These definitions shall apply throughout this
Part 5, unless the context clearly indicates otherwise:
ACCIDENTAL DISCHARGE
A discharge not caused by the fault of any person and one
that could not have been prevented by any means suggested by common
prudence which would interfere with the operation of the advanced
wastewater treatment facility (AWTF).
APPLICANT
All persons holding title to facilities or improvements for
which a permit for the connection to or discharge into the sewer system
is required.
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT INDUSTRIAL USER
[Amended 10-8-2008 by Ord. No. 2008-8]
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 principal executive officer or ranking elected official, if
the user is a municipality, state, federal, or other public agency;
or
D.
A duly authorized representative of the individual designated in Subsection
A,
B or
C above, if such representative is responsible for the overall operation of the facility or facilities from which the discharge originates.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibition of practices, maintenance
procedures, other management practices, including treatment requirements
and operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage and shall be considered local limits and pretreatment
standards for the purpose of § 307(d) of the Act.
[Added 10-8-2008 by Ord. No. 2008-8]
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° Centigrade expressed in terms of weight and concentration
(milligrams per liter).
BOD
Biochemical oxygen demand.
CFR
Code of Federal Regulations.
CLEAN STREAMS LAW (aka FEDERAL WATER POLLUTION CONTROL ACT)
A federal statute enacted by Public Law 92-500, October 18,
1972, 33 U.S.C. § 1251 et seq., as amended by Public Law
95-217, December 28, 1977, Public Law 97-117, December 29, 1989, Public
Law 97-440, January 8, 1983, and Public Law 100-04, February 4, 1987.
COLLECTION AND CONVEYANCE SYSTEM
The sanitary sewer collection system of the city and conveyance
system of the Harrisburg Authority in which wastewater is collected,
conveyed and discharged or will be discharged into the advanced wastewater
treatment facility (AWTF).
COLLECTION SYSTEM
The sanitary sewer collection system of the city and conveyance
system of the Harrisburg Authority in which wastewater is collected,
conveyed and discharged or will be discharged into the advanced wastewater
treatment facility (AWTF).
COMPLIANCE MONITORING
The act of checking specific conditions or requirements of
the industrial user permit.
CONVENTIONAL POLLUTANTS
Pollutants which are usually found in domestic, commercial
or industrial wastes such as phosphorus, total suspended solids, biochemical
oxygen demand, fecal coliform, adverse pH levels and oil and grease.
COOLING WATER
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
DEPARTMENT
The Department of Public Works of the City of Harrisburg.
DEP
See "Pennsylvania DEP."
DISCHARGER
Any person who contributes, causes or permits the contribution
of treated or untreated wastewater into the sewer system.
DOMESTIC WASTEWATER
Ordinary water-carried household wastes from sanitary conveniences
from residential and nonresidential establishments.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
An agency or administrative department of the United States
or any other agency or administrative department of the United States
hereafter exercising all or any portion, as appropriate, of the powers
or jurisdiction presently being exercised thereby.
EPA
United States Environmental Protection Agency.
EQUIVALENT DWELLING UNIT (EDU)
A measure of the volume of flow or expected flow of sanitary
sewage or industrial waste from any property that is equal to the
volume of flow discharged from one dwelling unit as determined in
accordance with sound engineering practice.
FEDERAL ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act of 1977, as amended, 33 U.S.C. § 1251 et
seq.
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.
HARRISBURG CONVEYANCE SYSTEM
The interceptor sewers, pumping stations and force mains
and all related structures which are a part of the wastewater facilities
transporting and conveying wastewater from facilities of the city
and any of suburban municipalities of the AWTF which are part of the
wastewater facilities.
HOLDING TANK WASTE
Any waste from holding tanks of vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge of the introduction of nondomestic pollutants
from any source regulated under § 307(b), (c) or (d) of
the Federal Act, 33 U.S.C. § 1317(b), (c) or (d), into the
AWTF. For the purposes of this definition, holding tank wastes shall
be considered indirect discharge.
INDUSTRIAL ESTABLISHMENT
Any nonresidential establishment discharging sewage and wastes
other than normal waste-carried domestic sewage and wastes and cooling
water, directly or indirectly to the AWTF.
