[Amended 3-23-1995 by Ord. No. 192; 11-4-1996 by Ord. No. 200]
Unless the context specifically indicates otherwise, the following terms and phrases as used in this part, shall have the meanings hereinafter designated:
ACT or THE ACTThe 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 USERAn authorized representative of an industrial user may be:
A. A principal executive officer of at least the level of vice president if the industrial user is a corporation.
A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
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)].
BOROUGHThe Borough of Pottstown or the Borough Council of Pottstown or the Burgess and Town Council of the Borough of Pottstown.
BUILDING SEWERA sewer conveying wastewater from the premises of a user to the POTW.
CONSENT AGREEMENTAn agreement entered into by the Superintendent or his duly authorized representative for assurance of voluntary compliance, or other similar document establishing an agreement with any user responsible for noncompliance. Such document will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such document shall have the same force and effect as an administrative order and shall be judicially enforceable.
COOLING WATERThe water discharge from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
DIRECT DISCHARGEThe discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
EDUEquivalent domestic unit with the following wastewater characteristics:
| Flow | 300 gpd |
| Ammonia - nitrogen | 25 mg/l as N |
| BOD | 250 mg/l |
| Phosphate | 10 mg/l as P |
| Suspended solids | 150 mg/l |
| TKN | 40 mg/l as N |
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.
GRAB SAMPLEA sample which is taken from a waste stream over a period of time not to exceed 15 minutes with no regard to the flow in the waste stream.
GROUNDWATERThe part of precipitation that infiltrates the ground and creates the zone of saturation.
HOLDING TANK WASTEAny waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGEThe discharge of the introduction of pollutants into the POTW, including holding tank waste discharged into the system and any source regulated under § 307(b), (c) or (d) of the Act.
INDUSTRIAL USERA. CLASS 1Any user of the Township's wastewater disposal system who:
(1) Has a discharge flow of 25,000 gallons or more per average workday.
Has flow greater than 5% of the flow in the Borough's wastewater treatment system.
Has in its wastes any of the 126 priority pollutants as defined pursuant to § 307 of the Act or Pennsylvania statutes and rules.
Is subject to federal categorical standards.
Is found by the Borough, Pennsylvania Department of Environmental Protection (PA DEP) or the U.S. Environmental Protection Agency (EPA) to have significant impact either singly or in combination with other contributing industries on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
CLASS 2Any user of the Borough's wastewater disposal system that discharges nondomestic pollutants in amounts that, on a routine basis, have an insignificant impact on the treatment system but may have the potential to impact the collection or treatment system or to violate the prohibited discharge limitations in the Authority's ordinance. This class also includes any industry which presents the potential to cause sewer obstruction, slug loads or chemical spills.
CLASS 3Any user of the Borough's wastewater disposal system that discharges only sanitary wastes, has dry processes or is considered to have an insignificant impact on the POTW.
INHIBITORY SUBSTANCESMaterial and/or chemicals that kill or restrict the ability of organisms to treat wastes.
INTERFERENCEThe inhibition or disruption of the POTW treatment processes or operations or its sludge processes, use or disposal which alone or in conjunction with a discharge or discharges from other sources causes a violation of any requirement of the Borough's NPDES permit (including an increase in the magnitude or duration of a violation). The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 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, the Marine Protection, Research and Sanctuaries Control Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA, applicable to the method of disposal or use employed by the POTW.
MASS EMISSION RATEThe rate of discharge of a pollutant expressed as a weight per unit of time, usually as pounds or kilograms per day.
NEW SOURCEAny building, structure, facility or installation or any other qualifier found in 40 CFR 403.3(k) from which there is or may be discharge of pollutants, including an increase in the magnitude or duration of a violation, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act.
PASS-THROUGHA discharge which exits the POTW system into waters of the United States in quantities which may serve to cause a violation or increase in magnitude or duration of a violation of the POTW's NPDES permit.
PERSONAny 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.
pHThe logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in standard units of solution.
POLLUTANTAny 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, industrial, municipal and agricultural waste and certain wastewater containing pollutants such as pH, temperatures, BOD and so forth, discharged into water.
POLLUTIONThe man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
PRETREATMENT or TREATMENTThe reduction of the amount of pollutants, the elimination of pollutants or 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 POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTSAny substantive or procedural requirement related to pretreatment other than a national pretreatment standard imposed on an industrial user.
PROCESS WATERAny water that has become wastewater due to the chemical or physical natures of the water; water used to manufacture or produce any product.
PUBLICLY OWNED TREATMENT WORKS (POTW)A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Authority. 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 part, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough's POTW.
SHALL/MAY"Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USERA. A user subject to categorical pretreatment standards.
A user that:
(1) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater).
Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.
Is designated as such by the Borough on the basis that it has a reasonable potential for adversely affecting the POTW's operation or by violating any pretreatment standard or requirement.
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 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 NONCOMPLIANCEAn industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined here 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.
Technical review criteria (TRC) violations, defined here as those 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 maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).
Any discharge of a pollutant that has cause imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such discharge.
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance.
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD or SLUGAny discharge of a nonroutine, episodic nature, or at a flow rate or concentration which would cause violation of the prohibited discharge standards in §
185-26.
State of Pennsylvania.
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.
STORMWATERAny flow occurring during or following any form of natural precipitation and resulting therefrom.
SURFACE WATERPrecipitation that does not enter the ground through infiltration nor is returned to the atmosphere by evaporation; flows over the ground surface; includes man-made supplies of water.
SUPERINTENDENTThe person designated by the Borough to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this part, or his duly authorized representative.
SUSPENDED SOLIDSThe total suspended matter that floats on the surface or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.
SYNERGISTIC REACTIONAn interaction between two or more individual compounds which produces an injurious effect upon the body (or an organism) which is greater than either of the substances alone would have produced; compound may be characterized as temperature.
TOWNSHIPThe Township of Lower Pottsgrove or the Commissioners of Lower Pottsgrove Township.
TOXIC POLLUTANTAny pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of CWA § 307(a) or other acts.
USERAny person who contributes, causes or permits the contribution of wastewater into the POTW.
WASTEWATERThe 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 STATEAll 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.