[Ord. No. 227, 9/5/2006]
This Part sets forth uniform requirements for users of the publicly owned treatment works (POTW) for Amity Township and enables the Township to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this Part are:
(a) 
To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;
(b) 
To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;
(c) 
To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;
(d) 
To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;
(e) 
To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and
(f) 
To enable the Township to comply with its NPDES permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.
This Part shall apply to all users of the POTW. This Part authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
[Ord. No. 227, 9/5/2006]
Except as otherwise provided herein, Amity Township personnel, or their designated representatives, shall administer, implement, and enforce the provisions of this Part.
[Ord. No. 227, 9/5/2006]
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part, shall have the meanings hereinafter designated.
ACT OR THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
U.S. Environmental Protection Agency, Region III, Philadelphia, Pennsylvania.
AUTHORIZED REPRESENTATIVE OF THE USER
(a) 
If the user is a corporation:
(1) 
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; or
(2) 
The manager of one or more manufacturing, production or operation facilities, if authority to sign documents has been assigned or delegated to the manager;
(b) 
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively;
(c) 
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 his/her designee.
(d) 
The individuals described in Subsections (a) through (c) above may designate another 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.
BUILDING SEWER
The extension from the sewage drainage system of any building or structure to the lateral of a sewer.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD5)
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 [milligrams per liter (mg/L)].
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 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 1, Subchapter N, Parts 405-471.
CHLORINE DEMAND
The quantity of chlorine absorbed in water, sewage, or other liquids, allowing a residual of 0.1 ppm after 15 minutes of contact.
COLOR
The optical density at a visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to 0.0 optical density.
COMMERCIAL CONNECTION
A user who discharges domestic wastewater and wastewater generated from preparation or supplying commodities and services such as restaurants, car washes, gasoline stations, and laundromats.
COMMERCIAL WASTE DISCHARGE PERMIT
A permit to discharge liquid wastes which are not considered industrial or domestic waste to the POTW.
COMPOSITE SAMPLE
The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
COOLING WATER
The water discharged from any system of condensation such as air conditioning, cooling, or refrigeration.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of Pennsylvania.
DISSOLVED SOLIDS
The anhydrous residues of the dissolved constituents in water or wastewater.
DOMESTIC WASTE
The normal water carrying household and toilet wastes from residences, business buildings, institutions, and industrial establishments.
DWELLING UNIT
Any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as a separate business or as separate living quarters by a family or other group of persons living together or by a person living alone.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
EQUIVALENT DWELLING UNIT (EDU)
For the purpose of determining the connected EDU's to the collection system and projecting future flows to the wastewater treatment facility, EDU's shall be calculated as follows: The quantity of flow which is equivalent to the average amount of water consumed by a single residential unit. The number of EDU's assigned to a residential dwelling unit, regardless of water consumption (or sewage flow) of the industrial or other nonresidential user by the average quarterly water consumption of a residential unit during the previous year. The minimum number of EDU's assigned to any user shall be one.
EXISTING SOURCE
Any source of discharge, 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 Section 307 of the Act.
GARBAGE
Solid waste resulting from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
GROUND GARBAGE
Garbage that has been shredded to such a degree that all its particles shall be carried freely under normal sewage flow conditions, with no particle greater than 1/2 inch (in any dimension.
GROUND WATER
Water which is standing in or passing through the ground.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
IMPROVED PROPERTY
Any property located within the Township upon which there is erected a building or structure intended for continuous or periodic habitation, occupancy, or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
INDIRECT DISCHARGE OR DISCHARGE
The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
INDUSTRIAL COST RECOVERY
A charge imposed upon industrial users of the treatment plant to recover the treatment works capital expenditure used for the treatment of industrial wastes.
INDUSTRIAL ESTABLISHMENT
Any improved property used, in whole or in part, for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article, or from which any process waste, as distinct from domestic waste, shall be discharged.
INDUSTRIAL USER
A source of indirect discharge industrial waste which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTE
Any liquid or gaseous substance, whether or not solids are contained therein, discharged from any industrial establishment during the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.
INDUSTRIAL WASTE PERMIT
A permit to deposit or discharge liquid industrial wastes into the POTW.
INFILTRATION
The water entering a sewer system and service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections and/or manhole walls. Infiltration does not include, and is distinguished from, inflow.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow without distinguishing the source. Also known as extraneous flow.
INFLOW
The water discarded into a sewer system and service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration (or loadings) 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.
INTERFERENCE
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 sludge processes, use or disposal; and therefore, is a cause of a violation of the Township's NPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
LATERAL
That part of the sewer system extending from a sewer to the curb line or, if there shall be no curb line, to the property line or, if no such lateral shall be provided, then lateral shall mean that portion of or place in the sewer which is provided for connection of any building sewer.
MANHOLE
A shaft or chamber leading from the surface of the ground to a sewer; large enough to enable a person to gain access to the latter.
MAY
Permissive. "Shall" is mandatory.
MEDICAL WASTE
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.
MG/L
Milligrams per liter. Equivalent to parts per million (ppm) by weight.
MULTIPLE DWELLING
Any improved property in which shall be located more than one dwelling unit.
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NEW SOURCE
(a) 
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 Section 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:
(1) 
The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(2) 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3) 
The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general activity as the existing source, should be considered.
(b) 
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 (a)(1), (2) or (3) above but otherwise alters, replaces or adds to existing process or production equipment.
