[Ord. 1985-7, 10/17/1985; as amended by Ord. 1991-8, 9/5/1991,
§ 1; by Ord. 1995-15, 12/21/1995; by Ord. 2005-12, 6/30/2005;
by Ord. 2011-12, 10/6/2011; and by Ord. 2013-05, 7/18/2013, § I]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this chapter shall be as
provided in this section. The term "shall" is mandatory; the term
"may" is permissive.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 125.1 et seq.,
as amended.
Collectively:
The 1969 Agreement, dated December 22, 1969, between the City
of Allentown, as party of the first part, and the Lehigh County Authority,
as party of the second part.
The 1981 Agreement, dated October 1, 1981, by and among the
City of Allentown, as party of the first part, the County of Lehigh,
as party of the second part, the Coplay-Whitehall Sewer Authority,
as party of the third part, the Lehigh County Authority, as party
of the fourth part, the Township of Salisbury, as party of the fifth
part, and the Township of South Whitehall, as party of the sixth part,
including any amendments and/or supplements to either or both of said
agreements at any time constituting a part of either or both agreements.
The Regional Administrator of EPA, Region III.[1]
Industrial waste proposed for discharge into a sanitary sewer
or storm sewer which complies with all provisions of Part 1 through
Part 10 regarding quantity and quality and which:
In the case of proposed discharge into a sanitary sewer is approved
by the designated Township representative on forms provided for such
purpose.
In the case of proposed discharge into a storm sewer, is approved
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania, and the Township, in writing.
If the user is a corporation:
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 decision-making functions
for the corporation.
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that 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 wastewater
discharge permit requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsections (1) through (3) above may designate a duly 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 Township and the City.
[Amended by Ord. No. 2020-04, 10/1/2020]
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in § 2.1 A and B [40 CFR 403.5(a) (1) and (b)]. BMPs
include treatment requirements, operating procedures, management plans,
and practices to control the discharge of pollutants.
Includes, as applicable, each of the following:
An abbreviation for "biochemical oxygen demand," which means
the quantity of oxygen, expressed in parts per million or mg/l, 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/l). The standard laboratory procedure shall be that found
in the latest edition of Standard Methods for the Examination of Water
and Wastewater, published by the American Public Health Association.[2]
The sewer or sewers of a building used to convey sewage and/or
industrial waste to building sewers.
The sewer or sewers from the building drain to the end of
the sewer lateral.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with §§ 307(b) and (c) of the Act which apply to a specific category of users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts 405 – 471.
An industrial user subject to a categorical pretreatment
standard or categorical standard.[3]
The City of Allentown, Lehigh County, Pennsylvania, or the
City Council of Allentown.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.[4]
Any room, group of rooms, building or enclosure used or intended
for use in the operation of one business enterprise for the sale and
distribution of any product, commodity, article or service used or
intended for use for any social, amusement, religious, educational,
charitable or public purpose and containing plumbing facilities for
kitchens, toilet or washing facilities.
The City of Allentown.
[Added by Ord. No. 2020-04, 10/1/2020]
The County of Lehigh, Pennsylvania.
Lehigh County Authority, a Pennsylvania a Pennsylvania Municipal
Authority. Sometimes hereinafter referred to as "Authority," or "the
Authority."
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
For residential customers, the permitted or rated capacity
of facilities expressed in million gallons per day. For nonresidential
customers, design capacity may also be expressed in pounds of BOD5 per day, pounds of suspended solids per day or any
other capacity defining parameter that is separately and specifically
set forth in the permit governing the operation of the system, and
based upon its original design as modified by those regulatory agencies
having jurisdiction over these facilities. The units of measurement
used to express design capacity shall be the same units of measurement
used to express the system design capacity.
