Scope.
The following words, terms and phrases when used in these regulations
shall have the meaning described in this section, except where the
context specifically indicates otherwise:
ACT 537
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, 35 P.S. § 750.1 et seq., as amended from time to time.
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.
ADMINISTRATOR
The administrative entity, including the Borough of Akron, which is appointed by the Borough of Akron to administer the terms and conditions of these regulations pursuant to §
18-304, Subsection
1, hereof.
AUTHORITY
The Akron Borough Authority, Lancaster County, Pennsylvania,
as well as the duly qualified and acting members of the Board thereof
or its authorized deputy, agent, delegates or representative.
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL/COMMERCIAL USER
An authorized representative of an industrial/commercial
user may be:
(1)
FOR A CORPORATIONA responsible corporate officer of the level of President, vice President, secretary or treasurer 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.
(2)
OR ALTERNATIVELY, FOR A CORPORATIONThe manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(3)
A general partner or proprietor of the industrial/commercial
user is a partnership or proprietorship, respectively.
(5)
A duly authorized representative of the individual designated
above if (a) the authorization is made in writing by the individual
or, (b) the authorization specifies either an individual or position
having responsibility for the overall operation of the facilities
from which the indirect discharge originates, such as the position
of plant manager, operator of a well, or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and (c) the written authorization
is submitted to the Borough of Akron and the Administrator.
AVERAGE DAILY FLOW
A measurement of wastewater flow calculated by dividing the
total wastewater flow under consideration for the 30 days immediately
preceding the date of calculation by the number 30.
BEST MANAGEMENT PRACTICES (BMPs)
The schedules of activities, prohibitions of practice, maintenance
procedures and other management practices to implement the prohibitions
listed in this Part. BMPs also include treatment requirements, operating
procedures and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
BIOSOLIDS
Nutrient-rich organic material resulting from the reclamation
of wastewater.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures, for five days
at 20° C. usually expressed as a concentration in milligrams per
liter (m/l). The standard laboratory procedure shall be that found
in the latest E.P.A. approved edition of Standard Methods, published
by the American Public Health Association, et al.
BOROUGH OF AKRON
The Borough of Akron, Lancaster County, Pennsylvania or its
authorized deputy, agent or representative.
BOROUGH OF EPHRATA
The Borough of Ephrata, Lancaster County, Pennsylvania or
its authorized deputy, agent or representative.
BOROUGHS OF AKRON OR EPHRATA
Either or both of the Borough of Akron and/or the Borough
of Ephrata, as the case may be, as the provisions of these regulations
may be applicable under the circumstances.
BYPASS
The intentional diversion of waste streams from any portion
of an industrial/commercial user's treatment facility.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by E.P.A. in accordance with §§ 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR, Chapter
I, Subchapter N, Parts 405-471.
COLLECTION SYSTEM
All of the wastewater collection facilities constructed or
to be constructed which are owned or operated by the Borough of Akron,
which conveys wastewater toward the facilities including, but not
limited to, sewers, interceptors, force mains, metering devices, pumping
stations and other appurtenances.
COMPOSITE WASTEWATER SAMPLE
A combination of individual samples of water or wastewater
collected at selected intervals, generally hourly for some specific
period, to minimize the effect of the variability of the individual
sample. Individual samples may have equal volume or may be roughly
proportioned to the flow at the time of sampling.
CONTROL AGENCIES
The DEP, EPA and any and all governmental agencies, including
the Boroughs of Akron and Ephrata and the Administrator, which have
a right to control treatment, transportation and disposal of wastewater.
COOLING WATER
The water discharged from any use such as air-conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat and/or antiscaling or fungicidal chemicals.
DEP
The Department of Environmental Protection of the Commonwealth
or any successor thereto.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth.
DISSOLVED SOLIDS
The anhydrous residues of the dissolved constituents in water
or wastewater as determined by the standard laboratory procedure set
forth in the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association,
et al.
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.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commences prior to the publication by E.P.A. 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.
FACILITIES
Plant No. 1, and the collection system, collectively, together
with all capital additions.