(c) 
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
(1) 
Begun, or caused to begin as part of a continuous on-site construction program:
(i) 
Any placement, assembly, or installation of facilities or equipment; or
(ii) 
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 a new source facilities or equipment; or
(2) 
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 paragraph.
NON-CONTACT COOLING WATER
Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
NORMAL STRENGTH WASTE
Sewage when analyzed or caused to be analyzed by the Township shows a daily average of not more than 250 mg/L of total suspended solids, 300 mg/L of CBOD5, 500 mg/L of dissolved solids, and/or 25 mg/L of ammonia nitrogen.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PASS THROUGH
A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Township's NPDES permit (including an increase in the magnitude or duration of a violation).
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. This definition includes all federal, state, any local governmental entities.
PH
A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, 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 [i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor].
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
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) 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).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS
Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 23-330 of this Part.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A "treatment works," as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the Township. 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. The term also means the Township.
RECEIVING WATER
The Schuylkill River.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SANITARY SEWER
Any pipe or conduit constituting a part of the sewer system, or usable for sewage collection purposes.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dishwashing operations, etc.)
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, pumping, transporting, conveying, treatment and disposing of sanitary sewage and/or industrial wastes, to be owned and operated by the Township.
SHALL
Mandatory. "May" is permissive.
SIGNIFICANT INDUSTRIAL USER
(a) 
A user subject to categorical pretreatment standards; or
(b) 
A user that:
(1) 
Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or
(2) 
Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(3) 
Is designated as such by 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.
(c) 
Upon a finding that a user meeting the criteria in Subsection (b)(2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Township 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)
This denotes that the circumstances of a particular violation are severe enough to meet the following criteria for significant noncompliance (SNC):
(a) 
Violations of wastewater discharge limits.
(1) 
Chronic Violations: 66% or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of exceedance).
(2) 
Technical Review Criteria (TRC) Violations: 33% or more of the measurements exceed the same daily maximum limit or the same average limit by more than the following TRC in a six-month period.
Group 1 for conventional pollutants (BOD, TSS, fats, oil and grease): TRC = 1.4.
Group 2 for all other pollutants, except pH: TRC = 1.2.
(3) 
Any other violation(s) of an effluent limit that Amity Township believes has caused, alone (e.g., slug loads) or in combination with other discharges, interference or pass-through; or endangered the health of the sewage treatment personnel or the public.
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the exercise of emergency authority to halt or prevent such a discharge.
(b) 
Violations of compliance schedule milestones contained in enforcement orders as well as schedules contained in the Industrial Discharge Permits, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.
(c) 
Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, ninety day compliance reports, and periodic reports) within 30 days from the due date.
(d) 
Failure to accurately report noncompliance.
(e) 
Any other violation or group of violations that the Township considers to be significant because it may adversely affect the operation or implementation of the Pretreatment Program.
SLUG LOAD OR SLUG
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 23-330 of this Part.
SPECIAL USE PERMIT
A permit to discharge liquid wastes which are not considered commercial, industrial, or domestic wastes to the POTW.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STATE
The Commonwealth of Pennsylvania.
STORM WATER
Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
STRONG WASTE
Any waste having a CBOD5, suspended solids, dissolved solids or ammonia nitrogen concentration in excess of that found in normal domestic waste, but which is otherwise acceptable into a public sewer under the terms of this Part.
STRONG WASTE SURCHARGE
A charge levied on any user of the treatment works of the POTW for the additional cost of treating strong wastes.
SUPERINTENDENT
The person designated by the Township to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Part, or a duly authorized representative.
SURFACE WATER
That portion of the precipitation which runs off over the surface of the ground.
SUSPENDED SOLIDS
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.
TAPPING FEE
A fee charged for the privilege to connect a new EDU to the sanitary sewer system. The fee is established in conformance with Commonwealth of Pennsylvania Act 203 and Act 209 of 1990 and as amended.
TOTAL SOLIDS
Solids that either float on the surface of, or are in suspension, or dissolved in water, sewage, or other liquids, and which are determined by appropriate procedures found in the latest edition of Standard Methods for the Examination of Water and Sewage published by the American Public Health Association.
TOWNSHIP
The Township of Amity, Berks County, Pennsylvania, a Pennsylvania municipality, acting by and through its Board of Supervisors or, in appropriate cases, by and through its authorized representatives.
TOXIC POLLUTANT
One of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by EPA under Section 307 (33 U.S.C. § 1317) of the Act.
TOXIC SUBSTANCE
Any noxious and/or deleterious substance in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in any sewer system or in the receiving stream of the sewage treatment plant.
TREATMENT PLANT EFFLUENT
The discharge from the POTW into waters of the United States.
USER OR INDUSTRIAL USER
A source of indirect discharge.
WASTEWATER
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.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
[Ord. No. 227, 9/5/2006]
The following abbreviations have the designated meanings:
CBOD5
Five-day carbonaceous biochemical oxygen demand.
CFR
Code of Federal Regulations.
COD
Chemical oxygen demand.
EPA
U.S. Environmental Protection Agency.
GPD
Gallons per day.
L
Liter.
MG
Milligrams.
MG/L
Milligrams per liter.
NPDES
National Pollutant Discharge Elimination System.
O&M
Operation and maintenance.
POTW
Publicly owned treatment works.
RCRA
Resource Conservation and Recovery Act.
SIC
Standard Industrial Classification.
SWDA
Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.).
TSS
Total suspended solids.
USC
United States Code.