The design capacity required by a new residential customer
used in calculating the sewer tapping fees shall not exceed an amount
established by multiplying 90 gallons per capita per day times the
average number of persons per household as established by the most
recent census data provided by the United States Census Bureau. Alternatively,
the design capacity required by a new residential customer shall be
determined by a study, but shall not exceed, the average residential
water consumption per residential customer plus 10% or the average
sewage flow per residential customer determined by a measured sewage
flow study. Such study shall be completed in accordance with sound
engineering practices within the most recent five years for the lesser
of three or all residential subdivisions of more than 10 lots which
have collection systems in good repair and which connected to the
Authority's facilities within the most recent five years. The
study shall calculate the average sewage flow per residential customer
in such developments by measuring actual flows over at least 12 consecutive
months at the points where such developments connected to the Authority's
sewer main.
The person designated by the City to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by the City. The term may also mean a duly authorized representative
of the Director of Public Works. Except as otherwise provided herein,
the Director of Public Works shall administer, implement, and enforce
the provisions of the City of Allentown Ordinance No. 941. Any powers
granted to or duties imposed upon the Director of Public Works shall
be delegated by the Director of Public Works to the Lehigh County
Authority as concessionaire under the concession agreement.
[Amended by Ord. No. 2020-04, 10/1/2020]
Anhydrous residues of the dissolved constituents in water,
sewage, industrial waste, or other liquids, as determined by appropriate
procedures found in the latest edition of Standard Methods for the
Examination of Water and Wastewater.
For residential use, any room, group of rooms, building,
or other enclosure occupied or intended for occupancy as separate
living quarters by a family or other group of persons living together,
or by a person living alone. For nonresidential use, any room, group
of rooms, building, or other enclosure occupied or intended for occupancy
as nonresidential quarters with sewage facilities.
The U.S. Environmental Protection Agency, or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency. The U.S. Environmental Protection Agency,
or, where appropriate, the Regional Water Management Division Director,
or other duly authorized official of said agency.
A measure of sewerage system usage equal to an annual average
flow of sewage per day calculated in accordance with the design capacity
required by a new residential customer. Notwithstanding the foregoing,
each dwelling unit shall be considered to produce one equivalent dwelling
unit of sewage, not including any sewage produced in connection with
nonresidential activities on the property.
[Amended by Ord. No. 2020-04, 10/1/2020]
Any source of discharge, which is not a "new source," the
construction or operation of which commenced prior to the publication
by EPA of proposed categorical pretreatment standards, which will
be applicable to such source if the standard is thereafter promulgated
in accordance with § 307 of the Act.
Solid waste resulting from domestic and commercial preparation,
cooking and dispensing of food, and from handling, storage and sale
of produce.[5]
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
A receptacle designed to intercept, retain and prevent the
passage of oil, volatile flammable liquid, sand, grease, or other
nonsoluble material into the sewerage system or into a storm sewer,
including, but not limited to, a separator.
[Added by Ord. No. 2020-04, 10/1/2020]
Garbage which has been shredded to such a degree that all
its particles will be carried freely under normal sewer flow conditions,
with no particle greater than 1/2 inch in any dimension.
Water which is standing in or passing through the ground.
Any person who, alone, jointly or severally with others,
conducts or operates a tank truck, or trucks, for use in the removal,
transportation and disposal of sewage and industrial waste.[6]
Any property located within the corporate limits of the Township
upon which there is erected a structure or structures intended for
continuous or periodic habitation, occupancy or use by human beings
or animals, and from which structure or structures sewage and/or industrial
waste shall be, or may be, discharged, or any property outside the
corporate limits of the Township upon which there is erected a structure
or structures intended for continuous or periodic habitation, occupancy,
or use by human beings or animals, and from which structure sewage
and/or industrial waste shall be, or may be, discharged, and which
wastes are accepted by the Township into the sewerage system as it
exists now or with any extensions or enlargements which may be made
in the future.[7]
Any room, group of rooms, building, or other enclosure used
or intended for use, in whole or in part, in the operation of one
business enterprise for manufacturing, fabricating, processing, cleaning,
laundering, or assembling any product, commodity, or article, or from
which any process waste, as distinct from sanitary sewage, shall be
discharged.
Solid, liquid or gaseous substances or forms of energy ejected
or escaping in the course of any industrial, manufacturing, trade,
or business process, or in the course of development, recovering,
or processing of natural resources, but not sewage.
