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 INDUSTRIAL USER
(1)
If the user is a corporation:
(a)
The 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 decisionmaking
functions for the corporation; or
(b)
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 (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 federal, state or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility, or their designee.
(4)
The individuals described in Subsections A through
C above may designate another authorized representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company and the written authorization is submitted
to Upper Merion 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). 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 6-21-2007 by Ord. No. 2007-762]
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 concentration [milligrams per
liter (mg/l)].
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to the POTW.
CATEGORICAL STANDARDS OR CATEGORICAL PRETREATMENT STANDARDS
-
National Categorical Pretreatment Standards, being any regulation heretofore or hereafter adopted by the United States Environmental Protection Agency, being 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 apply to a specific category of users and which now appear or hereafter appear in 40 CFR Chapter
1, Subchapter N.
[Amended 7-13-2000 by Ord. No. 2000-704]
COOLING WATER
The water discharged from any such use 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 State of Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY OR 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, including the Regional
Water Management Division Director.
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 § 307
of the Act.
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 over a period
of time not to exceed 15 minutes.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE OR DISCHARGE
The discharge or the introduction of pollution from any nondomestic
source regulated under § 307(b), (c) or (d) of the Act (33
U.S.C. § 1317) into the POTW (including holding tank waste
discharge into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to § 402
of the Act. In addition, "industrial user" shall also be defined as
an establishment which discharges or introduces industrial wastes
into the POTW.
INDUSTRIAL WASTE
Shall have the meaning ascribed to it in the Act of June
22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law" and the regulations adopted
thereunder.
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 composited
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, causes the inhibition or disruption
of the POTW treatment process or operations or its sludge processes,
use or disposal and, therefore, is the cause of a violation of the
Township's NPDES permit or of the prevention of sewage sludge use
or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder or any more stringent state
or local regulations: § 405 of the Act; the Solid Waste
Disposal Act, including Title II, commonly referred to as the "Resource
Conservation and Recovery Act (RCRA)"; any state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substance
Control Act; and the Marine Protection, Research and Sanctuaries Act.
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 CATEGORICAL PRETREATMENT STANDARD
Any regulation heretofore or hereafter adopted by the United States Environmental Protection Agency containing any pollutant discharge limits heretofore or hereafter 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, as set forth in 40 CFR Chapter
1, Subchapter N.
[Amended 7-13-2000 by Ord. No. 2000-704]
NEW SOURCE
(1)
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 the proposed pretreatment
standards pursuant to § 307(c) of the Act, which will be
applicable to such source if the standards are thereafter promulgated
in accordance with that section, provided that:
(a)
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
(b)
The process or production equipment that causes
the discharge of pollutants at an existing source is totally replaced;
or
(c)
The production or wastewater generating processes
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.
(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 A(1) or C but otherwise
alters, replaces or adds to existing process or production equipment.
(3)
Construction of a new source, as defined herein,
has commenced if the owner or operator has:
(a)
Begun or caused to begin, as part of a continuous
on-site construction program, any placement, assembly or installation
of facilities or equipment; or 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.
(b)
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 time. Options to purchase
or contracts which can be terminated or modified without substantial
losses and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this Subsection C(2).
NONCONTACT COOLING WATER
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 the 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 the POTW's national pollutant discharge elimination system
"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, 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, a measure
of the acidity or alkalinity of a solution, expressed in standard
units.
POLLUTANT
Any dredged soil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, industrial,
municipal and agricultural wastes and certain characteristics of wastewater
(e.g., pH, temperature, TSS, turbitity, color, BOD, COD, toxicity
or odor).
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
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 POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes or by other means, except by diluting the concentration
of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an user. Any substantive
or procedural provision of the Federal Water Pollution Control Act
(62 Stat. 115, 33 U.S.C. § 1251 et seq.) or the Act of June
22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," or any rule or regulation,
ordinance or term or condition of a permit or order adopted or issued
by the commonwealth or a POTW for the implementation or enforcement
of an industrial waste pretreatment program established under the
Federal Water Pollution Control Act or the Clean Steams Law.
PRETREATMENT STANDARD
Prohibited discharge standards, categorical pretreatment
standards and local limits.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by § 212 of the Act
(33 U.S.C. § 1292), which is operated by the Township. This
definition includes any sewers that convey wastewater to the POTW
treatment plant, but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment. For the purposes
of this article, the "POTW" shall also include any sewers that convey
wastewaters to the "POTW" from persons outside the Township who are,
by contract or agreement with the Township, users of the Township's
"POTW." This definition includes any devices or systems used in the
collection, storage, treatment, recycling and reclamation of sewage
or industrial wastes of a liquid nature and any conveyances which
convey wastewater to a treatment plant.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dishwashing
operations, etc.).
SIGNIFICANT INDUSTRIAL USER
(1)
A user subject to categorical pretreatment standards.
(2)
A user that:
(a)
Discharges an average of 25,000 gpd or more
of process wastewater to the POTW (excluding sanitary, noncontract
cooling and boiler blowdown wastewater).
(b)
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant.
(c)
Is designated as such by the Township by the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement.
(3)
Upon a finding that a user meeting the criteria
in Subsection B has no reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement, the Township 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 (SNC)
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 violation meets one or more
of the following criteria:
[Amended 6-21-2007 by Ord. No. 2007-762]
(1)
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 pretreatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1).
(2)
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 equal or exceed the
product of the numeric pretreatment 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).
(3)
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit or narrative standard) that the Director of Public Works determines
has caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of Township personnel
or the general public).
(4)
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment or has resulted
in the Director of Public Works' exercise of his emergency authority
to halt or prevent such a discharge.
(5)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance.
(6)
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules.
(7)
Failure to accurately report noncompliance.
(8)
Any other violation(s), which may include violation of best
management practices, which the Director of Public Works determines
will adversely affect the operation or implementation of the local
pretreatment program.
SLUG DISCHARGE
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) and/or any discharge of nonroutine 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 Township's regulations,
prohibited discharge standards in this article, local limits or NPDES
permit conditions.
[Amended 6-21-2007 by Ord. No. 2007-762]
STATE
The State of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snow melt.
SUPERINTENDENT
The person designated by the Township to supervise the operation
of the publicly owned treatment works.
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.
TOWNSHIP
Upper Merion Township or the Board of Supervisors of Upper
Merion Township.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA § 307(a) or
other acts.
USER OR INDUSTRIAL USER
Any person who contributes, causes or permits the indirect
discharge of wastewaters into the Township's POTW.
WASTEWATER
The liquid and water-carried industrial and domestic wastes
and sewage from dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which is
contributed into or permitted to enter the 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 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 portions thereof.