Unless the context specifically and clearly indicates
otherwise, the meanings of terms and phrases used in this article
shall be as follows:
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.
AQUA
Aqua Pennsylvania Wastewater, Inc., the owner and operator
of sewer system in Tobyhanna Township, as shown in the Tobyhanna Township
Act 537 Plan approved by the Pennsylvania Department of Environmental
Protection excluding Tobyhanna Township Sewer District No. 1. The
term "Aqua" shall also include all other sanitary sewer service providers
in Tobyhanna Township with a service area shown in the Tobyhanna Township
Act 537 Plan approved by the Pennsylvania Department of Environmental
Protection and a tariff on file with the PUC.
[Added 9-17-2019 by Ord.
No. 555]
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT USER
(1)
A principal executive officer of at least the
level of vice president if the significant user is a corporation;
(2)
A general partner or proprietor if the significant
user is a partnership or proprietorship, respectively; or
(3)
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,
or any governmental entity within the Township. The signature must
conform to requirements set forth in 40 CFR 403.12(1).
BOD (DENOTES "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen, expressed in ppm by weight, utilized
in the biochemical oxidation of organic matter under standard laboratory
procedure for five days at 20° C., expressed in terms of weight
and concentration (milligrams per liter). 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, Inc.
BUILDING SEWER
The sewage drainage system from a building constructed on
any improved property to the company service lateral serving such
improved property, including any customer service line, grinder pump
or pressure sewer or similar apparatus or facilities installed by
the Township or the owner and which are located on such improved property.
[Amended 9-17-2019 by Ord. No. 555]
COMMERCIAL ESTABLISHMENT
Any room, group of rooms, building or enclosure, or group
thereof, connected, directly or indirectly, to the sewer system and
used or intended for use in the operation of a business enterprise
for the sale and distribution of any product, commodity, article or
service, which maintains separate toilet, sink or other plumbing facilities
in the room or group of rooms utilized for such business enterprise.
COMPANY SERVICE LATERAL
Aqua's pipe or line extending laterally out from Aqua's
collection main that connects the building service line at the hypothetical
or actual curbline, edge of the right-of-way or the actual property
line.
[Added 9-17-2019 by Ord.
No. 555]
COOLING WATER
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
CUSTOMER
A person, at least 18 years of age, or entity who is an owner,
occupant or who contracts with Aqua for or who takes or receives wastewater
collection, treatment and/or disposal service. Also referred to herein
as a "user" and includes significant users.
[Added 9-17-2019 by Ord.
No. 555]
CUSTOMER SERVICE LINE
The connecting facilities from Aqua's sewage lines or
mains at the curbline into and within the customer's premises.
[Added 9-17-2019 by Ord.
No. 555]
DWELLING UNIT
Any room, group of rooms, house trailer, apartment, condominium,
cooperative or other enclosure connected, directly or indirectly,
to the sewer system and occupied or intended for occupancy as living
quarters by an individual, a single family or other discrete group
of persons, excluding institutional dormitories.
EDUCATIONAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use, in whole or in part, for educational purposes, including both
public and private schools or colleges.
EPA
The Environmental Protection Agency of the United States
of America.
EQUIVALENT DWELLING UNIT OR EDU
The unit of measure by which the user charge and the tapping
fee shall be imposed upon each improved property, as determined in
this article or in any subsequent ordinance of the Township, which
shall be deemed to constitute the estimated, equivalent amount of
sanitary sewage discharged by a typical single-family dwelling unit.
GRAB SAMPLE
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.
GREASE
A material composed primarily of fatty matter from animal
or vegetable sources or from hydrocarbons of petroleum origins. The
terms "oil and grease" or "oil and grease substances" shall be deemed
as grease by definition.
[Added 6-10-2002 by Ord. No. 425]
GREASE INTERCEPTOR
A device so constructed as to separate and trap or hold oil
and grease substances from the sewage discharged from a facility in
order to keep oil and grease substances from entering the sanitary
sewer collection system. Under-the-sink grease interceptors shall
not be construed as meeting the grease interceptor definition in this
chapter.
[Added 6-10-2002 by Ord. No. 425]
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 upon which there is located a 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, which is located within the
sewered area and is subject to the mandatory connection provisions
of this article.
INDIRECT DISCHARGES
The discharge or the introduction of pollutants into the
sewer system, including holding tank waste discharged into the sewer
system as outlined in 40 CFR 403.31(g) and Sections 307(b), (c) and
(d) of the Act.
INDUSTRIAL ESTABLISHMENT
Any improved property used or intended for use, wholly or
in part, for the manufacturing, processing, cleaning, laundering or
assembling of any product, commodity or article, or any other improved
property from which wastes, in addition to or other than sanitary
sewage, shall or may be discharged. Industrial establishments shall
include those industries or commercial activities which rely on water
usage itself as a primary source of income, and includes, without
limitation, laundromats and car washes.
[Amended 10-30-1998 by Ord. No. 401]
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment,
and/or any wastewater having characteristics which may have the potential
to be detrimental to the treatment plant, other than sanitary sewage.
INSTITUTIONAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system, including institutional
dormitories and school buildings, which do not constitute a commercial
establishment, a dwelling unit or an industrial establishment.
INTERFERENCE
The inhabitation or disruption of the treatment plant treatment
processes or operations or its sludge operations which contributes
to a violation of any requirement of the Township's NPDES permit.
The term includes prevention of sewage sludge use, sludge processes
or disposal by the treatment plant in accordance with Section 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 treatment plant.
LATERAL
That part of the sewer system extending from a sewer to the
curbline, or if there is no curbline, to the property line, or if
no such extension is provided, then "lateral" shall mean that portion
of, or place in, a sewer that is provided for connection of any building
sewer.