The Director of Public Works or a person designated by the
Director of Public Works who is charged with certain duties and responsibilities
by this chapter.
[Added by Ord. No. 2020-04, 10/1/2020]
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
Any room, group of rooms, building, or other enclosure which
does not constitute a commercial establishment, a dwelling unit, or
an industrial establishment.[8]
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 biosolids processes, use,
or disposal; and therefore is a cause of a violation of the City's
NPDES permit or of the prevention of sewage biosolids 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); and state regulations contained in any state
biosolids management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.[9]
[Amended by Ord. No. 2020-04, 10/1/2020]
A licensed plumber who has passed any and all tests and/or
completed any and all training necessary to be a journeyman or master
plumber and/or holds a journeyman's or master plumber's
card/certificate/license. The licensed plumber shall provide a journeyman's
or master plumber's license from a jurisdiction recognized by
Lower Macungie Township. A licensed journeyman or master plumber shall
also be trained and/or experienced in sewer line video inspections.
[Added by Ord. No. 2020-03, 6/18/2020]
A shaft or chamber leading from the surface of the ground
to a sewer, large enough to enable a man to gain access to the latter.
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.[10]
The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during
that month.
The highest allowable average of "daily discharges" over
a calendar month, calculated as the sum of all "daily discharges"
measured during a calendar month divided by the number of "daily discharges"
measured during that month.
Any county, county authority, municipal authority, city,
borough, town, township or school district.
Any improved property in which shall be located more than
one billing unit.
The national system for the issuance of permits under § 402
of the Federal Water Pollution Control Act, as amended, including
any state or interstate program which has been approved by the administrator
of the United States Department of Environmental Protection.
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:
The building, structure, facility, or installation is constructed
at a site at which no other source is located.
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
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.
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.
Construction of a new source as defined under this section has
commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment.
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.
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 subparagraph.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A classification pursuant to the North American Industry
Classification System Manual issued by the United States Office of
Management and Budget.[11]
Any person having charge, care, management or control of
a tank truck or trucks for use in the removal, transportation and
disposal of sewage and industrial wastes.
The principal amount outstanding of any bonds, notes, loans
or other form of indebtedness used to finance or refinance facilities
included in the tapping fee.
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property. Where more than one person is
the owner of any particular parcel of improved property, all such
persons shall be jointly and severally liable for the payment of the
fees and charges imposed under this chapter.
A discharge which exits the POTW into waters of the United
States in quantities of 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 City's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
[Amended by Ord. No. 2020-04, 10/1/2020]
The Plumbing Inspector of the Township, or his duly authorized
representative.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage biosolids, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (including,
but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity, or odor).
[Amended by Ord. No. 2020-04, 10/1/2020]
Any improved property shall be considered accessible to the
sewerage system when the public sewer abuts, bounds, or is adjacent
to, such improved property.
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.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances. These prohibitions appear in § 18-504.
A "treatment works," as defined by § 212 of the
Act, 33 U.S.C. § 1292, which is owned by the City or any
municipality which contributes wastewater to the City's system.
This definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant.[12]
[Amended by Ord. No. 2020-04, 10/1/2020]
A sewer which carries sewage and/or authorized industrial
wastes, and to which storm, surface, and groundwater are not intentionally
admitted.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
A sewer line that directly connects a single building or
structure to a collection facility.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
All facilities within the Township, as of any particular
time, for collecting, transporting, pumping, treating, or disposing
of wastewater which is ultimately conveyed for treatment to the City's
Wastewater Treatment Plant.
Any arrangement of devices and structures used for treating
sewage and authorized industrial waste.
A pipe or conduit for carrying sewage, industrial waste,
or storm or surface water.
The sewer or sewers from the end of the building sewer at
the curb or property line to the public sewer or other place of disposal.
Except as provided in Subsections (3) and (4) of this definition,
a significant industrial user is:
An industrial user subject to categorical pretreatment standards.
A industrial user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling water, 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 plant.
