The following words, terms and phrases will hereinafter
have the meanings set forth in this section, unless the context clearly
requires a different meaning:
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 Municipal Authority of the Borough of Punxsutawney, an
authority of the Municipality Authorities Act of 1945, as amended
and supplemented.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
In the case of a corporation, a president, vice
president, secretary or treasurer of the corporation in charge of
a principal business function.
(2)
In the case of a partnership or proprietorship,
a general partner or proprietor.
(3)
In the case of a governmental entity, charitable
organization or other such unincorporated entity, a principal executive
officer or director having responsibility for the overall operation
of the discharging facility.
(4)
An authorized representative of the individuals
designated above if:
(a)
Such representative is responsible for the overall
operation of the facilities from which the discharge into the POTW
originates;
(b)
The authorization is in writing; and
(c)
The written authorization is submitted to the
POTW.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
BOROUGH
The Borough of Punxsutawney, Jefferson County, Pennsylvania,
a municipal corporation existing under the laws of the Commonwealth
of Pennsylvania.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to the sewer system.
BYPASS
The intentional diversion of wastewater from any portion
of an industrial user's pretreatment facility through which the wastewater
normally passes.
CHAIN OF CUSTODY
A record of sample collection indicating the place and time
of collection and the person collecting the sample. It shall also
include a record of each person involved in possession of the sample,
including the laboratory person who takes final possession of the
sample for the purpose of analysis.
CLEAN STREAMS LAW
The Act of June 22, 1937, P.L. 1987, as amended and reenacted
by the Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1
through 691.702.
COLOR
Color of light transmitted through a waste after removal
of all suspended matter, including pseudo-colloidal particles, and
measured in platinum-cobalt units.
COMBINED WASTE FORMULA
A procedure for calculating discharge concentrations of constituents
of industrial waste, as further defined in 40 CFR 403.6(e).
COMPLIANCE
Adherence to conditions or requirements of this Part 4 or
the industrial pretreatment program, any written directions issued
by the Borough or any wastewater discharge permit or other permit
issued under the provisions of this Part 4.
COMPOSITE SAMPLE
A sample composed of individual subsamples taken at regular
intervals over a specified period of time. Subsamples may be proportioned
by time interval or size according to flow (flow-proportioned composite
sample) or be of equal size and taken at equal time intervals (equal-time
composite sample).
CONTROL AUTHORITY
Refers to the approval authority, defined hereinabove, or
the pretreatment officer of the Borough or his or her supervisor or
the Borough Council.
COOLING WATER
The water from any use such as air conditioning, cooling
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.
DISCHARGE
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act.
DOMESTIC WASTES
Normal household wastes from kitchens, water closets, lavatories
and laundries, or any waste from a similar source and possessing the
same characteristics.
ENFORCEMENT RESPONSE PLAN
A plan and guide developed pursuant to 40 CFR 403.8(f)(5)
providing for the enforcement of the industrial pretreatment program.
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.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
GARBAGE
Solid or semisolid wastes resulting from preparation, cooking
and dispensing of food and from handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
GROUNDWATER
Water which is contained in or passing through the ground.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
INDUSTRIAL PRETREATMENT PROGRAM
The sum of the provisions of this Part 4, amendments thereto
and any activities authorized by this Part 4 as regards the regulation
and control of industrial users.
INDUSTRIAL USER
Any person who introduces pollutants into a POTW from any
nondomestic source regulated under the Act, state law or local ordinance.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance or form of energy
which is produced as a result, whether directly or indirectly, of
any industrial, manufacturing, trade or business process or activity,
or in the course of developing, recovering or processing of natural
resources, but not sanitary sewage.
INTERFERENCE
Any discharge which, alone or in conjunction with a discharge
or discharges from other sources:
(1)
Inhibits or disrupts the processes or operations
of the sewage treatment plant or the sewage collection system, or
sludge processes, use or disposal; or
(2)
Is a cause of a violation of any requirement
of the Borough's NPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations): Article 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) [including Title II, more commonly referred
to as the Resource Conservation and Recovery Act (RCRA), and including
state regulations contained in any state sludge management plan prepared
pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic
Substances Control Act and the Marine Protection, Research and Sanctuaries
Act; or which results in or increases the severity of a violation
of other state or national environmental statutes, rules or regulations.
LOCAL LIMITS
Numerical limitations on the concentration, mass or other
characteristics of wastes or pollutants discharged or likely to be
discharged by industrial users, and which are developed by the Borough.
