This chapter sets forth the following uniform requirements for
users of the sewer system and enables the Borough to regulate the
use of the sewer system and to comply with the requirements of the
Clean Water Act and other applicable state and national laws and regulations.
The objectives of this chapter are:
A.Â
To prevent the introduction of pollutants into the sewer system that
will cause interference with the operation of the sewage collection
system or the sewage treatment plant or reduce the efficiency or effectiveness
of the sewage collection system or sewage treatment plant.
B.Â
To prevent pass-through of pollutants, inadequately treated, to the
environment.
C.Â
To protect workers and the general public from exposure to toxic
or other dangerous substances.
D.Â
To protect the sewer system from damage.
E.Â
To improve the opportunity to recycle or reclaim wastewater or sludge.
F.Â
To provide for the equitable distribution of the cost of operating,
maintaining and administration of the sewer system.
G.Â
To enable the Borough of Northampton to comply with all applicable
state and national laws, rules and regulations, including NPDES permit
conditions, sludge use and disposal requirements, air quality standards
and quality standards.
H.Â
To comply with the requirements of an agreement between the Borough
of Northampton and the Township of Allen in which the Township covenants
to adopt and enforce ordinances, resolutions or rules and regulations
equal to those established by the Borough of Northampton.
The following words, terms and phrases will hereinafter have
the meanings set forth in this section, unless the context clearly
requires a different meaning. "Shall" is mandatory; "may" is permissive.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The administrator or the regional administrator of Region
III of the EPA.
An authorized representative of an industrial user may be:
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 principal executive officer or director having responsibility
for the overall operation of the discharging facility if the industrial
user is a governmental entity, charitable organization or other such
unincorporated entity.
If an authorization under Subsection A(4) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of Subsection A(4) of this definition must be submitted to the Borough prior to or together with any reports to be signed by an authorized representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. (64° F.) expressed in terms of weight and concentration
[milligrams per liter (mg/L)].
The Borough of Northampton, Northampton County, Pennsylvania,
a municipal corporation existing under the laws of the Commonwealth
of Pennsylvania, and the Manager and Borough Council thereof, its
agents and officials.
Any person who contributes, causes or permits the discharge
of wastewater from an improved property located in the Borough into
the sewer system.
A sanitary sewer conveying wastewater to the sewage collection
system and consisting of the connection sewer and the customer sewer.
The intentional diversion of wastewater from any portion
of an industrial user's pretreatment facility.
An industrial user subject to categorical standards.
National Categorical Pretreatment Standards.
A registered professional engineer under the laws of the
state.
A record of sample collection indicating the place, date
and time of collection and the person collecting the sample. It shall
also include a record of each person involved in possession of the
sample including the laboratory person who takes final possession
of the sample for the purpose of analysis.
The Act of June 22, 1937, P.L. 1987, as amended, 35 P.S.
§§ 691.1 to 691.702.
Color of light transmitted through a waste after removal
of all suspended matter, including pseudo-collodial particles and
measured in platinum-cobalt units.
A procedure for calculating discharge concentrations of constituents
of industrial waste, as defined in 40 CFR 403.6(e).
Adherence to conditions or requirements of this chapter.
A schedule submitted by an industrial user approved by the
Borough setting forth the time within which an industrial user shall
be in compliance with provisions of this chapter.
A sample composed of individual subsamples taken at regular
intervals over a specified period of time. Subsamples may be proportioned
by time interval or size according to flow (flow-portioned composite
sample), or be of equal size and taken at equal time intervals (equal-time
composite sample). A composite grab sample is composed of individual
grab samples collected and preserved individually and combined for
analysis only at the time of analysis.
A fee as defined and designated as a connection fee as set
forth in Act of December 19, 1990, P.L. 1227, No. 223, § 1
[53 P.S. § 306.B(t)(1)(i)], or any successor statute or
amendment thereto.[1]
That part of a building sewer extending from the sewage collection
system to the property line of an improved property.
The water from any use such as air conditioning, cooling
or refrigeration, which does not come into contact with any product,
byproduct or waste, and to which the only pollutant added is heat.
A fee as defined and designated as a customer facilities
fee as set forth in Act of December 19, 1990, P.L. 1227, No. 203,
§ 1 [53 P.S. § 306.B(t)(1)(ii)], or any successor
statute or amendment thereto.[2]
That part of a building sewer extending from the property
line of an improved property to the improved property.
The highest value obtained for samples collected in any calendar
day. When used in a limit, the daily maximum is the highest value
allowed in any composite sample or the maximum value allowed as an
average of one or more grab samples taken during a calendar day. The
daily maximum may also be expressed as the maximum mass allowed to
be discharged during any one calendar day.
