Township of Whitpain, PA General Provisions

To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge at the POTW(s) servicing the Township.

To prevent the introduction of pollutants into the municipal wastewater system which will pass, inadequately treated, through the system into receiving waters or the atmosphere or otherwise be incompatible with the system.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL, COMMERCIAL, INSTITUTIONAL OR SIGNIFICANT INDUSTRIAL USER

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

[Amended 5-18-2011 by Ord. No. 155-7]

(4)

To provide for equitable distribution of the cost of operating the wastewater system.

(5)

To protect the general public and treatment works personnel who may be affected by wastewater and sludge in the course of their employment.

(6)

To enable the East Norriton-Plymouth-Whitpain Joint Sewer Authority to comply with its National Pollution Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the treatment works is subject; and to empower the treatment works to enforce penalties against violators as required by its Enforcement Response Guide and by federal and state law.

This Part 2 provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users; authorizes monitoring and enforcement activities; requires user reporting; assumes that existing customers' capacity will not be preempted; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This Part 2 shall apply to the persons in the Township and to persons outside the Township who are users or significant users of the Township collection system and East Norriton-Plymouth-Whitpain Joint Sewer Authority POTW. Except as otherwise provided herein, the East Norriton-Plymouth-Whitpain Joint Sewer Authority, with notification to the respective townships, shall administer, implement, and enforce the provisions of this Part 2.

[Amended 5-18-2011 by Ord. No. 155-7]

§ 122-29 Definitions and word usage. [1]

Unless the context specifically indicates otherwise, the following terms and phrases as used in this Part 2 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.

APPROVAL AUTHORITY

The Regional Administrator of EPA.

If the user is a corporation:

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

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 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

BEST MANAGEMENT PRACTICES (BMPs)

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 the East Norriton-Plymouth-Whitpain Joint Sewer Authority.

Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). 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.

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 or CATEGORICAL PRETREATMENT STANDARDS

Any regulation, heretofore or hereafter adopted by the United States Environmental Protection Agency, containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.

[Amended 5-18-2011 by Ord. No. 155-7]

CONTROL AUTHORITY

Refers to the East Norriton-Plymouth-Whitpain Joint Sewer Authority (hereinafter "Joint Sewer Authority," also referred to as the "POTW").

CONVENTIONAL POLLUTANT

A water pollutant that is amenable to treatment by a municipal wastewater treatment plant. These pollutants consist of, but are not limited to, biochemical oxygen demand (BOD), total suspended solids (TSS), oil and grease, pH, ammonia and phosphorous.

[Added 5-18-2011 by Ord. No. 155-7]

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat.

[Amended 5-18-2011 by Ord. No. 155-7]

DAILY MAXIMUM

The arithmetic average of all effluent samples for a pollutant collected during a calendar day or twenty-four-hour period.

[Added 5-18-2011 by Ord. No. 155-7]

DAILY MAXIMUM LIMIT

The maximum allowable discharge limit of a pollutant during a calendar day or twenty-four-hour period. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

[Added 5-18-2011 by Ord. No. 155-7]

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State 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 grab sample is an individual sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream. These samples must be collected over a period of time not exceeding 15 minutes. A grab sample shows the waste stream characteristics at the time the sample is taken.

[Amended 5-18-2011 by Ord. No. 155-7]

INDIRECT DISCHARGE OR DISCHARGE

The discharge or the introduction of pollutants into the collection system from any nondomestic source regulated under Section 307(b), (c) or (d) of the act.

INDUSTRIAL, COMMERCIAL OR INSTITUTIONAL USER

An industrial, commercial or institutional source of indirect discharge.

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 composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INDUSTRIAL WASTE

Shall have the meaning ascribed to it in the act of June 22, 1937, (P.L. 1987, No. 394) known as the "Clean Stream Law"[2] and the regulations adopted thereunder.

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 the receiving treatment facility'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.

LOCAL LIMIT

Specific discharge limits developed and enforced by the Joint Sewer Authority upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) or § 122-30 of this chapter.

[Added 5-18-2011 by Ord. No. 155-7]

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.[3]

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to Section 402 of the act (33 U.S.C. § 1342).

NATIONAL PROHIBITED DISCHARGE STANDARDS

Any regulation developed under the authority of 307(b) of the Act and contained in 40 CFR § 403.5(a) and (b).

[Amended 5-18-2011 by Ord. No. 155-7]

NEW SOURCE

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:

The building, structure, facility or installation is constructed at a site at which no other source is located;

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.

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) of this definition above but otherwise alters, replaces or adds to existing process or production equipment.

Construction of new source, as defined under Subsection (1) of this definition, has commenced if the owner or operator has:

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.

PRETREATMENT or TREATMENT

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 or duration of violation.

[Amended 5-18-2011 by Ord. No. 155-7]

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.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, expressed in standard units.

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).

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.

PRETREATMENT STANDARDS or STANDARDS

Prohibited discharge standards, categorical pretreatment standards and local limits.

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 the East Norriton-Plymouth-Whitpain Joint Sewer Authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SIGNIFICANT INDUSTRIAL USER

[Amended 5-18-2011 by Ord. No. 155-7]

Except as provided in Subsections (2) and (3) of this definition, below,

All industrial users subject to categorical pretreatment standards; or

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 plant; or is designated as such by the Joint Sewer Authority on the basis that it 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)).

The Joint Sewer Authority may determine that an industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N, is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharged more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

The industrial user, prior to the Joint Sewer Authority's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

The industrial user annually submits the certification statement required in 40 CFR 403.12(q) together with any additional information necessary to support the certification statement; and

(c)

The industrial user never discharges any untreated concentrated wastewater.

SIGNIFICANT NONCOMPLIANCE

Upon a finding that an industrial user meeting the criteria in Subsection (1)(b) of this definition, above, has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standards or requirement, the Joint Sewer Authority 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.

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:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken 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(1).

TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a sixnt parameter during a six -month period equals or exceeds 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);