[Amended 12-7-1992 by Ord. No. 202]
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part
2, shall have the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITYThe Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USERAn authorized representative of an industrial user may be:
A. A principal executive officer of at least the level of Vice President, if the industrial user is a corporation.
A general partner or proprietorship, respectively.
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
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 weight and concentration [milligrams per liter (mg/l)].
BUILDING SEWERA sewer conveying wastewater from the premises of a user to the POTW.
CONTROL AUTHORITYThe term "control authority" shall refer to the approval authority, defined hereinabove; or the General Manager if PCMA has an approved pretreatment program under the provisions of 40 CFR 403.11.
COOLING WATERThe water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DIRECT DISCHARGEThe discharge of treated or untreated wastewater directly to the waters of the State of Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY or EPAThe United States 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.
GENERAL MANAGERThe person designated by PCMA POTW to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Part
2, or his duly authorized representative.
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.
HARMFUL CONTRIBUTIONAny actual or threatened discharge which the POTW has reason to believe presents:
A. Endangerment to the health and welfare of persons or of the environment.
Interference with the operation of the POTW.
Imminent violation of any condition of the POTW's NPDES permit.
HOLDING TANK WASTEAny waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
INDIRECT DISCHARGEThe discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act, (33 U.S.C § 1317), into the POTW (including holding tank waste discharge into the system).
INDUSTRIAL USERA source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
INDUSTRIAL USER UPSETAn exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or improper operation.
INTERFERENCEThe inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of PCMA's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act, 33 U.S.C. § 1345, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
MUNICIPALITIESThe Township of Pine Creek, Dunnstable, the Wayne Township Municipal Authority, the Borough of Avis, Clinton County, Pennsylvania.
NEW SOURCEAny source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the federal register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
PASS-THROUGHA 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 PCMA's NPDES permit; or
An increase in the magnitude or duration of a violation of any requirement of PCMA's NPDES permit.
PERSONAny individual, partnership, copartnership, firm, company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pHThe logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANTAny dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.
POLLUTIONThe man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
PRETREATMENTThe 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 POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d), or other applicable regulation or law.
PRETREATMENT REQUIREMENTSAny substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PUBLICLY OWNED TREATMENT WORKS (POTW)A treatment works as defined by § 212 of the Act, 33 U.S.C. § 1292, which is owned and operated in this instance by PCMA. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purpose of this Part
2, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the municipalities who are, by contract or agreement with the municipalities, users of the municipalities' POTW.
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USERA. Any industrial user of PCMA's or the municipalities' wastewater disposal system who:
(1) Has a discharge flow of 25,000 gallons or more per average work day; or
Has a flow greater than 5% of the flow in the municipalities' wastewater treatment system; or
Has in his wastes toxic pollutants as defined pursuant to § 307 of the Act or Pennsylvania statutes and rules; or
Is found by PCMA, The Pennsylvania Department of Environmental Protection, or the Environmental Protection Agency (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 system.
This term shall also refer to any nonindustrial person or entity required by law to pretreat its wastewater.
SIGNIFICANT NONCOMPLIANCEOne or more of the following:
A. Chronic violation of the same pollutant parameters, which will be considered to exist in every case where the parameter (including either the daily maximum limit or the average limit) is exceeded 66% of the time during a six-month period;
Technical review criteria (TRC) violations, currently defined as those in which 33% or more of all the measurements taken during a six-month period meet or exceed the product of the applicable limit and the TRC value (1.4 for conventional pollutants and 1.2 for toxic pollutants);
A violation of pass-through or interference;
A discharge of imminent endangerment to human health, welfare, or the environment, or which required the POTW to use its emergency measure authority;
Violation of a compliance schedule milestone by 90 days;
Violation of a report submittal deadline by 30 days;
Failure to report noncompliance; or
Any other violation deemed significant by the control authority.
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.
STATECommonwealth of Pennsylvania.
STORMWATERAny flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDSThe total suspended matter that floats on the surface of, or in suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
TOXIC POLLUTANTAny pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA § 307(a) or other Acts.
USERAny person who contributes, causes or permits the contribution of wastewater into the municipalities' POTW.
WASTEWATERThe liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WATERS OF THE STATEAll 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.