[Ord. 1985-7, 10/17/1985; Ord. 1991-8, 9/5/1991, § 1; Ord. 1995-15, 12/21/1995; Ord. 2005-12, 6/30/2005; Ord. 2011-12, 10/6/2011; Ord. 2013-05, 7/18/2013, § I; Ord. No. 2020-03, 6/18/2020; Ord. No. 2020-04, 10/1/2020; Ord. No. 2020-04, 10/1/2020; Ord. No. 2025-06, 12/18/2025]
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.
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.
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.
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.
An industrial user subject to a categorical pretreatment standard or categorical standard.
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.
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.
A development where multiple parties own individual units or lots, and share ownership, control or use of common areas and amenities, sometimes managed or governed by a homeowners' association, community association, or property management company. Examples of common interest developments include, but are not limited to, condominiums, planned communities, manufactured home communities, community apartment projects (in which the units are individually owned), and stock cooperatives.
The corporation, association, trust, or other entity that owns, manages and maintains the common elements, common areas, or other community property of a common interest development, including, but not limited to, the building sewers, private sewer laterals, and private sewer mains of the common interest development.
The City of Allentown.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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:
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.
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.
A sewer owned and/or operated by the Township or a person, which carries stormwater, surface water, and groundwater, but not sewage.
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.
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.
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.[1]
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.
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.[2]
[1]
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.
[2]
Editor's Note: The former definition of "WPCF," which immediately followed this definition, was repealed by Ord. No. 2020-04, 10/1/2020.