INDUSTRIAL USER
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to § 402
of the Federal Act, 33 U.S.C. § 1342.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance, waterborne wastes
or form of energy rejected or escaping from any industrial manufacturing,
trade or business proceeds or from the development, recovering or
processing of natural resources, as distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the AWTF treatment processes
or operation which contributes to a violation of any requirement of
the Harrisburg Authority's NPDES permit. The term includes pollution
which prevents the use or disposal of sewage sludge by the AWTF in
accordance with § 405 of the Federal Act, 33 U.S.C. § 1345,
or any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control
Act or more stringent state criteria applicable to the method of disposal
or use employed by the AWTF.
LEASE
The agreement of lease between the city as lessee and the
Harrisburg Authority as lessor, whereunder the wastewater facilities
are leased to the city for operation and use and any amendments and
supplements to such lease.
LOCAL LIMITS
A locally established limit deemed to be a pretreatment standard
for the purpose of § 307(d) of the Clean Water Act. The limit is specific to the advanced wastewater treatment
facility (AWTF) and is based on the potential for pass-through, interference,
sludge contamination or capacity to cause damage or hazards to structures,
equipment or personnel of the advanced wastewater treatment facility
(AWTF) by the discharge of any pollutant by an industrial user.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS
Any regulation containing pollutant discharge limits promulgated
by the United States Environmental Protection Agency in accordance
with § 307(b) and (c) of the Federal Act, 33 U.S.C. § 1317(b)
and (c), which applies to a specific category of industrial users.
NEW SOURCE
Any new building, structure, facility or installation from
which there is or may be a discharge of pollutants which commences
after the date of publication of a proposed pretreatment standard
under § 307(c) of the Clean Water Act.
NONRESIDENTIAL ESTABLISHMENT
Any building, structure, room, group of rooms, establishment
or facility other than a residence which discharge sewage and wastes,
including industrial wastes, directly or indirectly to the AWTF.
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sanitary sewage, industrial waste, or both, is or may be
discharged.
PARTS PER MILLION (ppm)
A mass ratio meaning milligrams per million milligrams and
generally will be considered equivalent to milligrams per liter (mg/L).
PASS-THROUGH
A discharge which exits the AWTF into a waterway 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 violation
of the Harrisburg Authority's NPDES permit.
PENNSYLVANIA DEP
The Department of Environmental Protection, an agency or
administrative department of the commonwealth, or any other agency
or administrative department of the commonwealth hereafter exercising
all or any portion, as appropriate, of the powers or jurisdiction
presently being exercised thereby.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical waste, wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand and cellar dirt and industrial, municipal and agricultural waste
discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
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 to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the AWTF. The reduction
or alteration can be obtained by physical, chemical or biological
process or process changes by other means, except as prohibited by
40 CFR 403.6(d) (Dilution).
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment
other than a pretreatment standard imposed on an industrial user.
PRETREATMENT STANDARD
Any national categorical pretreatment standard, local limit
or discharge prohibition regulation identified in § 9-501.7(b)
containing a list of pollutant discharge limitations.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product. Sanitary, noncontact cooling and boiler blowdown
wastewaters are excluded unless they become process makeup water.
PROPERTY ACCESSIBLE TO THE COLLECTION SYSTEM
Any improved property (any property within Swatara Township
upon which there is erected a structure intended for continuous or
periodic habitation, occupancy or use by human beings or animals and
from which structure sanitary sewage and/or industrial waste shall
be or may be discharged) abutting on or adjoining any street or highway
in which a sewer or drain is located which is part of the sewer system.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by § 212 of the Clean
Water Act, which is owned by a state or municipality [as defined
by § 502(4) of the Clean Water Act]. 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 sewers,
pipes and other conveyances only if they convey wastewater to a treatment
facility.
RESIDENTIAL PROPERTY
Any room, group of rooms, house, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a single-family or by persons living alone, which property shall be
billed and considered a separate entity.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and commercial and industrial
establishments.
SELF-MONITORING
Sampling and analysis performed by the industrial user to
ensure compliance with permit provisions.
