Except as otherwise provided herein, the Township shall administer,
implement, and enforce the provisions of this Part 5. Except as specifically
set forth herein, any powers granted to or duties imposed upon the
Township shall be delegated by the Township to the Lehigh County Authority
as concessionaire under the concession agreement.
The following abbreviations, when used in this Part 5, shall
have the designated meanings:
BOD
|
Biochemical oxygen demand
|
BMP
|
Best management practice
|
BMR
|
Baseline monitoring report
|
CFR
|
Code of Federal Regulations
|
CIU
|
Categorical industrial user
|
COD
|
Chemical oxygen demand
|
EPA
|
U.S. Environmental Protection Agency
|
gpd
|
Gallons per day
|
IU
|
Industrial user
|
mg/l
|
Milligrams per liter
|
NPDES
|
National Pollutant Discharge Elimination System
|
NSCIU
|
Non-significant categorical industrial user
|
POTW
|
Publicly owned treatment works
|
RCRA
|
Resource Conservation and Recovery Act
|
SIU
|
Significant industrial user
|
SNC
|
Significant noncompliance
|
SIC
|
Standard Industrial Classification
|
TSS
|
Total suspended solids
|
U.S.C.
|
United States Code
|
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Part 5, 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.
APPEALS BOARD
A board duly appointed by a resolution of the Township from
time to time for the purpose of hearing and deciding appeals under
this Part 5, which may be designated as the "Board of Appeals for
the Sewage and Industrial Waste Ordinance." The Appeals Board may
consist of any of the following, provided that no member of the Appeals
Board shall be an official or employee of the Township other than
the position on the Appeals Board (or similar boards that are authorized
to function as the Appeals Board):
A.
Three or more individual members, who shall be residents of
the Township.
B.
When the Township cannot find individuals who are residents
to serve on the Appeals Board, then the Township may fill positions
on the Board with qualified individuals who reside outside of the
Township.
C.
Another board of appeals for the Township, including but not
limited to the Building Code Board of Appeals.
D.
A third-party agency or company with expertise in sewage and
industrial waste that is the subject of this Part 5.
E.
Three or more consultants with expertise in sewage and industrial
waste that is the subject of this Part 5.
F.
A joint board of appeals for the same or similar ordinances
as established or designated with another municipality or municipalities
which are parties to an intergovernmental joint agreement authorized
by a Township ordinance.
AUTHORIZED OR DULY 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 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.
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 their designee.
D.
The individuals described in Subsections
A through
C, 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 City.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §
274-76, Prohibited discharge standards, of this Part
5 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, management plans, and practices to control the discharge of pollutants.
BIOCHEMICAL OXYGEN DEMAND or BOD
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 (e.g., mg/l).
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by 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 through 471.
CITY
The City of Allentown or the City Council of Allentown.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
DAILY MAXIMUM LIMIT
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.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Protection Division Director, or other duly authorized
official of said agency.
GRAB SAMPLE
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
15 minutes.
INDUSTRIAL WASTE MANAGER
The Township or a person designated by the Township who is
charged with certain duties and responsibilities by this Part 5.
INSTANTANEOUS LIMIT
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 instantaneous 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 Township
and/or its treatment processes or operations or its biosolids processes,
use or disposal; whether or not such discharge or discharges are 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: Section 405 of the
Act; the Solid Waste Disposal Act, including Title II commonly referred
to as the Resource Conservation and Recovery Act (RCRA); any 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.
LOCAL LIMIT
Specific discharge limits developed and enforced by the City
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
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.
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
MONTHLY AVERAGE LIMIT
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.
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 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.
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 A(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 subsection
has commenced if the owner or operator has:
(1)
Begun, or caused to begin, as part of a continuous on-site construction
program:
(a)
Any placement, assembly, or installation of facilities or equipment;
or
(b)
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; 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 subsection.
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.
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 or the City'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, and
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 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).
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.
PUBLICLY OWNED TREATMENT WORKS or POTW
A "treatment works," as defined by Section 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.
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.).
SIGNIFICANT INDUSTRIAL USER (SIU)
Except as provided in Subsections C and D of this definition,
a significant industrial user is:
A.
An industrial user subject to categorical pretreatment standards;
or
B.
An industrial 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);
(2)
Contributes a process wastestream 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 and/or City on the basis
that the discharge or wastestream has a reasonable potential for adversely
affecting the Township's or the POTW's operation or for
violating any pretreatment standard or requirement.
C.
The City 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:
(1)
The industrial user, prior to City's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
(2)
The industrial user annually submits the certification statement required in §
274-101, Baseline monitoring reports, [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
(3)
The industrial user never discharges any untreated concentrated
wastewater.
D.
Upon a finding that a user meeting the criteria in Subsection
B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City 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.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §
274-76, Pollution discharge standards, of this Part
5. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary 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.
STORMWATER
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
TOTAL KJELDAHL NITROGEN or TKN
The sum of free-ammonia and of organic nitrogen compounds
which are converted to ammonium sulfate (NH4) 2SO4 under conditions
specified by Standard Methods 20th Edition, Method 4500, or EPA Method
351.
TOWNSHIP
The Township of South Whitehall, Lehigh County, Pennsylvania,
a First Class Township and municipal corporation, and its duly authorized
representatives.
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.