GARBAGE
The animal and vegetable solid waste resulting from the domestic
and commercial preparation, cooking and dispensing of food and from
handling, storage, and sale of produce.
GRAB SAMPLE
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.
GROUND WATER
Water which is contained in or passing through the ground.
HOLDING TANK WASTE
Any waste from tank trucks, pump trucks, holding tanks, septic
tanks, chemical toilets, campers, trailers or similar devices delivering
waste of a sanitary and/or domestic origin.
INDIRECT DISCHARGE
The introduction of pollutants into the POTW from any nondomestic
source regulated under § 307(b), (c) or (d) of the Act.
INDUSTRIAL PRETREATMENT PROGRAM
A program administered by the owner of the POTW that meets
the criteria established in 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 and which has been approved by the Borough of Akron,
which approval shall not be unreasonably withheld by the Borough of
Akron.
INDUSTRIAL USERS AND INDUSTRIAL/COMMERCIAL USERS
A source engaged in commercial or industrial activities 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 WASTE/INDUSTRIAL WASTEWATER
Solid, liquid or gaseous substances, water borne waste or
form of energy discharged 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 sanitary wastewater.
Including any and all wastes, other than sanitary wastewater, discharged
from industrial establishments, certain commercial establishments,
including but not limited to hospitals and restaurants, and other
similar business or institutional activities, and additionally in
any other respects as such term is defined in the Pennsylvania Clean
Streams Law, Act of June 22, 1937, as amended, 35 P.S. § 691.1
et seq. (the "Clean Streams Law").
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the facilities,
including the POTW's, their treatment processes or operations, or
its biosolids processes, use or disposal; and therefore, is a cause
of:
(1)
A violation of any requirement of the NPDES permit (including
an increase in the magnitude or duration of a violation).
(2)
The prevention of biosolids use or disposal by the POTW in accordance
with § 405 of the Act, or any criteria, guidelines, or regulations
developed pursuant to the Solids Waste Disposal Act (SWDA) including
Title II, more commonly referred to as the Resource Conservation and
Recovery Act (RCRA), the Clean Air Act, the Toxic Substances Control
Act, the Marine Protection, Research and Sanctuaries Act, or more
stringent state criteria, including those contained in any state sludge
management plan prepared pursuant to Title IV (Subtitle D) of SWDA
applicable to the method of disposal or use employed by the POTW.
MANHOLE
A structure leading from the surface of the ground to a sewer,
permitting access to the sewer.
mg/l
Milligrams per liter.
MGD
A million gallons per day, based on average daily flow.
MUNICIPAL OWNER
The municipality and/or municipal authority that owns any
portion of any collection system that may be used for the conveyance
of sanitary wastewater and/or industrial wastewater form a user.
MUNICIPALLY
Any County, county authority, municipal authority, city,
Borough, township, or school district. A general purpose unit of local
government.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
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 and which appears in 40 CFR, Chapter
I, Subchapter N, 405-471. (Same as "categorical pretreatment standard" or "categorical standard.")
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.
c)
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 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 modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of subparagraphs (1) (b) or (1)(c) above but
otherwise alters, replaces or adds to existing process or production
equipment.
(3)
Construction of a new source as defined under this subparagraph
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.
2)
Significant site preparation work including clearing, excavation
or removal of existing buildings, structures or facilities which is
necessary for placement, assembly or installation of new source facilities
or equipment.
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
of feasibility, engineering and design studies do not constitute a
contractual obligation under this subparagraph.
NEW USER
A new connection generating a new sewage flow and/or an existing
customer and point of connection that is either:
(1)
Applying for an increase in building size or sewer usage by
way of land development approval or planning module approval or application
for reserved sewer capacity.
(2)
An existing customer at an existing point of connection or a
new point of connection who is or is not expanding or modifying their
building but who is expanding, changing or intensifying the use of
their property in such a way as to add residential dwelling units
or commercial or industrial establishments or portions thereof or
change or intensify the use of the property served by the facilities.
(3)
An existing customer at an existing point of connection who
is not expanding their building or changing their usage but is generating
a substantial increase in flow, with their existing facilities.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
PASS THROUGH
A discharge which exits the POTW into the 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 any applicable NPDES permit (including
an increase in the magnitude and duration of violation).
