Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Article
III, shall have the meanings hereinafter designated, and if no definition is set forth in Article
III, the definition provided in Article
II shall apply:
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.
APPROVAL AUTHORITY
The director in an NPDES state with an approved state pretreatment
program and the administrator of the EPA in a non-NPDES state or an
NPDES state without an approved state pretreatment program.
AUTHORITY
Hatfield Township Municipal Authority.
AUTHORIZED REPRESENTATIVE
An authorized representative of an industrial, commercial,
institutional, or significant industrial user may be:
(1)
If the user is a corporation:
(a)
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 decisionmaking functions for the corporation; or
(b)
The manager of one or more manufacturing, production, or operating
facilities, provided that the manager is authorized to make management
decisions that govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations; can initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions are taken to gather complete and accurate information for
individual wastewater discharge requirements; and has been assigned
or delegated the authority to sign documents in accordance with corporate
procedures;
(2)
A general partner or a proprietor if the industrial user is
a partnership or a proprietorship, respectively;
(3)
A duly authorized representative of the individual designated in Subsection
(1) or
(2) above if:
(a)
The authorization is made in writing by the individual described in Subsection
(1)(a);
(b)
The authorization specifies either an individual or a 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 the Authority;
(4)
If the industrial user is a federal, state or local governmental
facility, an authorized representative shall mean a director or highest
official appointed or designated to oversee the operation and performance
of the activities of the government facility, or his/her designee.
BASELINE MONITORING REPORT (BMR)
Report required for users subject to federal categorical
standards to be completed within 180 days after the effective date
for existing sources of discharge and to be completed 90 days prior
to discharging for new sources of discharge.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §
224-21. Best management practices 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. Best management practices also include alternative means (i.e., management plans) of complying with or in place of certain established categorical pretreatment standards and effluent limits.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
CATEGORICAL PRETREATMENT STANDARDS
Technology-based national categorical pretreatment standards
or pretreatment standards promulgated by the EPA for a major category
of industrial users.
COLOR
The optical density at the visual wavelength of maximum absorption,
relative to distilled water. One-hundred-percent transmittance is
equivalent to zero optical density.
COMBINED WASTE STREAM
The sum total of all wastewater discharges from any facility
resulting from domestic and nondomestic uses.
COMPOSITE SAMPLE
The combination of individual samples obtained at regular
intervals over a period of time. Either the volume of each individual
sample is proportional to discharge flow rates or the sampling interval
(for constant volume samples) is proportional to the flow rates over
the time period used to produce the composite. The maximum time period
between individual samples shall not exceed two hours.
COOLING WATER
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which heat is added. Cooling water
includes contact cooling water, which is water for cooling that comes
into direct contact with raw materials, intermediate products, waste
products, or finished products, and noncontact cooling water, which
is water used for cooling that does not come into direct contact with
any raw material, intermediate product, waste product, or finished
product.
DAILY MAXIMUM LIMIT
The arithmetic average of all effluent samples for a pollutant
collected during a continuous period of 24 hours.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
ENFORCEMENT RESPONSE PLAN
The plan developed by the Authority, pursuant to 40 CFR 403,
to address any activities by any user inconsistent with the provisions
of this article.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the administrator
or other duly authorized official of the EPA.
GRAB SAMPLE
The sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and collected
over a period of time not exceeding 15 minutes but shall reasonably
represent actual discharge conditions at that time.
HOLDING TANK WASTE
Any waste originating from a holding tank that does not include
a drain field and must be frequently emptied (i.e., retention tanks,
chemical toilets, camper/trailer tanks). This includes waste of domestic
origin only.
INDIRECT DISCHARGE or DISCHARGE
The discharge or the introduction of nondomestic pollutants
from any source into the POTW, including holding tank waste discharged
into the system.
INDUSTRIAL USER
Any person who introduces pollutants into a POTW from any
nonresidential source regulated under the Act, state law, or local
ordinance.
INSTANTANEOUS LIMIT
The maximum concentration (or loading) 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.
INTERFERENCE
A discharge that, alone or in conjunction with a discharge
or discharges from other sources, both causes the inhibition or disruption
of the POTW treatment processes or operations, or its sludge processes,
use or disposal, and which contributes to a violation of any requirements
of the POTWs NPDES permit (including an increase in the magnitude
or duration of a violation). The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with § 405
of the Act (33 U.S.C. § 1345) or any criteria, guidelines
or regulations developed pursuant to the Solid 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 the SWDA, applicable to the method of disposal or use employed
by the POTW.