MANHOLE
A structure allowing access from the surface of the ground
to a sewer.
MG/L
Milligrams per liter; a measure of concentration of waterborne
substances.
MONTHLY AVERAGE
The arithmetic mean of all daily determinations of concentration
made during a calendar month.
MUNICIPALITY
The Borough of Punxsutawney, Jefferson County, Pennsylvania,
a municipal corporation existing under the laws of the Commonwealth
of Pennsylvania.
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. § 1317) which applies to a specific category of industrial
users. National Categorical Pretreatment Standards are enumerated
in 40 CFR, Chapter I, Subchapter N, Parts 405 through 471.
NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
NATIONAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA under Sections 307(b) and (c) of the Clean Water Act (CWA)
applicable to industrial users (IUs), including the general and specific
prohibitions found in 40 CFR 403.5.
NEW SOURCE
Any building, structure, facility or installation for which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed categorical standards
under Section 307(c) of the Act, which will be applicable to such
source if such categorical standards are thereafter promulgated in
accordance with that section. Determination of the applicability of
new source standards shall be made as provided in the Act and 40 CFR
403.3.
OPERATOR
Any person having charge, care, control or management of
a pretreatment facility for industrial wastes or of a truck or trucks
used in the removal, transport or disposal of sewage or industrial
wastes.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
PASS-THROUGH
A discharge which exits the POTW into waters of the state
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, causes a violation of
any requirement of the POTW's 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 or 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 grams per liter of solution.
POLLUTANT
Any substance, including but not limited to dredged soil,
solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt and
industrial, municipal, commercial and agricultural waste which, when
discharged into water, results in pollution or increases pollution.
POLLUTION
The contamination of any waters of the state such as will
create or is likely to create a nuisance or to render such waters
harmful, detrimental or injurious to public health, safety or welfare,
or to domestic, municipal, commercial, industrial, agricultural, recreational
or other legitimate beneficial uses, or to livestock, wild animals,
birds, fish or other aquatic life; or contamination of the air, soil
or of the environment so as to produce or so as to be likely to produce
similar deleterious effects.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
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 sewer system. The
reduction or alteration can be obtained by physical, chemical or biological
processes or by means of other process changes, except as prohibited
by 40 CFR 403.6(d).
PRETREATMENT COORDINATOR
The agent of the Borough designated to administer the provisions
of the industrial pretreatment program.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement, other than a national
pretreatment standard, imposed on an industrial user by Section 303(b)
and (c) of the Act, the state or the industrial pretreatment program.
PROCESS WASTEWATER
Any wastewater resulting from the direct contact of water
with any raw material, intermediate product, finished product, by-product
or waste during any manufacturing process, or water other than cooling
water which results from a manufacturing process.
PUBLICLY OWNED TREATMENT WORKS or POTW
A publicly owned treatment works as defined by Section 212
of the Act (33 U.S.C. § 1292) which is owned by the Borough
of Punxsutawney. The term includes the sewage collection system and
the sewage treatment plant. The term also includes the municipality
which has jurisdiction over the indirect discharges to and the discharges
from such a treatment works.
QUALIFIED ANALYST
Any person who has demonstrated competency in the analysis
of wastewater by submission of their generally recognized documentation
of competency to the Borough.
REFRIGERATION
Maintenance of temperature for storage, preservation of food
or a process of manufacturing.
SANITARY SEWAGE
The normal water-carried domestic wastes from any improved
property, but excluding effluent from septic tanks or cesspools; rain,
snow or stormwater; groundwater; or other collected water from roofs,
drains or basements.
SANITARY SEWER
A sewer carrying only sanitary sewage or industrial wastes,
and to which storm-, surface or ground waters are not intentionally
admitted.
SEWAGE COLLECTION SYSTEM
All facilities of the Borough or any municipality party to
a service agreement with the Borough, as of any particular time, used
or usable for collecting, transporting, pumping and disposing of wastewater,
which facilities are connected to and served by the sewage treatment
plant.
SEWAGE TREATMENT PLANT
That portion of the sewer system owned and operated by the
authority or the Borough, which is designed to provide treatment of
wastewater and discharge of treated effluent to the environment.
SEWER
A pipe or conduit for conveying wastewater.
SEWER SYSTEM
The sewage collection system, sewage treatment plant, POTW
and any sewers that convey wastewater to the sewage treatment plant.
