Unless the context specifically indicates otherwise,
the following terms and phrases as used in this Part 1 shall have
the meanings hereinafter designated:
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.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL, COMMERCIAL, INSTITUTIONAL
OR SIGNIFICANT INDUSTRIAL USER
(1)
If the user is a corporation:
(a)
The president, secretary, treasurer or a vice
president 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; or
(b)
The manager of one or more manufacturing, production
or operating facilities, provided that the manager is authorized to
make management decisions which govern the operation of the regulated
facility, including having the explicit or implicit duty of making
major capital investment recommendations, and 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 taken to gather complete and accurate
information for control mechanism requirements; and where authority
to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
[Amended 4-3-2012 by Ord. No. 155-8]
(2)
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
(3)
If the user is a federal, state or local facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
(4)
The individuals described in Subsections
(1) through
(3) of this definition, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to Ambler Wastewater Treatment Plant.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the general and specific prohibitions found in 40 CFR 403.5(a)(1) and (b) and Chapter
122 of the Township Code. 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 4-3-2012 by Ord. No. 155-8]
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to the POTW.
CATEGORICAL STANDARDS
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 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 to 471.
CONTROL AUTHORITY
Refers to the Manager, as Ambler has an approved pretreatment
program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the water of the Commonwealth of Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY (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 said agency.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time
basis, with no regard to the flow in the waste stream and without
consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants into the
POTW, including holding tank waste discharged into the system.
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, use or
disposal and, therefore, is a cause of a violation of Ambler Wastewater
Treatment Plant's NPDES permit or of the prevention of sewage sludge
use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder or any more stringent state
or local regulations: Section 405 of the act; the Solid Waste Disposal
Act, including Title II, commonly referred to as the "Resource Conservation
and Recovery Act (RCRA)"; any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research and Sanctuaries Act.
MANAGER
The person designated by Ambler to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this Part 1, or his duly authorized representative.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
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;
(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 process
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 integrated with the existing plant and
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 a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection
(1)(b) or
(c) above but otherwise alters, replaces or adds to existing process or production equipment.
(3)
Construction of 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 the placement, assembly or installation
of new source facilities or equipment.
(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 for feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
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, is a cause of a
violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude of duration of violation).
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, 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 logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, municipal, agricultural and industrial wastes and
certain characteristics of wastewater (e.g., temperature, TSS, 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 TREATMENT PLANT
That portion of the POTW owned by the Borough of Ambler and
operated by the Borough of Ambler in participation with the Townships
of Lower Gwynedd, Upper Dublin, Whitemarsh and Whitpain, which is
designed to provide treatment to wastewater from each participating
municipality.
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, introducing such pollutants
into the POTW. This 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
other than a National pretreatment standard imposed on an industrial
user.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the act (33 U.S.C. § 1292) which is owned by Ambler and operated for the benefit of Ambler and for the areas of the Townships of Lower Gwynedd, Upper Dublin, Whitpain and Whitemarsh served by the POTW pursuant to an agreement between and among said municipalities dated December 16, 1959, as amended by several subsequent agreements. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Part
1, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons inside or outside Ambler and/or the Townships who are users of the POTW.
SIGNIFICANT INDUSTRIAL USER
(1)
Except as provided in Subsection
(1)(b) of this definition:
(a)
All industrial users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N; and
(b)
Any other industrial user that discharges an
average of 25,000 gallons per day or more of process wastewater to
the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater); contributes a process waste stream which makes up 5%
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plan; or is designated as such by the Borough on
the basis that the industrial user has a reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement [in accordance with 40 CFR 403.8(f)(6)].
[Amended 4-3-2012 by Ord. No. 155-8]
(2)
Upon finding that an industrial user meeting the criteria in Subsection
(1)(b) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Borough may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a "significant industrial user."
[Amended 4-3-2012 by Ord. No. 155-8]
SIGNIFICANT NONCOMPLIANCE (SNC)
An industrial user or 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, a user
is in significant noncompliance if its violations meets one or more
of the following criteria:
[Added 4-3-2012 by Ord. No. 155-8]
(1)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of wastewater measurements taken for
each pollutant parameter during a six-month period exceed (by any
magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(l);
(2)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of wastewater measurements taken for each
six-month period equal or exceed the product of the numeric pretreatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(l) multiplied by the applicable criterion (1.4 for
BOD, CBOD, 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 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous
limit or narrative standard) that Ambler determines has caused, alone
or in combination with other discharges, interference or pass-through
(including endangering the health of Ambler Wastewater Treatment Plant
personnel or the general public);
(4)
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment or has resulted
in Ambler's exercise of its emergency authority to halt or prevent
such a discharge;
(5)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater 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, 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; or
(8)
Any other violation(s), which may include violation of best
management practices, which Ambler determines will adversely affect
the operation or implementation of the local pretreatment program.
SLUG DISCHARGE
Any pollutant released in a discharge at a flow rate or concentration
which will cause a violation of the specific discharge prohibitions
in 40 CFR 403.5(b) and/or any discharge of nonroutine nature, episodic
nature, including but not limited to accidental spills or noncustomary
batch discharges, which has a reasonable potential to cause interference
or pass-through, or in any other way violate Ambler's regulations,
prohibited discharge standards in this Part, local limits or NPDES
permit conditions.
[Amended 4-3-2012 by Ord. No. 155-8]
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.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUPERINTENDENT
The person designated by Ambler to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this Part 1 or a duly authorized representative.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquids and which is removable
by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provision of CWA 307(a) or other acts.
USER
Any person who contributes, causes or permits the contribution
of 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.
WATERS OF THE STATE
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 state or any portion thereof.