LOCAL LIMIT
Specific discharge limits developed and enforced by the Authority
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
MONTHLY AVERAGE LIMIT
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
PASS THROUGH
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, are a cause of
a violation of any requirements of the POTWs NPDES permit, including
an increase in the magnitude or duration of a violation.
PERMIT
Written permission by the Authority for nonresidential wastewater
discharge to the POTW.
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. The masculine gender shall include the feminine,
and the singular shall include the plural where indicated by the context.
pH
The measure of the intensity of the acidic or alkaline character
of a material, liquid or solid. pH is represented on a scale of zero
to 14, with seven representing a neutral state, zero representing
the most acidic, and 14 representing the most alkaline.
POLLUTANT
Any dredged soil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal, commercial, and agricultural
waste or any other contaminant discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of 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 a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement imposed on a user
related to pretreatment other than a pretreatment standard.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, 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, excluding sanitary wastes, noncontact cooling water,
and boiler blowdown.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by § 212 of the Act
(33 U.S.C. § 1292), which is owned in this instance by the
Township and operated by the Authority. This definition includes any
portion of the sewer system that conveys wastewater to the POTW treatment
plant. For the purposes of this article, "POTW" shall also include
any sewer facilities that convey wastewaters to the POTW from persons
outside the Township who are, by contract or agreement with the Township,
users of the POTW.
SEPTIC TANK WASTE
Any waste originating from a functional or nonfunctional
septic tank with an accompanying drain field or any waste taken from
such a drain field; includes waste of domestic origin only.
SEWER SYSTEM
For purposes of this Article
III, the definition of "sewer system" in Article
II is amended to include sewer facilities other than those owned by the Authority or the Township which connect into the Authority- or Township-owned sewer system.
SIGNIFICANT INDUSTRIAL USER
All users with discharges subject to categorical pretreatment
standards and all noncategorical dischargers that, in the opinion
of the Authority, have a reasonable potential to adversely affect
the POTWs operation or that contribute a process waste stream which
makes up 5% or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant or that discharge an average
of 25,000 gallons per day or more of process wastewater to the POTW.
SIGNIFICANT NONCOMPLIANCE
An industrial user is in significant noncompliance if its
violation meets one or more of the specific criteria set forth in
40 CFR 403.8(f)(2)(viii). For purposes of this definition, an industrial
user is in significant noncompliance if its violation meets one or
more of the following criteria:
(1)
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §
224-21;
(2)
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by §
224-21, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement, as defined by §
224-21 of this article (daily maximum, long-term average, instantaneous limit, or narrative standard), that the Authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(4)
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment or has resulted in the Authority's
exercise of its emergency authority under of this article to halt
or prevent such a discharge;
(5)
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in this article, a wastewater discharge
permit or in an enforcement order;
(6)
Failure to provide, within 45 days after the due date, required
reports, such as baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance;
(8)
Any other violation or group of violations, which may include
a violation of BMPs, which the Authority determines will adversely
effect the operation or implementation of the local pretreatment program.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §
224-21 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violates the Authority's and/or POTWs regulations, local limits or permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, as amended.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
TOTAL SUSPENDED SOLIDS
A laboratory measurement of the total suspended matter that
floats on the surface of or is suspended in water, wastewater or other
liquids.
TOWNSHIP
Hatfield Township or the Board of Commissioners of Hatfield
Township.
TOWNSHIP MANAGER
The person designated by the Township who is charged with
certain duties and responsibilities by this article or his or her
duly authorized representative.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
(including liquids, solids and gases) from dwellings, commercial buildings,
industrial facilities and institutions, together with any other waters
which may be present, whether treated or untreated, which are discharged
into or permitted to enter the POTW.
WATERS OF THE COMMONWEALTH
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon Pennsylvania or any portion thereof.
This includes the floodplain of free-flowing waters determined by
the Department of Environmental Protection on the basis of one-hundred-year
flood frequency. This does not include those waters or waterways designed
and used to collect, convey, or dispose of sanitary sewage.