurtenant facilities. This interceptor is a gravity main to
the Mission Pumping Station and is a force main from such pumping
station to Plant No. 1.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations, or its sludge processes and/or
biosolids processes, use or disposal; and therefore, is a cause of:
(1)
A violation of any requirement of the Ephrata
NPDES Permit (including an increase in the magnitude or duration of
a violation); and/or
(2)
The prevention of sludge and/or biosolids use
or disposal by the POTW in accordance with Section 405 of The Act,
or any criteria, guidelines, or regulations developed pursuant to
the Solids Waste Disposal Act (SWDA) including Title II, more commonly
referred to as the Resource Conservation and Recovery Act (RCRA),
the Clean Air Act, the Toxic Substances Control Act, the Marine Protection,
Research and Sanctuaries Act, or more stringent state criteria, including
those contained in any state sludge management plan prepared pursuant
to Title IV (Subtitle D) of SWDA applicable to the method of disposal
or use employed by the POTW.
INTERMUNICIPAL GROUP (or the "IMG")
The committee made up of appointees of the municipalities
which are parties to the Sewer Service Agreement dated November 1,
1995 (or as may be amended from time to time), with respect to the
Ephrata Wastewater Facilities, established pursuant to Section 2.06
of that Agreement.
MANHOLE
A structure leading from the surface of the ground to a sewer,
permitting access to the sewer.
MGD
A million gallons per day, based on average daily flow.
MG/L
Milligrams per liter.
MUNICIPAL OWNER
The municipality and/or municipal authority that owns any
portion of any collection system that may be used for the conveyance
of sanitary wastewater and/or industrial wastewater from a user.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of The Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users and which appears in 40 CFR, Chapter I, Subchapter N, §§ 405-471.
(Same as "categorical pretreatment standard" or "categorical standard.")
NEW SOURCE
(1)
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards under Section 307(c) of The Act which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
(a)
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
(b)
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
(c)
The production or wastewater generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
(2)
Construction on a site at which an existing source is located results in modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsections
(1)(b) or
(1)(c) above but otherwise alters, replaces or adds to existing process or production equipment.
(3)
Construction of a new source as defined under
this subsection has commenced if the owner or operator has:
(a)
Begun, or caused to begin as part of a continuous
on-site construction program:
[1]
Any placement, assembly, or installation of
facilities or equipment; or
[2]
Significant site preparation work, including
clearing, excavation or removal of existing buildings, structures
or facilities which is necessary for placement, assembly or installation
of new source facilities or equipment; or
(b)
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss, and contracts of feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
NEW USER
A new connection generating a new sewage flow and/or an existing
customer and point of connection that is either:
(1)
Applying for an increase in building size or
sewer usage by way of land development approval or planning module
approval or application for reserved sewer capacity; and
(2)
An existing customer at an existing point of
connection or a new point of connection who is or is not expanding
or modifying their building but who is expanding, changing or intensifying
the use of their property in such a way as to add residential dwelling
units or commercial or industrial establishments or portions thereof
or change or intensify the use of the property served by the POTW.
(3)
An existing customer at an existing point of
connection who is not expanding their building or changing their usage
but is generating a substantial increase in flow, with their existing
facilities.
NONCONTACT COOLING WATER
Water used for cooling to which the only pollutant added
is heat and which does not come into direct contact with any raw material,
chemicals added for scale and corrosion inhibition, antimicrobial
chemicals, intermediate product, waste product, or finished product.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
PASS THROUGH
A discharge which exits the POTW into the waters of the commonwealth
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of any requirement of any applicable NPDES permit (including an increase
in the magnitude and duration of violation).
PEAK FLOW
Any flow which exceeds 1.7 times the average daily flow.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns.
pH
The reciprocal of the logarithm, Base 10, of the hydrogen
ion concentration, and is used as an indicator of the acidity or alkalinity
of a solution, expressed in standard units.
PLANT
Plant No. 1 or Plant No. 2, as applicable.
PLANT NO. 1
The sewage treatment plant and facilities, located in Ephrata
Borough, owned by Ephrata Borough Authority and operated by Ephrata
Borough, together with any capital additions thereto.
PLANT NO. 2
The sewage treatment plant and facilities located in Ephrata
Township, owned by Ephrata Borough Authority, and operated by Ephrata
Borough, together with any capital additions thereto.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, biosolids, munitions, filter backwash, medical
wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt and
industrial, municipal, and agricultural waste and certain characteristics
of wastewater (e.g., pH, temperature, SS, turbidity, color, BOD, COD,
toxicity, or odor).
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
POTW
See "publicly owned treatment works."
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
such pollutants into the facilities and/or a POTW. The reduction or
alteration can be obtained by physical, chemical or biological processes;
by process changes; or by other means, except by diluting the concentration
of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a national pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS or POTW
A "treatment works" as defined by Section 212 of the Act,
33 U.S.C. § 1292, which is owned by Denver, Ephrata or a
municipal owner. This definition includes any devices and systems
used in the collection, transfer, storage, treatment, recycling and
reclamation of sewage or industrial wastes of a liquid nature. It
also includes pipes, sewers, and other conveyances only if they convey
wastewater to a POTW treatment plant.
REQUIREMENT(S)
Any and all local, state and federal laws, case law, statutes,
regulations (including but not limited to these regulations), rules,
guidelines, policies, permits, approvals and other standards or requirements
of control agencies, as amended and/or changed.
SANITARY SEWER
A sewer which carries sanitary wastewater and/or authorized
industrial/commercial wastes and to which storm, surface, and ground
waters are not intentionally admitted.