MULTIPLE-USE IMPROVED PROPERTY
Any improved property upon which there shall exist any combination
of a dwelling unit, commercial establishment, industrial establishment,
educational establishment or institutional establishment.
NITROGEN AMMONIA (NH3-N)
The quantity of ammonia nitrogen expressed in terms of weight
and concentration (milligrams per liter) as nitrogen and determined
by an analytical method outlined in 40 CFR Part 136.
NITROGEN, TOTAL KJELDAHL (TKN)
The quantity of total Kjeldahl nitrogen (TKN) expressed in
terms of weight and concentration (milligrams per liter) as nitrogen
and determined by an analytical method outlined in 40 CFR Part 136.
OWNER
Any person vested with title, legal or equitable, sole or
partial, of any improved property.
PERSON
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, including municipalities,
municipality authorities, school districts and other units of government.
PH
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in grams per liter of solution, indicating the degree
of acidity or alkalinity of a substance.
PHOSPHATE (PO4 AS P)
The quantity of phosphate ion (PO4) expressed in terms of weight and concentration (milligrams per
liter) as phosphorus and determined by an analytical method outlined
in 40 CFR Part 136.
POLLUTANT
Any dredged soil, 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.
PPM
Parts per million parts water, by weight.
PRETREATMENT OR TREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, the alteration of the nature 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 sewer system. The reduction or
alteration can be obtained by physical, chemical or biological processes,
or by process changes, or by other means, except as prohibited by
40 CFR 4.03.6(d).
PUC
Pennsylvania Public Utility Commission.
[Added 9-17-2019 by Ord.
No. 555]
SANITARY SEWAGE
Normal water-carried household and toilet wastes, including
greywater, from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system
used or usable for collection of sanitary sewage and/or industrial
wastes.
SEWERED AREA
That geographic area of the Township in and about the Village of Blakeslee served or to be served by the sewer system, as determined and designated, from time to time, by the Board of Supervisors of the Township. For purposes of this article, "sewered area" shall not include Tobyhanna Sewer District No. 1, which shall be governed under separate Articles
VIII and
IX of this chapter.
[Amended 3-10-2014 by Ord. No. 513]
SEWER SYSTEM
All facilities, at any particular time, acquired, constructed, operated and/or owned by Aqua for collecting, pumping, transporting, treating and/or disposing of sanitary sewage and/or industrial wastes in the Township, other than a building sewer or customer service line. For purposes of this article, "sewer system" shall not include Tobyhanna Township Sewer District No. 1 which shall be governed under separate Articles
VIII and
IX of this chapter.
[Amended 9-17-2019 by Ord. No. 555]
SIGNIFICANT USER
Any nonresidential user of the sewer system who:
(1)
Has a wastewater flow of 25,000 gallons or more
per average work day;
(2)
Has a flow greater than 5% of the total flow
in the sewer system;
(3)
Has in its wastes toxic pollutants as defined
pursuant to Section 307 of the Act or Pennsylvania statutes and rules;
or
(4)
Is found by the Township, the DEP or the EPA
to have significant impact, either singly or in combination with other
users, on the treatment plant, the quality of sludge, the sewer system's
effluent quality or air emissions generated by the sewer system.
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.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
STREET
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square, including such streets as are dedicated
to public use, and such streets as are owned by private persons.
SUSPENDED SOLIDS
The total suspended matter expressed in terms of weight and
concentration (milligrams per liter) that floats on the surface or
is suspended in water, wastewater or other liquids, and which is removable
by laboratory filtering.
TAPPING FEE
A fee against the owner of any improved property in the area
served by the sewer system which actually connects to or is required
to be connected pursuant to the mandatory connection provisions of
this article or any other ordinance then in effect requiring such
connection to the sewer system.
TARIFF
Aqua's tariff on file with the PUC, as same shall be
supplemented or amended from time to time. In the event of any conflict
between Aqua's tariff and this article, Aqua's tariff shall
control. This article shall not be deemed to limit any of Aqua's
rights, powers or duties contained in Aqua's tariff.
[Added 9-17-2019 by Ord.
No. 555]
TOTAL PHOSPHORUS AS P
Total phosphorus as determined pursuant to the procedure
set forth in the latest edition of Standard Methods for the Examination
of Water and Wastewater published by the American Public Health Association,
Inc.
TOTAL SOLIDS
Solids determined by evaporating at 103° C. a mixed sample
of wastewater as determined pursuant to the procedure set forth in
the latest edition of Standard Methods for the Examination of Water
and Wastewater published by the American Public Health Association,
Inc. Total solids include floating solids, suspended solids, settleable
solids and dissolved solids, as defined below:
(3)
DISSOLVED SOLIDS- Solids that are dissolved in the waste and cannot be removed by filtration but can be determined by evaporation.
TOWNSHIP
The Township of Tobyhanna, Monroe County, Pennsylvania, a
political subdivision of the commonwealth, acting by and through its
Board of Supervisors or, in appropriate cases, acting by and through
its authorized representatives.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provisions of Clean Water Act Section 307(a) or other acts.
TREATMENT PLANT
The wastewater treatment and disposal system facilities to
be acquired and constructed by this Township, together with all appurtenant
facilities and properties, and together with any additions, improvements,
enlargements and/or modifications thereto from time to time acquired
or constructed.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the sewer system or the treatment plant from an
improved property.
USER CHARGE
The quarterly rental or charge imposed by the Township hereunder,
as amended from time to time, against the owner of each improved property,
for the use or availability of use of the sewer system.
WASTEWATER
The liquid- and water-carried industrial wastes or sanitary
sewage from a dwelling unit, commercial establishment, institutional
establishment, industrial establishment 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 treatment plant.