For the purposes of this Part 4, "sewer system" shall also include
any sewers that convey wastewater to the sewage treatment plant from
persons who are, by contract or agreement with the Borough, users
of the sewer system.
SIGNIFICANT INDUSTRIAL USER
(1)
Any categorical industrial user (CIU); or
(2)
Any other industrial user which:
(a)
Discharges an average of 25,000 gallons or more
of process wastewater per workday;
(b)
Contributes a process wastewater which makes
up 5% or more of the dry-weather average hydraulic or organic capacity
(organic capacity measured in pounds BOD) of the sewage treatment
plant; or
(c)
Is determined as such by the Borough on the
basis that it has a reasonable potential to adversely affect the operation
of the sewage treatment plant or to violate any pretreatment requirement
or standard.
(3)
Upon a finding that a user meeting the criteria
in Subsection B of this definition has no reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement, the Borough may at any time, on its own initiative
or in response to a petition received from a user, and in accordance
with procedures in 40 CFR 403.8(f)(6), determine that such user should
not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE
A noncompliance which meets one or more of the following
criteria:
(1)
Chronic violations (exceedances 66% of the time
during a six-month period) of the same pollutant parameters.
(2)
Technical review criteria (TRC) violations:
33% or more of measurements for each pollutant parameter taken during
a six-month period equal or exceed the product of the applicable limit
and the TRC value (1.4 times the limit for conventional pollutants
or 1.2 times the limit for toxic pollutants).
(3)
A violation of pass-through or interference.
(4)
A discharge of imminent endangerment to human
health, welfare or the environment, or which requires the wastewater
treatment plant to use its emergency authorities under 40 CFR 403.8(f)(1)(vi)(B).
(5)
Violations of a compliance schedule milestone
by 90 days.
(6)
Violations of report submittal deadlines by
30 days.
(7)
Failure to report noncompliance.
(8)
Any other violation deemed significant by the
Control Authority [40 CFR 403.8(f)(2)(vii)].
SLUG or SLUG LOAD
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or noncustomary batch discharge,
or any discharge which violates the prohibitions of 40 CFR 403.5(b).
See 40 CFR 403.8(f)(2)(v) and 403.12(f).
[Amended 8-9-1993 by Ord. No. 975]
SPILL
Any discharge of pollutants resulting from the spilling,
overflowing, rupture or leakage of any storage, process or transfer
container, or the control or cleanup activities associated with such
an occurrence.
SPCC PLAN
A spill prevention, control and countermeasure plan prepared
by an industrial user to minimize the likelihood and intensity of
a slug load or spill and to expedite control and cleanup activities
should a slug load or spill occur.
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.
STANDARD METHODS
The latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the Water Pollution Control
Federation, the American Public Health Association and the American
Waterworks Association.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUPERINTENDENT
The person designated by the Borough to supervise the operation
of the sewage treatment plant and monitor flows in the sewage collection
system, or his 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.
TOTAL SOLIDS
The sum of the dissolved and undissolved solid constituents
of water or wastewater.
TOTAL TOXIC ORGANICS
The sum of all quantifiable values of various organic pollutants
as determined by the Borough or, for certain categorical industrial
users, as defined in the applicable categorical standard.
TOXIC ORGANIC MANAGEMENT PLAN
A plan submitted in lieu of testing for total toxic organics
in which an industrial user specifies methods of control to assure
that total toxic organics do not routinely enter the sewer system.
TOXIC POLLUTANTS
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of Section 307(a) of the Act,
or other acts, or which is present in sufficient quantity, either
singly or in combination with other wastewater, so as to present risk
of causing interference or pass-through, causing harm to humans, animals
or plants, or creating a hazard to persons or property, either in
the sewage collection system, the sewage treatment plant or the environment
into which it is released.
UNAUTHORIZED DISCHARGE
Discharge of an unauthorized waste, or a discharge which
otherwise is not in compliance with the requirements of the industrial
pretreatment program or other rules or regulations of the Borough.
UNAUTHORIZED WASTE
Any substance which is discharged into the sewage collection
system which is not in compliance with the provisions of the industrial
pretreatment program, or which is discharged by a person in violation
of any of the provisions of this Part 4.
USER
Any person who contributes, causes or permits the discharge
of wastewater into the sewer system.
WASTEWATER
Industrial wastes or domestic wastes from dwellings, commercial
buildings, industrial facilities and institutions, together with any
ground-, surface, and storm water that may be present, whether treated
or untreated, which enters the sewer 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 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.