SANITARY WASTEWATER
All normal water-carried household and toilet waste from
kitchens, water closets, lavatories, laundries and bathrooms, especially,
but not limited to, wastes typical to households, from sanitary conveniences
wherever located or existing.
SEPTIC TANK WASTE
Waste from a settling tank in which settled Sludge is in
immediate contact with the wastewater flowing through the tank and
the organic solids are decomposed by anaerobic bacterial action.
SEWAGE
All water-carried waste defined as Sewage in Act 537, including
sanitary wastewater and industrial wastewater.
SEWER
A pipe or conduit for carrying sanitary wastewater or authorized
industrial wastewater.
SEWER SERVICE AGREEMENT (or the "AGREEMENT")
The Intermunicipal Agreement dated November 1, 1995, setting
forth the provisions for providing conveyance and treatment of sanitary
wastewater and industrial wastewater by Ephrata and providing for
the sharing of costs and responsibilities of the municipal owners,
including the Ephrata, for this conveyance and treatment.
SIGNIFICANT INDUSTRIAL USER (SIU)
(1)
A user subject to categorical pretreatment standards;
or
(2)
A user that:
(a)
Discharges an average of 25,000 gallons per
day or more of process wastewater to the facilities and/or POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewater); or
(b)
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of any individual POTW treatment plant; or
(c)
Has in its wastes toxic pollutants as defined
pursuant to § 307 of The Act or Pennsylvania statutes and
rules; or
(d)
Is designated as such by the Enforcement Officer,
Ephrata, DEP, or the EPA on the basis that it has a reasonable potential
for adversely affecting the facilities operation and/or the POTW's
operation or for violating any pretreatment standard or requirement.
(3)
Upon a finding that a user meeting the criteria in Subsection
(2) has no reasonable potential for adversely affecting the facilities; and/or the POTW's operation or for violating any pretreatment standard or requirement, the Enforcement Officer and/or Ephrata may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE (SNC)
For significant industrial users (SIUs) shall include:
[Amended 12-10-2007 by Ord. No. 575]
(1)
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all of the wastewater
measurements, including laboratory analyses taken during a six-month
period, exceed a numeric pretreatment standard or requirement or instantaneous
limits by any amount;
(2)
Technical review criteria (TRC) violations,
defined here as those in which 33% or more of all of the wastewater
measurements, including laboratory analyses for each pollutant parameter
taken during a six-month period, equals or exceeds the product of
the numeric pretreatment standard or requirement including instantaneous
limits multiplied by the applicable factors listed herein. The TRC
factors are listed as follows: 1.4 for BOD, SS and fats, oils and
grease and 1.2 for all other pollutants except pH;
(3)
Any other discharge violation of a pretreatment
standard or requirement that the Enforcement Officer or Ephrata determines
has caused, alone or in combination with other discharges, interference
or pass-through or has endangered the health of POTW personnel or
the general public;
(4)
Any discharge of a pollutant that has caused
an imminent endangerment to the public or to the environment or has
resulted in the Enforcement Officer's or Ephrata's exercise of its
emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within 90 days after the scheduled
date, a compliance schedule milestone contained in an industrial waste
discharge permit or enforcement order for starting construction, completing
construction or attaining final compliance;
(6)
Failure to provide, within 45 days after the
due date, any required reports, including baseline monitoring reports,
compliance reports, periodic self-monitoring reports and reports on
compliance with compliance schedules;
(7)
Failure to accurately report noncompliance;
or
(8)
Any other violation or group of violations which
may include a violation of best management practices which the Enforcement
Officer or Ephrata determines will adversely affect the operation
of the facilities or the implementation of the Borough's pretreatment
program.
SLUDGE
The accumulated solids separated from liquids, such as wastewater,
during processing, and/or the precipitate resulting from coagulation
or sedimentation of wastewater.
SLUG or SLUG LOAD
A discharge at a flow rate or concentration which could cause
a violation of the prohibited discharge standards, including, but
not limited to, an accidental spill or noncustomary batch discharge.
STANDARD METHODS
An abbreviated expression used to denote standard methods
for the examination of water and waste water, a manual published by
the American Public Health Association specifying official analytical
procedures for the measurement of wastewater parameters.
STATE
Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snow
melt.
SUSPENDED SOLIDS (SS)
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
TOTAL SOLIDS
The sum of dissolved and undissolved constituents in water
or wastewater as determined by laboratory analysis in accordance with
standard methods.
TOXIC SUBSTANCES
Any substance or combination of substances that: (a) is listed
as toxic in regulations promulgated by the Administrator of the EPA
under the provision of Section 307(a) of The Act, or other acts, or
(b) is present in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with the operation of the
POTW, including any wastewater treatment process, to constitute a
hazard to humans or animals, to create a public nuisance, or to create
any hazard in the POTW or in the receiving waters of the POTW.
UNAUTHORIZED WASTE
Any waste which is not in compliance with the provisions
of these regulations, or which is discharged into the POTW by a person
in violation of any provision contained in this article.
USER
A source of indirect discharge or wastewater into the POTW
and/or any person who contributes, causes or permits contribution
of discharge or wastewater into the POTW.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water, and Stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
WASTEWATER SYSTEM
The wastewater collection systems, pumping stations, Interceptor
systems and treatment plants, operated by the municipalities and/or
their authorities and which directs flow to the Ephrata Wastewater
Treatment Plants.
WATERS OF THE COMMONWEALTH
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the commonwealth or any portion
thereof.