SERVICE AGREEMENT
The second supplemental agreement dated September 15, 1976,
among the City of Harrisburg, Harrisburg Sewerage Authority and the
suburban municipalities and any supplements and amendments to such
agreement.
SERVICE PERIOD
For sewer rental purposes, the length of time for which sewer
rentals are billed as may be determined by the Bureau of Water of
the city to correspond with water service period, except as otherwise
provided in the second supplemental agreement dated September 15,
1976, among the City of Harrisburg and the suburban municipalities
and any supplements and amendments to such agreement.
SEWER SYSTEM
All the facilities for the collection and conveyance of sewage
and suitable industrial wastes into the AWTF and the treatment plant.
SIC
Standard industrial classification.
SIGNATORY
A responsible corporate officer, general partner, proprietor
or duly authorized representative of that individual.
SIGNIFICANT INDUSTRIAL USER
All categorical industrial users or any noncategorical industrial
users that:
A.
Have a discharge flow of 25,000 gallons or more
per average workday of process wastewater.
B.
Have an average process flow which makes up
to 5% or more of the average dry weather hydraulic or organic capacity
of the treatment plant.
C.
Have a reasonable potential in the opinion of
the superintendent to adversely affect the treatment plant through
inhibition, pass through of pollutants, sludge contamination or endangerment
of AWTF workers or to violate any pretreatment standard or requirement.
SIGNIFICANT NONCOMPLIANCE
One or more violations of:
[Amended 10-8-2008 by Ord. No. 2008-8]
A.
Pretreatment standards or requirements, including chronic violations,
technical review criteria violations or any discharge which, alone
or in combination, causes interference or pass-through or endangers
the health or welfare of AWTF personnel, the public or the environment
or results in the AWTF exercising its emergency authority to halt
or prevent such discharge;
B.
Best management practices;
C.
Compliance schedule milestones;
E.
Accurately reporting noncompliance; or
F.
Any other violation or group of violations the AWTF considers
to be significant.
SLUG DISCHARGE
Any pollutant released in a discharge at a flow or concentration
rate which will cause interference with the operation of the AWTF.
SPILL PREVENTION AND CONTROL PLAN
A plan prepared by an industrial user to minimize the likelihood
of a spill and to expedite control and cleanup activities should a
spill occur.
STANDARD INDUSTRIAL CLASSIFICATION
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget (1972).
STATE
The Commonwealth of Pennsylvania.
STEELTON CONVEYANCE SYSTEM
The facilities owned or leased by the Borough of Steelton
which transport and convey wastewater from facilities of any of the
suburban municipalities and not through the Harrisburg conveyance
system to the wastewater treatment facilities which are part of the
wastewater facilities.
SUBURBAN MUNICIPALITIES or SUBURBAN MUNICIPAL AUTHORITIES
The Borough of Pennbrook, Borough of Paxtang, Borough of
Steelton, Township of Swatara, Township of Lower Paxton and the Township
of Susquehanna and, as applicable, Swatara Township Authority, Lower
Paxton Authority, Steelton Borough Authority and Susquehanna Township
Authority, collectively or individually, as appropriate.
SUPERINTENDENT
The person designated by the city to supervise the operation
of the AWTF and who is charged with certain duties and responsibilities
by this Part 5 or any other applicable legislation or one or more
duly authorized representatives.
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 MATERIAL or POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA under § 307(a) of
the Federal Act or the federal laws.
TREATMENT PLANT
The plant for the treatment of sewage conveyed thereto by
the collection system and the equipment and facilities thereof, the
AWTF.
UPSET
An exceptional incident in which there is unintentional and
temporary noncompliance with the pretreatment standards because of
factors beyond the reasonable control of the industrial user. An upset
does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance or careless or improper
operation.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the AWTF.
VIOLATION
The act of not meeting specific conditions or requirements
(i.e., noncompliance).
WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions
together with any pollutants which may be present, whether treated
or untreated, which are contributed into or permitted to enter the
sewer system.
WASTEWATER FACILITIES
The wastewater conveyance, treatment, disposal and related
facilities owned by the Harrisburg Authority and leased to the City
of Harrisburg for operation and use, including existing facilities
and all future additions and improvements thereto.