Is designated as such by the City and the Township on the basis
that it has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
[Amended by Ord. No. 2020-04, 10/1/2020]
The City and the Township may determine that an industrial user
subject to categorical pretreatment standards is a nonsignificant
categorical industrial user rather than a significant industrial user
on a finding that the industrial user never discharges more than 100
gallons per day (gpd) of total categorical wastewater (excluding sanitary,
noncontact cooling and boiler blowdown wastewater, unless specifically
included in the pretreatment standard) and the following conditions
are met:
[Amended by Ord. No. 2020-04, 10/1/2020]
Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City and the Township may at any time, on their 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.
[Amended by Ord. No. 2020-04, 10/1/2020]
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards of § 18-504 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.[13]
A sewer owned and/or operated by the Township or a person,
which carries stormwater, surface water, and groundwater, but not
sewage.
[Amended by Ord. No. 2020-04, 10/1/2020]
That portion of the precipitation which runs off over the
surface during a storm, and for such a short period following a storm,
as the flow exceeds the normal or ordinary runoff, including snowmelt.
[Amended by Ord. No. 2020-04, 10/1/2020]
That portion of the precipitation which runs off over the
surface of the ground.
The design capacity of the system for which the tapping fee
is being calculated which represents the total design capacity of
the facility.
Any tank wagon, tank truck, tank car, can or any other container
used for the removal, transportation, and disposal of sewage and industrial
waste.
The sum of free-ammonia and of organic nitrogen compounds
which are converted to ammonium sulfate (NH4) 2SO4 under conditions
specified by Standard Methods for the Examination of Water and Wastewater,
20th Edition, Method 4500, or EPA Method 351.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
[Amended by Ord. No. 2020-04, 10/1/2020]
The Township of Lower Macungie, Lehigh County, Pennsylvania,
a municipality of the Commonwealth of Pennsylvania, acting by and
through its Board of Commissioners or, in appropriate cases, acting
by and through its authorized representatives.[14]
A closed circuit television (CCTV) inspection performed in
accordance with the National Association of Sewer Service Companies
(NASSCO) Lateral Assessment Certification Program. A video inspection
shall include the cleaning of the Building Sewer prior to videoing
the line. A video inspection shall comply with the video inspection
report form available at the Township and shall include a photograph
of the improved property with its address noted.
[Added by Ord. No. 2020-03, 6/18/2020]
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
That portion of the POTW that is designed to provide treatment
of municipal sewage and industrial waste.
A channel in which a flow of water occurs, whether continuously
or intermittently.
The facilities owned by any person and used for the supply
of water in the Township.[15]
[1]
Editor's Note: The former definition of "ASTM," which immediately
followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
[2]
Editor's Note: The former definitions of "BMR" and "BOD5," which immediately followed this definition, were
repealed by Ord. No. 2020-04, 10/1/2020.
[3]
Editor's Note: The former definition of "CFR," which immediately
followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
[4]
Editor's Note: The former definition of "color," which immediately
followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
[5]
Editor's Note: The former definition of "GPD," which immediately
followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
[6]
Editor's Note: The former definition of "Hearing Board," which
immediately followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
[7]
Editor's Note: The former definition of "indirect discharge
or discharge," which immediately followed this definition, was repealed
by Ord. No. 2020-04, 10/1/2020.
[8]
Editor's Note: The former definition of "interceptor," which
immediately followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
[9]
Editor's Note: The former definition of "Manager of Water
Resources," which immediately followed this definition, was repealed
by Ord. No. 2020-04, 10/1/2020.
[10]
Editor's Note: The former definition of "MG/L," which immediately
followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
[11]
Editor's Note: The former definition of "NSCIU," which immediately
followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
[12]
Editor's Note: The former definition of "RCRA," which immediately
followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
[13]
Editor's Note: The former definitions of "SNC" and "Standard
Industrial Classification (SIC) Code or SIC Code," which immediately
followed this definition, were repealed by Ord. No. 2020-04, 10/1/2020.
[14]
Editor's Note: The former definitions of "USC" and "user or
industrial user (IU)," which immediately followed this definition,
were repealed by Ord. No. 2020-04, 10/1/2020.
[15]
Editor's Note: The former definition of "WPCF," which immediately
followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.