PEAK FLOW
Any flow which exceeds 1.7 times the average daily flow.
PERSON
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. The masculine gender shall include the feminine and/or
neuter, and the singular shall include the plural where indicated
by the context.
pH
The reciprocal of the logarithm, Base 10, of the hydrogen
ion concentration, and is used as an indicator of the acidity or alkalinity
of a solution, expressed in standard units.
PLANT NO. 1
The sewage treatment plant and facilities, located in Ephrata
Borough, owned by Ephrata Borough Authority and operated by Ephrata,
together with any capital additions thereto.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, biosolids, munitions, filter backwash, medical
wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt and
industrial, municipal, and agricultural waste and certain characteristics
of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity, or odor).
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
POTW
See "publicly owned treatment works."
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 the facilities and/or a POTW. The 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.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a national pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS or POTW
A "treatment works" as defined by § 212 of the
Act, 33 U.S.C. § 1292, and relating solely to Plant No.
1, which is owned by Ephrata Borough, Borough Sewer Authority, Ephrata
Borough Authority or a municipal owner. This definition includes any
devices and systems used in the collection, storage, treatment recycling
and reclamation of sewage or industrial wastes of a liquid nature
It also includes pipes, sewers, and other conveyances only if they
convey wastewater to a POTW treatment plant.
REQUIREMENT(S)
Case law, statutes, regulations, rules, guidelines, policies,
permits, approvals and other standards or requirements of control
agencies.
SANITARY SEWER
A sewer which carries sanitary wastewater and/or authorized
industrial/commercial wastes and to which storm, surface, and ground
waters are not intentionally admitted.
SANITARY WASTEWATER
All normal water-carried household and toilet waste from
kitchens, water closets, lavatories, laundries and bathrooms, especially,
but not limited to, wastes typical to households, from sanitary conveniences
wherever located or existing.
SEPTIC TANK WASTE
Waste from a settling tank in which settled sludge is in
immediate contact with the wastewater flowing through the tank and
the organic solids are decomposed by anaerobic bacterial action.
SEWAGE
All water-carried waste defined as sewage in Act 537, including
sanitary wastewater and industrial wastewater.
SEWAGE SERVICE AGREEMENT (or the "AGREEMENT")
The wastewater treatment services agreement dated January
1, 1981 by and among the Borough of Ephrata, the Borough of Denver,
the Borough of Akron, the Township of East Cocalico, the Township
of Ephrata, the Ephrata Borough Authority and the East Cocalico Township
Authority, as it may have been amended by a First Supplemental Waste
Water Treatment Services Agreement dated the fifth day of May, 1983
and any subsequent amendments thereto executed in writing by all the
parties thereto, setting forth the provisions for providing conveyance
and treatment of sanitary sewage and industrial waste by the Borough
of Ephrata as to Plant No. 1 and providing for the sharing of costs
and responsibilities of the Municipalities and their Authorities,
including the Borough of Ephrata and its Authority for this conveyance
and treatment.
SEWER
A pipe or conduit for carrying wastewater, or unauthorized
industrial/commercial waste.
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER (S.I.U)
(1)
A user subject to categorical pretreatment standards.
(2)
A user that:
a)
Discharges an average of 25,000 gallons per day or more of process
wastewater to the facilities and/or POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater).
b)
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of Plant
No. 1.
c)
Has in its wastes toxic pollutants as defined pursuant to § 307
of the Act or Pennsylvania statutes and rules.
d)
Is designated as such by the Borough of Ephrata, Borough of
Akron, DEP, the Administrator, or the EPA on the basis that it has
a reasonable potential for adversely affecting the facilities operation
and/or the POTW's operation or for violating any pretreatment standard
or requirement.
(3)
Upon a finding that a user meeting the criteria in clause (b)
has reasonable potential for adversely affecting the facilities; and/or
the POTW's operation or for violating any pretreatment standard or
requirement, the Borough of Ephrata or the Borough of Akron may at
any time, on its 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.
