Unless the context specifically indicates otherwise,
the following terms and phrases as used in this article 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 A SIGNIFICANT USER[Amended 11-26-2012 by Ord. No. 2012-3]
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 director or highest official appointed or designated to oversee
operations and performance, if the user is a federal, state or local
governmental facility;
D.
The manager of one or more manufacturing, production or operating
facilities, provided 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 ensure 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.
E.
A duly authorized representative of the individual identified
in A through D above, if such representative is responsible for the
overall operation of the facilities from which the indirect discharge
originates and a written request for designation of an alternate representative
is approved by the POTW.
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT INDUSTRIAL USER
A.
If the user is a corporation, a responsible
corporate officer is:
(1)
A president, secretary, treasurer, or 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
(2)
The plant 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 plant manager in accordance with
corporate procedures.
B.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
C.
If the user is a local, state, or federal governmental
agency: a director or highest appointed official designated to oversee
the operation and performance activities of the facility, or their
designee.
D.
A duly authorized representative of the individual designated in Subsections
A through
C above if:
(1)
The authorization is made in writing by the individual described in Subsection
A or
B;
(2)
The authorization specifies either an individual
or a position having overall responsibility for the operation of the
facility from which the industrial discharge originates, such as the
position of plant manager, or a position of equivalent responsibility,
or having overall responsibility for environmental matters for the
company; and
(3)
The written authorization is submitted to the
Township.
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) and §
124-8 of this chapter. 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 11-26-2012 by Ord.
No. 2012-3]
BIOCHEMICAL OXYGEN DEMAND (BOD5)
The quantity of oxygen consumed in the biochemical oxidation
of organic matter under the standard five-day laboratory procedure,
at 20° Celsius, expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
COMPATIBLE POLLUTANT
A pollutant for which any POTW was specifically designed
to treat and remove such as biochemical oxygen demand (BOD5), total suspended solids (TSS), ammonia nitrogen (NH3-N), total phosphorus (P), and to a lesser degree oil
and grease.
CONTROL AUTHORITY
The manager or any other authorized official of any POTW
having an approved pre-treatment program under the provisions of 40
CFR 403.11.
DEP
The Pennsylvania Department of Environmental Protection,
or, where appropriate, the term may also be used as a designation
for the Secretary or other duly authorized official of said agency.
ENFORCEMENT RESPONSE PLAN (ERP)
A plan developed by a POTW which details the responses that
will be taken by the POTW for various violations of this article,
a categorical pre-treatment standard, or any other pre-treatment requirement.
The ERP is a supplement to this article and is available through the
Township or POTW.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The U.S. 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.
EQUIVALENT DWELLING UNIT (EDU)
Any source of wastewater into any sewer system within the
Township which has the following typical wastewater characteristics:
Flow
|
275 gpd
|
---|
Ammonia-nitrogen, as N (NH3-N)
|
25 mg/l
|
Biochemical oxygen demand (BOD5)
|
250 mg/l
|
Phosphorous, as P
|
10 mg/l
|
Total suspended solids (TSS)
|
250 mg/l
|
Total Kjeldahl nitrogen (TKN)
|
40 mg/l
|
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
standards, which will be applicable to such source if the standard
is thereafter promulgated in accordance with Section 307 of the Act.
[Amended 11-26-2012 by Ord. No. 2012-3]
GRAB SAMPLE
A sample that is taken from a waste stream on a one-time
basis over a period of time not to exceed 15 minutes, with no regard
to the flow in the waste stream. To fulfill EPA’s General Pretreatment
Regulations, all grab samples taken pursuant to this article shall
consist of a minimum of four samples taken individually and flow composited
in the laboratory, or analyzed separately and averaged.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants
into the sewer system, including holding tank waste discharged into
the system as outlined in 40 CFR 403.31 (g) and Sections 307(b), (c),
and (d) of the Act.
