This article shall be known as and may be cited
as the "Eagleview Drainage Basin Sewer Use Ordinance of 1994."
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated. Words in the present tense include
the future. The singular number includes the plural number. The plural
number includes the singular number. The word "shall" is mandatory,
while the word "may" is permissive.
ACT
The Federal Water Pollution Control Act, as amended, also
known as the "Clean Water Act."
AGREEMENT
The agreement dated February 14, 1994, as amended by the
first amendment to the agreement dated October 22, 2007, by and between
the Township, the Authority and the Hankin Group, pertaining to the
expansion and operation of the EVSTP.
[Amended 12-14-2021 by Ord. No. 2021-05]
AUTHORITY
The Uwchlan Township Municipal Authority.
AUTHORIZED REPRESENTATIVE OF USER
An authorized representative of a user is:
A.
A principal executive officer of at least the
level of vice president, if the user is a corporation;
B.
A general partner or proprietor if the user
is a partnership or proprietorship, respectively;
C.
A principal executive officer or a person having
responsibility for the overall operation of the user's facility if
the user is a governmental agency, unincorporated organization, or
other similar entity; or
D.
A duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facility with respect to which action hereunder is
required.
AVERAGE DAILY FLOW
The wastewater discharge volume from the most recent calendar
quarter divided by 91.25.
BIOCHEMICAL OXYGEN DEMAND (BOD5)
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five days at 20° C. The standard
laboratory procedure shall be found in the latest edition of "Standard
Methods for the Examination of Water and Sewage" published by the
American Public Health Association.
[Amended 12-14-2021 by Ord. No. 2021-05]
BYPASS
The intentional diversion of waste streams from any portion
of an industrial user's facility for pretreatment.
CATEGORICAL INDUSTRY
Any industry subject to pretreatment standards as specified in 40 CFR Chapter
1, Subchapter N, establishing quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a treatment plant by existing or new industrial users in specific industrial subcategories.
CHEMICAL OXYGEN DEMAND (COD)
The quantity of oxygen, expressed in mg/l, required to chemically
oxidize the organic and inorganic matter in a water or wastewater
sample under the standard laboratory procedure. The standard laboratory
procedure shall be that in the latest edition of "Standard Methods
for the Examination of Water and Sewage" published by the American
Public Health Association.
[Amended 12-14-2021 by Ord. No. 2021-05]
COMPATIBLE POLLUTANT
BOD5, total suspended solids, total
Kjeldahl nitrogen, total phosphorus, and fecal coliform bacteria.
CHRONIC VIOLATION
A violation of a wastewater discharge limit in which 66%
or more of all of the measurements taken during a six-month period
exceeded (by any magnitude) the daily maximum limit or the average
limit for the same pollutant.
DISCHARGE PERMIT
A permit issued by the Township authorizing the discharge
of tank truck or hauled waste at the EWTP.
DOWNINGTOWN REGIONAL WATER POLLUTION CONTROL CENTER (DRWPCC)
The facilities in East Caln Township treating wastewater
pursuant to the Intermunicipal Agreement among DARA, the Borough of
Downingtown and the Townships of Caln, East Caln, Uwchlan and West
Whiteland.
[Added 12-14-2021 by Ord. No. 2021-05]
ENGINEER
The Township's consulting engineer, as appropriate.
EPA
The United States Environmental Protection Agency, including,
where appropriate, the Administrator or other duly authorized official
of said agency.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the commercial handling,
storage and sale of produce.
GRAB SAMPLE
An individual sample collected over a period of time not
exceeding 15 minutes.
INDUSTRIAL USER
Any person discharging industrial wastewater to the sewerage
system.
INDUSTRIAL WASTE OR WASTEWATER
Any water which, during a manufacturing or processing operation,
including those regulated under Sections 307(b), (c), or (d) of the
Act, comes into direct contact with or results from the production
or use of any raw material, intermediate product, finished product,
by-product, or waste product, or any other water contaminated by an
industrial process, and distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the EVSTP processes or operations
which contributes to a violation of any requirement of the Township's
NPDES permit or a decrease in treatment efficiency. The term includes
inhibition or disruption of sewage sludge use or disposal from the
EVSTP in accordance with Section 405 of the Act (33 U.S.C. § 1317)
or any criteria, guidelines, or regulations developed pursuant to
the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic
Substances Control Act, or more stringent state criteria ( including
those contained in any state sludge management plan prepared pursuant
to Title IV of SWDA) applicable to the method of disposal or use employed
by the EVSTP.
[Amended 12-14-2021 by Ord. No. 2021-05]
LOCAL DISCHARGE LIMITS
Numerical limitations on the concentration, mass or other
characteristics of wastes or pollutants discharged to the sewerage
system by industrial users, and which are developed by the Township.
MILLIGRAMS PER LITER (MG/L)
The ratio of weight to volume expressing the concentration
of a specified component in wastewater. Also known as parts per million
(ppm).
NATIONAL CATEGORICAL 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) and which are defined in 40 CFR Chapter
1, Subchapter N, Parts 405-471.
NEW SOURCE
Any building, structure, facility, or installation for which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed Categorical Standards
under Section 307(c) of the Act which will be applicable to such source
if such Categorical Standards are thereafter promulgated in accordance
with that section. Determination of the applicability of new source
standards shall be made as provided in the Act and 40 CFR Section
403.3.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his agent.
