Borough of Tullytown, PA General Provisions

To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation.

To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into the receiving waters of the state, or otherwise be incompatible with the publicly owned treatment works.

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

To promote reuse and recycling of industrial wastewater and sludge of the treated wastestream from the publicly owned treatment works.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

To provide for fees for equitable distribution of the cost of operation, maintenance and improvement of the publicly owned treatment works.

(6)

To enable the Lower Bucks County Joint Municipal Authority to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements and any other federal, state or local laws to which the publicly owned treatment works is subject.

This chapter provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nonresidential users and through enforcement activities, requires user reporting, assumes that existing customers' capacities will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This chapter shall apply to the Borough of Tullytown and to persons outside the Borough who are, by contract or agreement with the Borough, users or significant users of the Authority's POTW at Levittown. Except as otherwise provided herein, the Authority shall administer, implement and enforce the provisions of the Authority's resolution.

Nothing contained in this chapter shall be construed as preventing any special agreement or arrangement between the Borough of Tullytown and users within or out of the Borough's jurisdiction, whereby a waste of unusual strength or character may be accepted by the Authority's POTW by special agreement, in writing, executed prior to such acceptance, containing safeguards, limitations and conditions acceptable to the Authority. These special agreements do not pertain to wastes from significant users that are bound by Federal Categorical Pretreatment Standards.

§ 137-2 Administration.

Except as otherwise provided herein, the Authority's managing director shall administer, implement and enforce the provisions of the Authority's resolution. Any powers granted to or other duties imposed upon the Authority's managing director may be delegated by the Authority's managing director to other Authority personnel.

§ 137-3 Definitions; abbreviations.

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

APPLICANT

The user applying for permission to connect to the water and/or sewer system.

APPROVAL AUTHORITY

United States Environmental Protection Agency (EPA).

AUTHORITY

The Lower Bucks County Joint Municipal Authority (LBCJMA), Bucks County, Pennsylvania.

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.

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, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.

BIOCHEMICAL OXYGEN DEMAND (BOD)

A duly authorized representative of the individual designated above if:

(a)

The authorization is made in writing by the individual described above.

(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 or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company.

(c)

The written authorization is submitted to the control authority.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions, five days at 20º C., expressed in terms of weight and concentration, milligrams per liter (mg/l).

BOARD

The appointed officials acting as the governing body of the Authority.

BOROUGH

The Borough of Tullytown.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CONSISTENT REMOVAL

The reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in 40 CFR § 403.7(c)(2).

CONTROL AUTHORITY

The Lower Bucks County Joint Municipal Authority.

COOLING WATER

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

CUSTOMER

The party contracting for water and/or sewer service to a property as herein classified:

A building under one roof owned by one party and used for one business or dwelling unit.

A combination of buildings owned by one party in one common enclosure and used for one business or dwelling unit.

The one side of a double house, having a solid vertical partition wall and used as one dwelling unit.

A building owned by one party having a number of apartments or offices and using in common one hall and one or more means of entrance.

FEDERAL CATEGORICAL PRETREATMENT STANDARD (CATEGORICAL STANDARD)

An industrial, commercial or manufacturing establishment.

(6)

Each dwelling unit, in addition to the first dwelling unit, in a building under one roof, owned by one party, shall be treated and regarded as a separate customer and shall be subject to the rate schedule applicable thereby.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.

Any regulations containing pollutant discharge limitations promulgated by the EPA in accordance with § 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, § 405-71.

GRAB SAMPLE

A sample which is taken from a wastestream on a one-time basis, with no regard to the flow in the wastestream 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, etc.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317), into the POTW.

INDUSTRIAL PRETREATMENT PROGRAM

A program administered by a POTW that meets the criteria established in 40 CFR §§ 403.8 and 403.9, and which has been approved by a regional administrator or state director in accordance with 40 CFR § 403.11.

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to § 402 of the Act (33 U.S.C. §1342).

INDUSTRIAL WASTE

Any solid, liquid or gaseous substance or form of energy rejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sanitary sewage.

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

INTERFERENCE

A discharge which, 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, which contributes to a violation of any requirement of the Authority's 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 SWDA applicable to the method of disposal or use employed by the POTW.

MAY

Permissive by the Authority.

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.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT

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

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

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

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of proposed pretreatment standards under § 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 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.

The production or wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

PRETREATMENT or TREATMENT

Construction on a site at which an existing source is located results in modification rather than a new source if the construction does not create a new building, structure, facility or installation.

NONCONTACT COOLING WATER

The 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 Authority's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, copartnership, firm, company, 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, the singular shall include the plural where indicated by context.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution and indicates the degree of acidity or alkalinity of a substance.

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 and industrial, municipal and agricultural waste discharged into water.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

The reduction of the amount of pollutants, the elimination of pollutants or 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 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 related to pretreatment, other than a Federal Categorical Pretreatment Standard, imposed on an industrial user.

