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.
APPROVAL AUTHORITY
The Regional Administrator in an NPDES state with an approved
state pretreatment program and the Regional Administrator in a non-NPDES
state or NPDES state without an approved state pretreatment program.
APPROVED PRETREATMENT PROGRAM or PRETREATMENT PROGRAM
The program administered by the City of Lower Burrell and
the Municipal Sanitary Authority of the City of New Kensington that
meets the criteria established by 40 CFR 403.8 and 403.9 and which
has been approved by a Regional Administrator or State Director in
accordance with 40 CFR 403.11.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of industrial user may be:
(1)
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation.
(2)
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively.
(3)
A duly authorized representative of the individual designated in Subsection
(1) or
(2) if:
(b)
The authorization specifies either an individual or person having
responsibility for the overall responsibility for environmental matters
for the company; and
(c)
Written authorization is submitted to the control authority.
(4)
If an authorization individual or position has responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection
(3) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
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 concentration [milligrams per liter
(mg/l)].
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to the wastewater system of the City of Lower Burrell or the Municipal
Sanitary Authority of the City of New Kensington.
COOLING WATER
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
CONTROL AUTHORITY
The "approval authority," defined hereinabove; or the Manager
of the Municipal Sanitary Authority of the City of New Kensington
if there is an approved pretreatment program applicable under the
provisions of 40 CFR 403.11.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
DIRECTOR
The chief administrative officer of a state or interstate
water pollution control agency with an NPDES permit program approved
pursuant to § 402(b) of the Act and an approved state pretreatment
program.
ENVIRONMENTAL PROTECTION AGENCY or 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, trailer, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants into the
sewage treatment plant of the Municipal Sanitary Authority of the
City of New Kensington from any source regulated under § 307(b),
(c) or (d) of the Act (33 U.S.C. § 1317).
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
(1)
Inhibits or disrupts the sewage treatment plant of the Municipal
Sanitary Authority of the City of New Kensington, its treatment processes
or operations, or its sludge processes, use or disposal; and
(2)
Therefore is a cause of a violation of any requirements of the
Municipal Sanitary Authority of the City of New Kensington sewage
treatment plant'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): § 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 Substance Control Act, and the Marine Protection, Research
and Sanctuaries Act.
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; or
(c)
The production of 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.
(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) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(3)
Construction of a "new source" has commenced if the owner or
operator has:
(a)
Begun, or caused to begin as part of a continuous on-site construction
program:
[1]
Any placement, assembly, or installation of facilities or equipment;
or
[2]
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; or
(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 loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this section.
NPDES STATE
A state (as defined in 40 CFR 122.2) or interstate water
pollution control agency with an NPDES permit program approved pursuant
to § 402(b) of the Act.
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 or duration of a violation).
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works as defined by § 212 of the Act,
which is owned by a state or municipality [as defined by § 502(4)
of the Act]. This definition includes any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers,
pipes and other conveyances only if they convey wastewater to a POTW
treatment plant. The term also includes the municipality as defined
in § 502(4) of the Act, which has jurisdiction over the
indirect discharges to and the discharges from such a treatment works.
Within the context of this, the term "POTW" specifically refers to
the Municipal Sanitary Authority of the City of New Kensington Sewage
Treatment Plant.
POTW TREATMENT PLANT
The portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.
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 discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical or biological processes, process changes or
by other means, except as prohibited by 40 CFR 403.6(d). Appropriate
pretreatment technology includes control equipment, such as equalization
tanks or facilities, for protection against surges or slug loadings
that might interfere with or otherwise be incompatible with the POTW.
However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater
from another regulated process, the effluent from the equalization
facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on an industrial
user.
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
(1)
Except as provided in Subsection
(2) of this definition, a significant industrial user of the wastewater disposal system of the Municipal Sanitary Authority of the City of New Kensington is defined as:
(a)
All industrial users subject to categorical pretreatment standards
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(b)
Any other industrial user that:
[1]
Discharges an average of 25,000 gallons per average work day
or more of process wastewater to POTW (excluding sanitary, non-contract
cooling and boiler blowdown wastewater);
[2]
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;
[3]
Has in their wastes toxic pollutants as defined pursuant to
§ 307 of the Act;
[4]
Is found by the City of New Kensington, Municipal Sanitary Authority
of the City of New Kensington, State Control Agency, or the U.S. 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 steam; or
[5]
Is designated as such by the control authority 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
(1) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user unless the industrial user is classified as a categorical industrial user.
SIGNIFICANT NONCOMPLIANCE
An industrial user is in significant noncompliance if its
violation meets one or more of these criteria, among others listed
in 40 CFR 403.8:
[Amended 7-14-2008 by Ord. No. 3-2008]
(1)
Chronic violations of wastewater discharge limits, defined as
those in which 66% or more of all of the 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 as those
in which 33% or more of all of the measurements taken for the same
pollutant parameter taken during a six-month period equal or exceed
the product of the numeric pretreatment standard or requirement, including
instantaneous limits defined by 40 CFR 403.3(1) multiplied by the
applicable TRC [TRC = 1.4 for Biochemical Oxygen Demand (BOD), Total
Suspended Solids (TSS), Oil and Grease, and 1.2 for all other parameters
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 POTW 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).
(4)
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment, or has resulted in
the POTW's exercise of its emergency authority under Paragraph (f)(1)(vi)(B)
of 40 CFR 403 to halt or prevent such a discharge.
(5)
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.
(6)
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.
(7)
Failure to accurately report noncompliance.
(8)
Any other violation or group of violations which may include
a violation of best management practices (BMPs), which the POTW determines
will adversely affect the operation or implementation of the local
pretreatment program.
STATE
Commonwealth 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.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUBMISSION
(1)
A request by the Municipal Sanitary Authority of the City of
New Kensington for approval of a pretreatment program to the EPA or
a director.
(2)
A request by the Municipal Sanitary Authority of the City of
New Kensington to the EPA or a director for authority to revise the
discharge limits in categorical pretreatment standards to reflect
sewage treatment plant pollutant removals.
(3)
A request to the EPA by an NPDES state for approval of its state
pretreatment program.
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.
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 Section 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,
whether treated or untreated, which is contributed into or permitted
to enter the POTW.
WATER MANAGEMENT DIVISION DIRECTOR
One of the directors of the Water Management Divisions within
the regional offices of the Environmental Protection Agency or this
person's delegated representative.
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 portion thereof.