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 ACT
The Federal Water Pollution Control Act, also know as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Regional Administrator of Region III of the Environmental
Protection Agency.
AUTHORIZED REPRESENTATIVE OF THE USER
A.
If the user is a corporation:
(1)
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 function for
the corporation.
(2)
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $2,500,000 in second quarter 1980,
if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
B.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
C.
If the user is a federal, state, local governmental facility
or charitable organization: a director or highest official appointed
or designated to oversee the operation and performance of the activities
of the government facility or charitable organization, or their designee.
D.
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 the overall responsibility for environmental matters for the company and the written authorization is submitted to the Borough.
BCWSA
Bucks County Water and Sewer Authority.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions in § 302, Subsection
1, of this Part. Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, slug loads, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
[Added by Ord. 1159, 5/6/2009]
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/1).
BOROUGH
The Borough of Quakertown, its elected and appointed officials
and their deputies, and its agents and employees.
BOROUGH MANAGER
The person duly appointed by Borough Council to supervise
the day-to-day operations of the Borough and who is charged with certain
duties and responsibilities by Borough ordinance or a duly authorized
representative.
BYPASS
The intentional diversion of waste streams from any portion
of a user's treatment facility.
COMMERCIAL USER
A commercial source of indirect discharge that is not a source
of industrial waste.
COMPOSITE SAMPLE
A combination of individual samples taken from a waste stream
at selected intervals for some specified period of time having either
equal volume or proportioned to the flow at the time of the sampling.
DEP
The Pennsylvania Department of Environmental Protection or
where appropriate it shall also mean any duly authorized official
of said agency.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE
The normal water-borne or dissolved waste discharged by a
residential household, as well as toilet or other like wastes discharged
by any user.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The United States Environmental Protection Agency or, where
appropriate, the term may also be used as a designation for the administrator
or duly authorized official of said agency.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time
basis, without regard to the flow in the waste stream and over a period
of time not to exceed 15 minutes.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants into the
POTW, including holding tank waste discharged into the system, as
outlined in 40 CFR 403.3(g) and Section 307(b), (c) and (d) of the
Act.
INDUSTRIAL PRETREATMENT PROGRAM
The program established by this Part and administered by
the Borough establishing rules and regulations for the Borough and
for industrial users of the Borough's POTW, thereby enabling the Borough
to comply with the responsibilities of implementing general pretreatment
regulations as required by the Borough's NPDES permit.
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 and which is discharged into the POTW; but not noncontact
cooling water or domestic waste. Any wastewater which contains industrial
waste and which is discharged from an industrial, manufacturing, trade
or business premises is considered industrial waste for the purposes
of this Part.
INTERFERENCE
The inhibition or disruption of the POTW treatment process
or operations which may, but is not required to, contribute to a violation
of the Borough's NPDES permit. The term includes prevention of sewage
sludge use, sludge processes or disposal by the POTW in accordance
with Section 405 of the Act (33 U.S.C. § 1345), or any criteria,
guidelines or regulation developed pursuant to the Solid Waste Disposal
Act, or more-stringent state criteria, including those contained in
any sludge management plan prepared pursuant to Title IV of the SWDA
applicable to the method of disposal or use employed by the POTW.
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.
NEW SOURCE
A.
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 Section 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:
(1)
The building, structure, facility or installation is constructed
at a site at which no other source is located.
(2)
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
(3)
The production or wastewater generating processes 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.
B.
Construction on a site 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(2) or A(3) above, but otherwise alters,
replaces or adds to existing process or production equipment.
C.
Construction of a new source as defined under this section has
commenced if the owner or operator has:
(1)
Begun, or caused to begin, as part of a continuous on-site construction
program:
(a)
Any placement, assembly or installation of facilities or equipment;
or
(b)
Significant site preparation work including clearing, excavation
or removal of existing building, structures or facilities which is
necessary for the placement, assembly or installation of new source
facilities or equipment.
(2)
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 contract 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.
NONCOMPLIANCE
Any violation of pretreatment requirements or pretreatment
standards, including but not limited to limits, sampling, analysis,
reporting and adherence to compliance schedules and regulatory deadlines.
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.
NORMAL PRODUCTION DAY
For the purposes of sampling wastewater, a normal production
day is that period of time during which wastewater is discharged and
production, cleanup and other activities that normally produce wastewater
or industrial waste are occurring. If a sample is specified to be
collected during a normal production day, it should not include aliquots
taken during low waste stream flow periods that are not representative
of normal activities, or during times when wastewater is not being
discharged.