PRETREATMENT STANDARDS

Prohibited discharge standards, Federal Categorical Pretreatment Standards and local limits.

PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances. These prohibitions appear in Article III of this chapter and the Authority's resolution.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works defined by § 212 of the Act (33 U.S.C. § 1292) which is owned, in this instance, by the Authority. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes pipes, sewers and other conveyances only if they convey wastewater to a POTW treatment plant. For the purposes of this chapter, "POTW" shall also include any sewer that conveys wastewater to the POTW from users outside the Authority's sewer service areas, who are, by contract or agreement with the Authority, users of the Authority's POTW. The term also means the municipality as defined in § 502(4) of the Act, which has jurisdiction over the indirect discharges to and discharges from such a treatment works.

QUALIFIED PROFESSIONAL

An individual licensed in the commonwealth.

SANITARY SEWAGE

The wastewater from residential households and toilet facilities from institutions, commercial and industrial establishments.

SEPTIC TANK WASTE

Any waste from campers, trailers, septic tanks and vacuum pump tank trucks, etc.

SHALL

Mandatory by the Authority.

SIGNIFICANT INDUSTRIAL USER (SIU)

Any nonresidential user of the Authority's POTW who:

Is subject to Federal Categorical Pretreatment Standards.

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 wastestream which makes up 5% or more of the average dry weather or organic capacity of the Authority's POTW treatment plant.

Has in its wastes toxic pollutants as defined pursuant to § 307 of the Act or Pennsylvania statutes and rules.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Is designated as such by the Authority, Pennsylvania Department of Environmental Protection (DEP) or the US Environmental Protection Agency (EPA) on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating a pretreatment standard or requirement.

SLUG

Any discharge of water, sewage or waste exceeding a concentration or flow greater than five times that of the average two-hour discharge from the user, which is discharged continuously for a period longer than 15 minutes.

A classification pursuant to the "Standard Industrial Classification Manual," issued by the Executive Office of the President, Office of Management and Budget 1987.

STATE

The Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

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 EPA under provision of the Clean Water Act, § 307(a) or other acts.

US ENVIRONMENTAL PROTECTION AGENCY

The US 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.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

WASTEWATER/WASTESTREAM

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 Authority's 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.

WATER SYSTEM

All facilities for the collection, treatment and distribution of water.

Abbreviations. Abbreviations shall have the following designated meanings:

BOD

Biochemical oxygen demand.

CFR

Code of Federal Regulations.

COD

Chemical oxygen demand.

EPA

Environmental Protection Agency.

gpd

Gallons per day.

Liter.

Milligram.

mg/l

Milligram per liter.

NPDES

National Pollutant Discharge Elimination System.

POTW

Publicly owned treatment works.

RCRA

Resource Conservation and Recovery Act.

SIC

Standard industrial classification.

SWDA

Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.

TSS

Total suspended solids.

USC

United States Code.

§ 137-4 Application for service.

Residential customers desiring to connect to the Authority's water and/or sewer system shall make application for such services on a form provided by the Authority.

Commercial and industrial establishments desiring to and/or already connected and contributing to the Authority's water system shall make written application for such services on a form provided by the Authority. These establishments shall also furnish a detailed description as to type of public building, commercial or industrial establishment to be served, together with a list setting forth the number and type of fixtures served. Such commercial and industrial applicants shall also furnish to the Authority four copies of a detailed plan showing:

The boundaries of his property.

The location within his property of structures to be served.

The location and profile of the services to be installed.

Detail showing the connections to water mains and the arrangement and detail of meter installations.

Commercial and industrial establishments desiring to and/or already connected and contributing to the Authority's sewer system shall make written application for such services on a form provided by the Authority. These establishments may then be issued a wastewater discharge permit upon approval and at the discretion of the Authority. There shall be three classes of wastewater discharge permits:

Significant industrial users. Permit fee: $4,100 per year.

General industrial users. Permit fee: $300 per year.

General oil and grease users. Permit fee: $200 per year.

The permit application shall be accompanied by a permit fee, when submitted to the Authority, as established in the Authority's rate schedule. In support of the application, the user shall submit, in units and terms appropriate for evaluation, information including, but not limited to, the following:

Name, address and location.

SIC number according to the "Standard Industrial Classification Manual," Bureau of the Budget, 1987, as amended.

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

Water usage and disposal.

Time and duration of contribution.

(6)

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(7)

Each product produced by type, amount, process or processes and rate of production.

(8)

Type and amount of any materials processed.

(9)

Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system.

Wastewater constituents and characteristics as determined by a reliable analytical laboratory, sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Clean Water Act and contained in 40 CFR § 136, as amended.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation.

Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards.

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

The following conditions shall apply to this schedule:

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

No increment referred to in Subsection I(1), above, shall exceed nine months.