PASS THROUGH
Discharge through the EVSTP which exists in quantities or
concentrations, alone or with discharges from other sources, which
causes a violation of any condition of the Township's NPDES permit.
[Amended 12-14-2021 by Ord. No. 2021-05]
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the Commonwealth succeeding
to the existing jurisdiction or responsibility of the Department of
Environmental Protection.
PERSON
Any individual, firm, company, partnership, corporation,
association, group or society, including the state and agencies, districts,
commissions and political subdivisions created by or pursuant to state
law and federal agencies, departments or instrumentalities thereof.
pH
The logarithm of the reciprocal of the hydrogen ion concentration
expressed as moles per liter.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
sewage sludge, garbage, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the sewerage system.
The reduction or alteration may be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR Section 403.6(d).
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment,
other than a National Categorical Pretreatment Standard, imposed on
an industrial user.
PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act,
which applies to industrial users. This term includes National Categorical
Pretreatment Standards, prohibited discharge limits, and local discharge
limits.
SANITARY SEWAGE or SEWAGE
The normal waterborne waste from a household, and toilet
wastes from residences, business buildings, institutions, commercial
and industrial establishments.
SEWER SYSTEM
Any pump, pipe, conduit or other equipment, which carries,
and any structure that conveys or treats sanitary sewer, industrial
waste or wastewater.
[Amended 12-14-2021 by Ord. No. 2021-05]
SIGNIFICANT INDUSTRIAL USER
Any industrial user that:
[Amended 12-14-2021 by Ord. No. 2021-05]
A.
Is subject to National Categorical Pretreatment
Standards;
B.
Discharges 10,000 gallons or more per day of
industrial wastewater;
C.
Contributes a waste stream which makes up 5%
or more of the dry weather compatible pollutant capacity of the EVSTP;
or
D.
Has a reasonable potential, as determined by
the Township or EPA, to adversely affect the EVSTP by interference,
pass through of pollutants, sludge contaminations, to endanger collection
system and EVSTP personnel, or to violate any applicable pretreatment
standard.
SIGNIFICANT NONCOMPLIANCE
When a quarterly evaluation of significant violations of
the pretreatment standards, or this article, determines either a chronic
(66% of discharge parameters in violation during a six-month period)
or technical review criteria violations of wastewater discharge limit;
interference or pass through at the EVSTP; a failure to accurately
report noncompliance; a failure to provide, within 30 days after the
due date, reports required by this article; a failure to meet, within
90 days after the scheduled date, a compliance schedule milestone;
which results in the Township taking action to halt a discharge of
pollutants; or which the Township determines will adversely affect
the operation or implementation of the local pretreatment program.
[Amended 12-14-2021 by Ord. No. 2021-05]
SLUG LOAD
Any discharge of wastewater having a concentration of pollutants
or flow greater than five times that of the average twenty-four-hour
discharge from a user, over the immediately preceding calendar quarter,
which is discharged continuously for a period longer than five minutes.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
STANDARD METHODS
The latest edition of "Standard Methods for the Examination
of Water and Wastewater," a manual published by the American Public
Health Association specifying analytical procedures for testing and
analysis of wastewater.
STATE
The Commonwealth of Pennsylvania.
SURCHARGE
An additional charge for the treatment of extra-strength
wastewater in excess of the basic charge for treatment of wastewater.
TECHNICAL REVIEW CRITERIA (TRC) VIOLATION
Any violation of a discharge limit in which 33% or more of
all of the measurements for any pollutant parameter taken during a
six-month period equal or exceed the product of the daily maximum
limit or the average limit multiplied by 1.4 for BOD5 and TSS and 1.2 for all other pollutants.
TOTAL KJELDAHL NITROGEN (TKN)
The sum of the organic nitrogen and ammonia nitrogen present
in wastewater, as measured by standard laboratory procedure as described
in Standard Methods.
TOTAL SUSPENDED SOLIDS (TSS)
The total suspended matter that either floats on the surface
of, or is in suspension in, water or wastewater and is removable by
laboratory filtration as prescribed in Standard Methods.
TOWNSHIP USERS
Potential users of the EVSTP identified on the Capacity Allocation
Exhibit attached hereto as Appendix A, and incorporated herein, other
than the Hankin Group or the successors or assigns of the Hankin Group.
[Amended 12-14-2021 by Ord. No. 2021-05]
TWENTY-FOUR-HOUR COMPOSITE SAMPLE
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples collected at regular intervals
not exceeding one hour, during a twenty-four-hour time span. The sample
may be composited either as a time composite sample (composed of discrete
sample aliquots collected in one container at constant time intervals
providing representative samples irrespective of discharge flow) or
as a flow proportional composite sample (collected either as a constant
sample volume at time intervals proportional to stream flow, or collected
by increasing the volume of each aliquot as the flow increases while
maintaining a constant time interval between aliquots).
USER
Any person who contributes wastewater into the sewerage system.
WASTEWATER
The combined flow of sanitary sewage and industrial wastewater,
together with such quantities of infiltration and inflow as may be
present.
WATER COMPANY
The private water company or the public agency or municipal
authority that provides water service to customers connected to the
sewerage system.