PASS-THROUGH
A discharge which exits the POTW into waters of the state
in quantities which, alone or in conjunction with a discharge or discharges
from other sources, cause a violation of any requirement of the POTW's
NPDES permit, including an increase in the magnitude and duration
of the violation. Pass-through may also be the concentration of pollutants
in the sludge so that the end use of the sludge causes or contributes
to pollution, harm to the environment or a violation of any state
or national sludge disposal regulation, guideline or standard.
PERSON
Any individual, partnership, co-partnership, firm, charitable
organization, company, corporation, association, joint-stock company,
trust, estate, governmental entity or any other legal entity, or any
of the legal representatives, agents or assigns. The masculine gender
shall include the feminine. The singular shall include the plural
where indicated by the context.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
POLLUTANT
Any dredged spoil, solid waste, liquid waste, gaseous waste,
incinerator residue, sewage, garbage, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal and agricultural wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
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 is likely to produce similar
deleterious effects.
PRETREATMENT or TREATMENT
The 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 a POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes, or
by process changes, or by other means, except as prohibited by 40
CFR 403.6(d).
PRETREATMENT COORDINATOR
The person designated by the Superintendent or the Borough
Manager as the person responsible for the day-to-day administration
of the industrial pretreatment program.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
POTW
A "treatment works," as defined by Section 212 of the Act,
which may but is not required to be owned by the Borough of Quakertown.
For the purposes of this Part, POTW consists of the sewage and wastewater
collection system, treatment plant, pump stations and other ancillary
facilities owned and operated by the Borough of Quakertown and BCWSA.
This includes not only Borough and BCWSA sewers, but any other sewers
which, by agreement, or by order of other authority, discharge into
the Borough-owned collection system or treatment plant.
SEWAGE COLLECTION SYSTEM
That part of the POTW including, but not limited to, sewers
and pipes that convey the discharged wastewater to the POTW.
SHALL
Is mandatory; MAY — Is permissive.
SIGNIFICANT INDUSTRIAL USER
A.
A user subject to categorical pretreatment standards.
B.
A user that:
(1)
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater).
(2)
Contributes a process waste stream which makes up 5% or more
of the average dry weather organic capacity of the POTW treatment
plant.
(3)
Is designated as such by the Borough on the basis that it has
a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
C.
Upon a finding that a user meeting the criteria in Subsection
B 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 the 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 user is in significant noncompliance if it is in violation
of a pretreatment standard or requirement and the violation meets
one or more of the following criteria:
[Amended by Ord. 1159, 5/6/2009]
A.
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements taken for
the same pollutant parameter 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);
B.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken for the
same 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 TRC; the TRC for BOD, TSS and hexane-extractable materials
is 1.4; the TRC for all other pollutants except pH is 1.2 (there is
no TRC for pH);
C.
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 Borough determines has caused,
alone or in combination with other discharges, interference or pass
through (including endangering the health of Borough personnel or
the general public);
D.
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the Borough’s exercise of its emergency authority to halt or
prevent such a discharge;
E.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a permit, consent order, or administrative
order for starting construction, completing construction, or attaining
final compliance;
F.
Failure to provide, within 45 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
G.
Failure to accurately report noncompliance; and
H.
Any other violation or group of violations, which may include
a violation of applicable best management practices, which the Borough
determines will adversely affect the operation or implementation of
the pretreatment program.
SIGNIFICANT VIOLATOR
An industrial user in significant noncompliance at any time
during a calendar year.
SLUG or SLUG LOAD
Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause pass-through or interference or in any other way violate any provision of this Part
3, local limits, or any condition of a permit issued pursuant to this Part
3.
[Amended by Ord. 1159, 5/6/2009]
SPILL
Any discharge of a nonroutine, episodic nature including,
but not limited to, an accidental spill or a noncustomary batch discharge
or the control or cleanup activities associated with such an occurrence;
an accidental spill may result from the spilling, overflowing, rupture
or leakage of any storage, process or transfer container.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Budget and Management 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 the Borough who is charged with
certain duties and responsibilities, including but not limited to
supervision of the day-to-day operations of the POTW or his duly authorized
representative or agent.
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 POLLUTANTS
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the administrator of the EPA under the
provisions of the Clean Water Act § 307(a) or other acts.
UNAUTHORIZED DISCHARGE
A discharge into the POTW of industrial waste or other matter
which is not in accordance with the terms of this Part, an applicable
wastewater discharge permit or the industrial pretreatment program.
USER
Any person who contributes, causes or permits 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.
WASTEWATER DISCHARGE PERMIT
The permit issued by the Borough of Quakertown authorizing
discharge of industrial waste into the municipal wastewater 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 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.