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.
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 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.
(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 the East Norriton-Plymouth-Whitpain Joint Sewer Authority.
BEST MANAGEMENT PRACTICES (BMPs)
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.
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" 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.
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) of this definition above but otherwise alters, replaces or adds to existing process or production equipment.
(3)
Construction of new source, as defined under Subsection
(1) of this definition, 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 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.
pH
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).
PRETREATMENT or TREATMENT
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 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]
(1)
Except as provided in Subsections
(2) and
(3) of this definition, below,
(a)
All industrial users subject to categorical pretreatment standards;
or
(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 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)).
(2)
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:
(a)
The industrial user, prior to the Joint Sewer Authority's
finding, has consistently complied with all applicable categorical
pretreatment standards and requirements;
(b)
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.
(3)
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.
SIGNIFICANT NONCOMPLIANCE
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:
(1)
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).
(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 the control
authority determines has caused, alone or in combination with other
discharges, interference or pass through (including endangering the
health of Township 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 the control authority'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 the control authority determines
will adversely affect the operation or implementation of the local
pretreatment program.
SLUG LOAD or SLUG
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 the Township's regulations,
prohibited discharge standards in this Part 2, local limits or NPDES
permit conditions.
STATE
State of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
SUPERINTENDENT
The person designated by the control authority to supervise
the operation of the POTW and who is charged with certain duties and
responsibilities by this Part 2 or a duly authorized representative.
SUSPENDED SOLIDS
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.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provisions of Clean Water Act Section 307(a) or other acts.
WASTEWATER
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
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.