SIGNIFICANT NONCOMPLIANCE (SNC) FOR SIGNIFICANT INDUSTRIAL USERS
(SIUS)
(1)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the wastewater measurements,
including laboratory analyses taken during a six-month period, exceed
a numeric pretreatment standard or requirement or instantaneous limits
by any amount.
(2)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the wastewater measurements,
including laboratory analyses for each pollutant parameter taken during
a six-month period, equals or exceeds the product of the numeric pretreatment
standard or requirement including instantaneous limits multiplied
by the applicable factors listed herein. The TRC factors are listed
as follows: 1.4 for BOD, SS and fats, oils and grease and 1.2 for
all other pollutants except pH.
(3)
Any other discharge violation of a pretreatment standard or
requirement that the Borough determines has caused, alone or in combination
with other discharges, interference or pass-through or has endangered
the health of POTW personnel or the general public.
(4)
Any discharge of a pollutant that has caused an imminent endangerment
to the public or to the environment or has resulted in the Borough's
exercise of its emergency authority to halt or prevent such a discharge.
(5)
Failure to meet, within 90 days after the scheduled date, a
compliance schedule milestone contained in an industrial waste discharge
permit or enforcement order for starting construction, completing
construction or attaining final compliance.
(6)
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, 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 which the Borough determines
will adversely affect the operation of the facilities or the implementation
of the Borough's pretreatment program.
SLUDGE
The accumulated solids separated from liquids, such as wastewater,
during processing, and/or the precipitate resulting from coagulation
or sedimentation of wastewater.
SLUG or SLUG LOAD
A discharge at a flow rate or concentration which could cause
a violation of the prohibited discharge standards including, but not
limited to, an accidental spill or noncustomary batch discharge.
STANDARD METHODS
An abbreviated expression used to denote Standard Methods
for the Examination of Water and Waste Water, a manual published by
the American Public Health Association specifying official analytical
procedures for the measurement of wastewater parameters.
STATE
Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snow
melt.
SUPERINTENDENT
The person(s) designated by the Borough of Akron or Borough
of Ephrata to supervise the operation of the respective Boroughs'
facilities and who is charged with certain duties and responsibilities
by this Part, the Administrator, or their duly authorized representative.
TOTAL SOLIDS
The sum of dissolved and undissolved constituents in water
or wastewater as determined by laboratory analysis in accordance with
Standard Methods.
TOTAL SUSPENDED SOLIDS (TSS)
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 SUBSTANCES
Any substance or combination of substances that:
(1)
Is listed as toxic in regulations promulgated by the Administrator
of the Environmental Protection Agency under the provisions of § 307(a)
of the Act, or other Acts.
(2)
Is present in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with the operation of the
facilities, including any wastewater treatment process, to constitute
a hazard to humans or animals, to create a public nuisance, or to
create any hazard in the wastewater system or in the receiving waters
of the POTW.
UNAUTHORIZED WASTE
Any waste which is not in compliance with the provisions
of these regulations, or which is discharged into the wastewater system
by a person in violation of any provision contained in these regulations.
USER
A source of indirect discharge or wastewater into the facilities
and/or any person who contributes, causes or permits contribution
of discharge or wastewater into the POTW.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any ground water, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the facilities.
WASTEWATER SYSTEM
The wastewater collection systems, interceptor systems and
treatment plants, operated by the municipalities and/or their authorities
and which directs flow to the Ephrata Wastewater Treatment Plant.
WATERS OF THE COMMONWEALTH
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the Commonwealth or any portion
thereof.
Any other term used herein shall be defined by the definitions
established in the following documents:
(1)
The wastewater treatment services agreement dated January 1,
1981, by and among the Borough of Ephrata, the Borough of Denver,
the Borough of Akron, the Township of East Cocalico, the Township
of Ephrata, the Ephrata Borough Authority and the East Cocalico Township
Authority, as it may have been amended by a first supplemental wastewater
treatment services agreement dated the first day of May, 1983, and
any subsequent amendments thereto executed in writing by all the parties
thereto.
(2)
The Department of Environmental Protection of the Commonwealth
of Pennsylvania regulations and, if none appear there.
(3)
The U.S. Environmental Protection Agency regulations.