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.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL, COMMERCIAL, INSTITUTIONAL
OR SIGNIFICANT INDUSTRIAL USER
(1)
If the user is a corporation:
(a)
The president, secretary, treasurer or a 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.
(b)
The manager of one or more manufacturing, production or operating
facilities, provided that the manager is authorized to make management
decisions which govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations; and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where 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 facility, a director
or highest official appointed or designated to oversee the operation
and performance of the activities of the government facility or his
or her designee.
(4)
The users described in Subsections
(1) through
(3) 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 the Ambler Wastewater Treatment Plant.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibition of practices, maintenance
procedures and other management practices to implement the general
and specific prohibitions found in 40 CFR 403.5(a)(1) and (b) and
Chapter 18 of the Ambler Borough Code. 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.
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 POTW.
CATEGORICAL STANDARDS
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with § 307(b) and (c) of the Act [33
U.S.C. § 1317(b) and (c)] which apply to a specific category
of users and which appear in 40 CFR Chapter I, Subchapter N, Parts
405 through 471.
CONTROL AUTHORITY
Shall refer to the Manager as Ambler has an approved pretreatment
program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharged 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 water of the State of Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The U.S. 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.
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.
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
POTW, including holding tank waste discharged into the system.
INTERFERENCE
A discharge, which alone or in conjunction with a discharge
or discharges from other sources inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal, and therefore is a cause of a violation of Ambler Wastewater
Treatment Plant'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;
and the Marine Protection, Research and Sanctuaries Act.
MANAGER
The person designated by Ambler to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this article, or his duly authorized representative.
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 OR PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act
[33 U.S.C. § 1317(b) and (c)], which applied to a specific
category of industrial users (40 CFR Chapter I, Subchapter N, Parts
405 through 471).
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 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:
(a)
The building, structure, facility or installation is constructed
at a site at which no other source is located.
(b)
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
(c)
The production or wastewater generating process of the building,
structure, facility or installation 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
(1)(b) or
(c) above but otherwise alters, replaces or adds to existing process or production equipment.
(3)
Construction of new source as defined under this subsection
has commenced if the owner or operator has begun, or caused to begin,
as part of a continuous on-site construction program:
(a)
Any placement, assembly or installation of facilities or equipment.
(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.
(c)
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is intended to be used in its operation
within a reasonable 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 subsection.
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 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 POTW's NPDES permit (including
an increase in the magnitude of duration of violation).
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, 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 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 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, municipal, agricultural and industrial wastes and
certain characteristics of wastewater (e.g., temperature, TSS, turbidity,
color, BOD, COD, toxicity or odor).
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
POTW TREATMENT PLANT
That portion of the POTW, owned by the Borough of Ambler
and operated by the Borough of Ambler in participation with the Townships
of Lower Gwynedd, Upper Dublin, Whitemarsh and Whitpain, which is
designed to provide treatment to wastewater from each participating
municipality.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes or by other means,
except by diluting the concentration of the pollutants unless allowed
by an applicable pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by § 212 of the Act
(33 U.S.C. § 1292) which is owned by Ambler and operated
for the benefit of Ambler and for the areas of the Townships of Lower
Gwynedd, Upper Dublin, Whitpain and Whitemarsh served by the POTW
pursuant to an agreement between and among the said municipalities
dated December 16, 1959, as amended by several subsequent agreements.
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, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons inside or outside Ambler and/or
the townships who are users of the POTW.
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
(1)
Except as provided in Subsection
(2) of this definition:
(a)
All industrial users subject to categorical pretreatment standards
under 40 CFR 403.6 and 40 CFR Chapter I, subchapter N.
(b)
Any other industrial user that discharges an average of 25,000
gallons per day or more of process wastewater to the POTW (excluding
sanitary, noncontract cooling and boiler blowdown wastewater), contributes
a process waste stream which makes up 5% or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plan or
is designated as such by the Borough on the basis that the industrial
user has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement
[in accordance with 40 CFR 403.8(f)(6)].
(2)
Upon finding that an industrial user meeting the criteria in
Subsection (A)(2) above 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 an industrial user or POTW,
and in accordance with 40 CFR 403.8(f)(6) determine that such industrial
user is not 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:
(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(l);
(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 equals or exceeds the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(l) 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(l) (daily maximum, long-term average, instantaneous
limit or narrative standard) that Ambler Borough determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of Ambler Borough 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 Ambler Borough's exercise of its 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; or
(8)
Any other violation(s), which may include violation of best
management practices, which Ambler Borough 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 Ambler Borough's
regulations, prohibited discharge standards in this article, local
limits or NPDES permit conditions.
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
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUPERINTENDENT
The person designated by Ambler to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this article, or a duly authorized representative.
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 the administrator of the EPA under the
provision of CWA § 307(a) or other acts.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
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 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.