INDUSTRIAL USER
Any nondomestic source of indirect discharge to any sewer
system serving the Township.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the sewer system
treatment processes, operations, or its biosolids processes, use or
disposal; and therefore is a cause of a violation of any requirement
of a POTW NPDES permit. The term includes prevention of biosolids
use, processing, and disposal by the receiving treatment facility
in accordance with Section 405 of the Act (33 U.S.C. § 1345)
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 biosolids management plan prepared pursuant
to Title IV of SWDA and applicable to the method of disposal or use
employed by the receiving treatment facility.
MANAGER
The person designated by any POTW to supervise the overall
operation of the treatment system and who is charged with certain
duties and responsibilities by this article, or his duly authorized
representative.
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 pre-treatment 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:
[Amended 11-26-2012 by Ord. No. 2012-3]
A.
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
B.
The building, structure, facility or installation totally replaced
the process or production equipment that causes the discharge of pollutants
at an existing source; or
C.
The production or wastewater generating processes 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.
NONCONTACT COOLING WATER
Water used for cooling purposes which does not come into
direct contact with any raw material, intermediate product, waste
product, or finished product.
PASS-THROUGH
A discharge that 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 a violation).
pH
A measure of the acidity or alkalinity of a solution expressed
in standard units.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, biosolids, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste
discharge into any sewer system serving the Township.
PRE-TREATMENT or TREATMENT
The reduction of the quantity of pollutants, the elimination
of pollutants, the alteration of the nature 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 any sewer system serving the Township.
The reduction or alteration can be obtained by physical, chemical,
or biological processes, or by process changes, or by other means,
except as prohibited by CFR Section 403.6(d).
PRE-TREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pre-treatment
including those promulgated by the EPA under the Act, and those established
by any POTW.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works (serving the Township, such as the Pennridge
Wastewater Treatment Authority plant and the Telford Borough Authority
plant) as defined by Section 212 of the Act (33 U.S.C. § 1292).
This definition includes any sewers that convey wastewater to a POTW
plant, but does not include pipes, sewers, or other conveyances not
connected to a facility providing treatment.
SIGNIFICANT INDUSTRIAL USER
Any nondomestic user of any sewer system serving the Township
who:
A.
Is subject to categorical pre-treatment standards;
B.
Discharges an average of 25,000 gallons per
day process wastewater to any sewer system serving the Township;
C.
Contributes a process waste stream that makes
up 5% or more of the average dry weather hydraulic or organic capacity
of a POTW;
D.
Is designated as such by the Township on the
basis that the user has a reasonable potential for adversely affecting
the operation of any POTW, the quality of the biosolids generated
at any POTW, or for violating any pre-treatment standard or requirement.
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 meet one or more
of the following criteria:
[Amended 11-26-2012 by Ord. No. 2012-3]
A.
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 pre-treatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1).
B.
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 equals or exceeds the
product of the numeric pre-treatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by
the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
C.
Any other violation of a pre-treatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit or narrative standard) that the POTW determines has caused,
alone or in combination with other discharges, interference or pass
through (including endangering the health of municipal personnel or
the general public);
D.
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment, or has resulted
in the POTW's exercise of its emergency authority to halt or prevent
such a discharge;
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a Wastewater Contribution Permit or
enforcement order for starting construction, completing construction,
or attaining final compliance;
F.
Failure to provide within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pre-treatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include violation of Best
Management Practices, which the POTW determines will adversely affect
the operation or implementation of the local pre-treatment program.
SLUG CONTROL PLAN
All significant industrial users are required to submit to the appropriate POTW a slug control plan that meets the criteria set forth in §
124-8F of this article.
SLUG DISCHARGE/SLUG LOAD
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) or §
124-8 of this chapter and/or any discharge of non-routine 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 POTW's prohibited discharge standards, local limits, NPDES permit conditions or any other condition of its rules and regulations.
[Amended 11-26-2012 by Ord. No. 2012-3]
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
Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
TOTAL SUSPENDED SOLIDS (TSS)
The total suspended matter that floats on the surface or
is suspended in water, wastewater, or other liquids, and which is
measured by laboratory filtering.
TOWNSHIP
Township of Hilltown, a municipal corporation located in
Bucks County, Pennsylvania.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
Clean Water Act, or other acts promulgated by the federal or state
governments.
USER
Any person who contributes, causes, or permits the contribution
of wastewater into any sewer system serving the Township.