The conveyance of any water or wastewater into the sewer
system.
Normal household wastes from kitchens, water closets, lavatories
and laundries or any waste from a similar source and possessing the
same characteristics.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by persons living
alone, excluding, however, college and institutional dormitories.
The U.S. Environmental Protection Agency, or where appropriate,
the term may also be used as designation for the administrator or
other duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
standards, which categorical standards will be applicable to such
source if the categorical standard is thereafter promulgated in accordance
with § 307 of the Act.
Solid or semisolid wastes resulting from preparation, cooking
and dispensing of food and from handling, storage and sale of produce.
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 within a
period of 15 minutes or less.
Water which is contained in or passing through the ground.
The liquid and/or solid material from a septic tank, cesspool
or similar domestic waste treatment or containment system or waste
from holding tanks such as those found in vessels, chemical toilets,
campers or house trailers.
Any property within the Borough 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 or industrial wastes shall or may be discharged.
The sum of the provisions of this chapter, amendments thereto,
and any activities authorized by this chapter as regards the regulation
and control of industrial users.
Any person who discharges industrial waste into the sewer
system.
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 sewer system; but not cooling
water or sanitary sewage. 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 chapter.
Any substance which is discharged, and which consists of
or is contaminated by pathogens or other etiologic agents, and which
has not been sterilized, neutralized or otherwise rendered harmless.
Infectious waste includes, but is not limited to, contaminated blood,
blood products or other bodily fluids (excepting excreta discharged
by normal bodily functions); wastes, including excreta, from patient
isolation areas; laboratory samples or test materials; animal wastes
and bedding; body parts; pathology and autopsy wastes; and glassware,
hypodermic needles, surgical instruments and other sharps.
The condition in which a discharge, alone or in conjunction
with discharges from other sources:
Inhibits or disrupts the process or operations of the sewage
treatment plant or the sewage collection system, or the processing,
use or disposal of sludge.
Is a cause of a violation of any requirement of the Borough's
NPDES permit (including an increase in the magnitude or duration of
a violation) or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Article 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
[including Title II, more commonly referred to as the "Resource Conservation
and Recovery Act" (RCRA) and including state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the SWDA], the Clean Air Act, the Toxic Substances Control Act,
and the Marine Protection, Research and Sanctuaries Act or which results
in or increases the severity of a violation of other state or national
environmental statutes, rules or regulations.
Numerical limitations on the concentration, mass or other
characteristics of wastewaters or pollutants discharged or likely
to be discharged, by industrial users, and which are developed by
the Borough.
The Borough Manager, or his duly authorized representative
as may be provided from time to time by the Borough Manager, by Borough
Council or by both.
A structure allowing access from the surface of the ground
to a sewer.
Milligrams per liter; a measure of concentration of waterborne
substances.
The arithmetic mean of all daily determinations of concentration
made during a calendar month. The monthly average may also be expressed
as the average mass discharged during a month, utilizing the daily
flow and associated concentration values for each day.
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) which applies to a specific category
of industrial users. National Categorical Pretreatment Standards are
enumerated in 40 CFR, Chapter I, Subchapter N, Parts 405 through 471.
Any building, structure, facility or other source from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed categorical standards
under § 307(c) of the Act which will be applicable to such
source if such categorical standards are thereafter promulgated in
accordance with that section. Determination of the applicability of
new source standards shall be made as provided in the Act and 40 CFR
403.3.
Not in compliance.
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 periods that are not representative of normal activities,
or during times when wastewater is not being discharged.
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any person having charge, care, control or management of
a pretreatment facility for industrial wastes or of a truck used in
the removal, transport or disposal of wastewater, industrial waste
or holding tank waste.
When capitalized, the term "ordinance" refers to this chapter.
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
Discharge of pollutants by the POTW to the waters of the
state, so as to cause or contribute to pollution, either alone or
in conjunction with other discharges, or cause or contribute to a
violation of the Borough's NPDES permit or an increase in the
magnitude or duration of any such violation; or 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.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity or their legal representative, agents
or assigns. The masculine gender shall include the feminine; the singular
shall include the plural where indicated by context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
The official Borough rules and regulations for the design
and installation of a building sewer or any sewer plumbing within
an improved property which the Borough Council may adopt or amend
by ordinance or resolution from time to time.
Any substance including, but not limited to, dredged spoil,
solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical waste, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt and
industrial, municipal and agricultural waste or having certain characteristics
such as biochemical oxygen demand, suspended solids, ammonia-nitrogen,
phosphorus, color, pH or toxicity, which, when discharged into water,
results in pollution or increases 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.
A publicly owned treatment works as defined by § 212
of the Act (33 U.S.C. § 1292). The term includes sewage
collection system and the sewage treatment plant.