No connection or discharge shall be made to
or into the sewer system except in compliance with all federal, state
and local laws, ordinances, resolutions, rules and regulations now
in force and effect as well as such federal, state and local laws,
ordinances, resolutions, rules and regulations as may, from time to
time, be enacted, adopted, approved or promulgated by any federal,
state or local authority or may be otherwise provided by law.
Upon promulgation of federal categorical pretreatment standards or any federal standard for a particular industry or subcategory, the standards referenced in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, if more stringent than the limitations contained in this Part
5 for such discharges, shall immediately supersede the standards set forth in this Part
5. The superintendent shall notify all affected industrial users of the applicable reporting requirements under 40 CFR 403.12.
Any state requirements and limitations on discharge
which have been or may be adopted which are more stringent than the
federal limitations or those contained in this Part 5 shall supersede
both federal and city standards. The superintendent shall notify all
affected users of any such change.
No industrial user shall introduce any untreated
process waste or process wastewater into the sewer system containing
any hazardous waste constituent identified in 40 CFR Part 261, without
prior written notification to the superintendent. Any notification
shall provide the identity of the waste, the hazardous waste constituent
and number and an estimation of the mass and concentration of hazardous
waste to be discharged and shall be accompanied by a statement certifying
that a waste reduction program is in place. In no case shall the introduction
of any hazardous process waste or nonprocess waste constituent be
permitted as a substitute for the proper treatment and disposal of
any such waste.
No user shall discharge any holding tank or
septic tank wastes unless such person has been issued a special permit
to do so by the superintendent and a special permit to do so by the
Swatara Township Authority. Such permit shall not be assignable or
transferable.
The director shall adopt a schedule of charges
and fees to cover the costs of implementation of the pretreatment
provisions of this Part 5. These fees are in addition to, and separate
from, all other fees charged by the city and will be assessed by the
city on all permit holders. Such charges and fees may include, but
are not limited to, the following:
A. Costs of monitoring, inspection and surveillance procedures.
B. Costs of reviewing permit applications.
C. Administrative costs of appeals.
D. Costs of reviewing accidental discharge reports.
E. Costs of reviewing pretreatment facility construction
plans.
F. Costs of consistent removal by the AWTF of pollutants
subject to pretreatment standards.
G. Any other costs incurred by the city in implementing
the requirements of this Part 5.
The pretreatment provisions and all other requirements
of this Part 5 shall apply to any person currently discharging into,
directly or indirectly, or otherwise using the sewer system or any
person who shall in the future discharge into, directly or indirectly,
or otherwise use the sewer system.
The director is authorized to promulgate such rules and regulations as are necessary for the proper administration, implementation and enforcement of this Part
5. This authority is in addition to that granted in any section of this Part
5. Such rules and regulations shall have the same force and effect as the provisions of this section and any violation thereof shall be deemed a violation of the applicable sections for enforcement purposes in Part
5, Article
XI. The director shall publish notice of the promulgation of any such rules and regulations and shall notify each of the suburban municipalities prior to adoption of the same, pursuant to §
231-69.
Should any user refuse, neglect or fail to comply with any provision of this Part
5 or any of the rules and regulations promulgated thereunder or any notice or directive given in conformity with or pursuant to the provisions of this Part
5, the city may pursue any or all of the remedies set forth in §
231-77 et seq.
Any information submitted to the city pursuant
to these ordinances or any rules and regulations promulgated thereunder
may be claimed as confidential by the submitter. Any such claim shall
be asserted at the time of submission by the stamping or placing of
the word "Confidential Business Information" on each page containing
such information. If no claim is made at the time of submission, the
city may make the information available to the public without further
notice. If a claim is asserted, the information shall be treated in
accordance with the procedures in 40 CFR Part 2, Public Information;
provided, however, that any information regarding effluent data shall
be available to the public without restriction.
Compliance monitoring and inspection will be
performed by the city. This duty will be based on a schedule determined
by the type of facility, type and concentration of pollutants in the
discharge and the past performances of compliance by the industrial
user.
Any person who violates any of the provisions of §§
231-38 through
231-57 shall be subject to the penalty and enforcement provisions of §
231-77 et seq., including the right of the city to disconnect service.