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 sewer system.
WASTEWATER COLLECTION AND TREATMENT (SEWER) SYSTEM
All collection and transportation lines and/or facilities
of the Hilltown Township Water and Sewer Authority, Telford Borough
Authority, Perkasie Borough Authority and/or any other duly authorized
provider of sewer service located within the geographic boundaries
of Hilltown Township.
WATERS OF THE STATE
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 the state or any portion thereof.
The following abbreviations shall have the designated
meanings:
BOD5
|
Biochemical oxygen demand
|
CFR
|
Code of Federal Regulations
|
COD
|
Chemical oxygen demand
|
CWA
|
Clean Water Act
|
DEP
|
Department of Environmental Protection
|
EPA
|
U.S. Environmental Protection Agency
|
mg/l
|
Milligrams per liter
|
NH3-N
|
Ammonia nitrogen, as N
|
NPDES
|
National Pollutant Discharge Elimination System
|
O&M
|
Operation & maintenance
|
POTW
|
Publicly owned treatment works
|
PWTA
|
Pennridge Wastewater Treatment Authority
|
SIC
|
Standard industrial classification
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
|
TKN
|
Total Kjeldahl nitrogen
|
TSS
|
Total suspended solids
|
U.S.C.
|
United States Code
|
[Added 11-26-2012 by Ord.
No. 2012-3]
Wastewater samples collected to comply with any provision of
this article shall meet the following requirements:
A. Samples shall be collected using twenty-four-hour flow proportional
composite collection techniques. In the event that flow proportional
composite sampling is not warranted in the opinion of the POTW, the
POTW may authorize the use of time proportional composite sampling
or grab sampling. Where time proportional composite sampling or grab
sampling are authorized by the POTW, the samples must be representative
of the discharge and the POTW will solely determine the number of
grab samples required.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using standard grab
collection techniques.
C. The POTW may allow multiple grab samples collected during a twenty-four-hour
time period for certain parameters to be composited in the field or
in the laboratory prior to analysis if proper protocols specified
in 40 CFR Part 136 and appropriate EPA guidance documents are followed.
For cyanide, total phenols and sulfides, the samples may be composited
in the laboratory or in the field. For volatile organics and oil and
grease, the samples may be composited in the laboratory. Composite
samples for other parameters unaffected by the compositing procedures
as documented in approved EPA methodologies may be authorized by the
POTW, as appropriate.
D. Sampling techniques prescribed in 40 CFR Part 136, as amended, shall
be followed.
E. The POTW shall be notified a minimum of 48 hours prior to the collection
of a sample(s) by a user and may observe the collection of any sample.
F. If a user does not follow proper sample collection protocols and/or
techniques, all samples collected inappropriately shall be discarded
and re-collected at the sole expense of the user.
G. Sampling facilities shall be properly operated, kept clean, and maintained
in good working order at all times. The failure of a user to keep
its sampling location or facility in good working order shall not
be grounds for the user to claim that sample results are unrepresentative
of its discharge.
H. All sampling locations utilized to meet the discharge monitoring
provisions of this chapter shall be approved by the POTW.
I. All samples collected to meet the provisions of the federal pre-treatment
regulations or this chapter shall be representative of the user's
wastewater discharge.
[Added 11-26-2012 by Ord.
No. 2012-3]
Wastewater pollutant analyses completed to comply with any provision
of this article shall meet the following requirements:
A. All pollutant analyses shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified
in an applicable categorical standard. If 40 CFR Part 136 does not
contain analytical techniques for the pollutant in question, analyses
must be performed in accordance with procedures approved by the administrator.
B. The user shall provide the POTW with the name, address and telephone
number of any contract laboratory intended to be utilized for pollutant
analyses at least 48 hours prior to the collection of any samples.
The POTW may recommend the use of an alternate contract laboratory.
C. Copies of laboratory analysis results shall be forwarded to the user
and the POTW simultaneously.
D. Laboratory analysis results obtained by a user following improper
protocols or deemed technically deficient by the POTW shall be discarded
and samples shall be re-analyzed at the sole expense of the user.