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 sewer system. The
reduction or alteration can be obtained by physical, chemical or biological
processes or by means of other process changes except as prohibited
by 40 CFR 403.6(d).
Agent of the Borough designated to administer the industrial
pretreatment requirements of this chapter.
Any substantive or procedural requirement, other than a categorical
standard, imposed on an industrial user by § 303(b) and
(c) of the Act, the state or this chapter.
Any discharge which is prohibited under § 190-7 of this chapter.
Any regulation developed under § 307(b) and (c)
of the Act (33 U.S.C. § 1317) and 40 CFR 403.5.
Any person who has demonstrated competency in the analysis
of wastewater by submission of their generally recognized documentation
of competency to the Borough or who is normally employed in the capacity
of analyst by a professional analytical laboratory.
Maintenance of temperature for storage, preservation of food
or as a process of manufacturing.
The normal water-carried domestic waste from any improved
property, but excluding effluent from septic tanks or cesspools; rain,
snow or stormwater; groundwater or other collected water from roofs,
drains or basements.
A sewer carrying only sanitary sewage or industrial wastes
and to which storm, surface or groundwaters are not intentionally
admitted.
All facilities owned and operated by the Borough, as of any
particular time, used or usable for collecting, transporting, pumping
and disposing of wastewater, which facilities are connected to and
served by the sewage treatment plant.
That portion of the sewer system owned and operated by the
Borough, which is designed to provide treatment of wastewater and
discharge of treated effluent to the environment.
A pipe or conduit for conveying wastewater or stormwater.
The sewage collection system, sewage treatment plant and
any sewers that convey wastewater to the sewage treatment plant. For
the purposes of this chapter, "sewer system" shall also include any
sewers that convey wastewater to the sewage treatment plant from persons
who are, by contact or agreement with the Borough, users of the sewer
system.
An industrial user who:
Has a discharge flow of 25,000 gallons or more of industrial
waste per average workday;
Discharges an organic load, in pounds of BOD per average work
day, of 5% or more of the average daily organic loading of the sewage
treatment plant;
Is regulated by categorical standards; or
Is determined by the Borough to have the potential of adversely
affecting the operation of the POTW, causing interference or pass-through,
or of violating any pretreatment requirement.
A noncompliance which meets or exceeds standards of significant
noncompliance determined by the Borough and contained in this chapter.
Any industrial user in significant noncompliance.
Any prohibited discharge.
A spill prevention, control and countermeasure plan prepared
by an industrial user to minimize the likelihood and intensity of
a slug load or spill and to expedite control and cleanup activities
should a slug load or spill occur.
Any discharge of a nonroutine, episodic nature including,
but not limited to, an accidental spill or a customary 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.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The latest edition of "Standard Methods for the Examination
of Water and Wastewater," published by the Water Pollution Control
Federation (Water Environment Federation), the American Public Health
Association and the American Waterworks Association.
Commonwealth of Pennsylvania.
A sewer designed and constructed for the purpose of carrying
stormwater and to which sanitary sewage or industrial wastes are not
intentionally admitted. Stormwater sewers are not a part of the sewage
collection system.
Any flow of water occurring during or following any form
of natural precipitation and resulting therefrom.
The person designated by the Borough to supervise the operation
of the sewage treatment plant and monitor flows in the sewage collection
system, or his duly authorized representative.
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.
A fee as defined and designated as a tapping fee as set forth
in Act of December 19, 1990, P.L. 1227, No. 203, § 1 [53
P.S. § 306.B(t)(1)(iii)], or any successor statute or amendment thereto.[3]
The sum of the dissolved and undissolved solid constituents
of water or wastewater.
The sum of all quantifiable values of various organic pollutants
as determined by the Borough or, for certain categorical industrial
users, as defined in the applicable categorical standard.
A plan submitted in lieu of testing for total toxic organics
in which an industrial user specifies methods of control to assure
that total toxic organics do not routinely enter the sewer system.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of § 307(a) of the
Act, or other acts, or is present in sufficient quantity, either singly
or in combination with other wastewater, so as to present risk of
causing interference or pass-through, causing harm to humans, animals
or plants or creating a hazard to persons or property, either in the
sewage collection system, the sewage treatment plant, or the environment
into which it is released.
Discharge of an unauthorized waste or discharge which otherwise
is not in compliance with the requirements of this chapter.
Any substance which is discharged into the sewage collection
system which is not in compliance with the provisions of this chapter.
Any person who contributes, causes or permits the discharge
of wastewater into the sewer system.
Industrial wastes 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 enters the sewer system.
As set forth in this chapter.
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 portion thereof.
