Definitions. 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.
AUTHORITY
The Norristown Municipal Waste Authority which owns and operates
the wastewater collection and treatment system for which this article
shall govern.
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT INDUSTRIAL USER
(1)
If the user is a corporation, a responsible
corporate officer is: 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 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 million
(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 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.
(4)
A duly authorized representative of the individual designated in Subsections
(1) through
(3) above if: the authorization is made in writing by the individual described in Subsection
(1) or
(2); the authorization specifies either an individual or a position having overall responsibility for the overall 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 the written authorization is submitted to the Borough.
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 sewer system.
COMPATIBLE POLLUTANT
A pollutant for which the Borough wastewater treatment plant
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.
CONTRIBUTING MUNICIPALITY
A municipal body which owns and/or operates central collection
sewers which discharge into the Borough wastewater collection and
treatment system.
COOLING WATER
The water discharged from any use, such as air conditioning
or refrigeration, or to which the only pollutant added is heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
ENFORCEMENT RESPONSE PLAN (ERP)
A plan developed by the Borough and Authority which details
the response which will be taken for various violations of these rules
and regulation, a categorical pretreatment standard or any other applicable
law. The ERP is a supplement to this article.
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.
EQUIVALENT DWELLING UNIT (EDU)
Any source of wastewater into the Authority sewer system
which has the following typical wastewater characteristics:
(2)
Ammonia - Nitrogen: 25 mg/l as N.
(5)
Suspended solids: 250 mg/l.
EXISTING SOURCE
Any user of the Authority wastewater collection and treatment
system which commenced operation prior to the publication by the EPA
of proposed categorical pretreatment standards, which will be applicable
to that user after final EPA promulgation of such standards in accordance
with Section 307 of the Act.
GRAB SAMPLE
A sample which is taken from a wastestream on a one-time
basis over a period of time not to exceed 15 minutes with no regard
to the flow in the wastestream.
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
collection 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 the Authority
sewer system.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the wastewater
collection and treatment system treatment processes, operations or
its biosolids processes, use or disposal; and therefore is a cause
of a violation of any requirement of the Authority treatment plant
NPDES permit, including an increase or duration of the violation.
The term includes prevention of biosolids use, biosolids processes
or 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 applicable
to the method of disposal or use employed by the receiving treatment
facility.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1347), and which applies to a specific category
of industrial users.
NEW SOURCE
(1)
Any user of the Authority wastewater collection
and treatment system which commenced operation after the publication
by the EPA of proposed categorical pretreatment standards which will
be applicable to that user after final EPA promulgation of such standards
in accordance with section 307 of the Act, provided that:
(a)
The building, structure, facility or installation
from which the discharge originates is constructed at a site at which
no other source is located; or
(b)
The building, structure, facility or installation
totally replaces the 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.
(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) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3)
Construction of a new source as defined under
this section has commenced if the owner or operator has:
(a)
Any placement, assembly or installation of facilities
or equipment; or
(b)
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; or
(c)
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 period of 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 section.
PASS-THROUGH
A discharge which exits the Authority treatment plant 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 NPDES
permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, any other legal entity or any of their legal representatives,
agents or assigns. The masculine gender shall include the feminine.
The singular shall include the plural where indicated by the context.
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
discharged into water.
PRETREATMENT REQUIREMENTS
The reduction of the amount 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 the Authority wastewater collection and treatment
system. 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 40 CFR Section 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on a user by
the Borough.
PRETREATMENT STANDARDS
Any prohibited discharge standards, categorical pretreatment
standards or local limits.
SIGNIFICANT INDUSTRIAL USER
Any industrial/commercial user of the Authority's or contributing
municipality's wastewater collection system who:
(1)
Is subject to categorical pretreatment standards;
(2)
Discharges an average of 25,000 gallons per
day process wastewater to the Authority collection and treatment system;
(3)
Contributes a process wastestream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the Authority treatment plant;
(4)
Is designated as such by the Authority on the
basis that the user has a reasonable potential for adversely affecting
the operation of the treatment plant, the quality of the biosolids
generated at the Authority treatment system or for violating any pretreatment
standard or requirement.
SIGNIFICANT NONCOMPLIANCE
An industrial user is in significant noncompliance if his
violations meet one or more of the following criteria:
(1)
Chronic violations of wastewater discharge limits,
defined as those in which 66% or more of all the measurements taken
during a six-month period exceed (by any magnitude) the daily maximum
limit or the average limit for the same pollutant parameter;
(2)
Technical review criteria (TRC) violations,
defined as those violations in which 33% or more of all of the measurements
for each pollutant parameter taken during a six-month period equal
or exceed the product of the daily average maximum limit or the average
limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil
and grease, and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment effluent
limit (daily maximum or longer-term average) that the Authority determines
has caused, alone or in combination with other discharges, an interference,
pass-through or upset at the treatment plant (including endangering
the health of Authority personnel or the general public);
(4)
Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare or to the environment
or has resulted in the Borough exercising its emergency authority
under 40 CFR 403 paragraph (f)(1)(vi)(B) to halt or prevent such a
discharge;
(5)
Failure to meet, within 90 days after the scheduled
date, a compliance schedule date or a compliance schedule milestone
contained in a local control mechanism or enforcement action for starting
construction, completing construction or attaining final compliance;
(6)
Failure to accurately report incidents of noncompliance;
or
(7)
Any other violation or group of violations that
the Authority determines will adversely affect the overall implementation
of its industrial pretreatment program.
SLUG DISCHARGE OR SLUG LOAD
Any intentional or accidental discharge at a flow rate or concentration which could cause a violation of any pretreatment standard set forth in accordance with §
258-47A of this article or in Section 403.5 of the General Pretreatment Regulations.
SLUG CONTROL PLAN
All significant industrial users are required to submit to the Authority a slug control plan which meets the criteria set forth in §
258-47G of this article.
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.
SUPERINTENDENT
The person designated by the Authority to supervise the operation
of the treatment system and who is charged with certain duties and
responsibilities by this article, or his duly authorized representative.
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 the Authority collection and treatment system,
including those person(s) who distribute drinking water in the Borough's
service area.
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 collection system.
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 any portion thereof.