[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
As used in this Part, the following words, terms and phrases
will hereinafter have the meanings set forth in this section, unless
the context clearly requires a different meaning:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et. seq.
The Regional Administrator of Region III of the EPA.
Control Authority.
An authorized representative of an industrial user may be:
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation;
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
A principal executive officer or director having responsibility
for the overall operation of the discharging facility if the industrial
user is a governmental entity, charitable organization or other such
unincorporated entity;
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the discharge originates.
Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 18-205, Prohibited Discharges. 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 materials storage.
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)].
A sewer conveying wastewater from the premises of a user
to the sewer system.
The intentional diversion of wastewater from any portion
of an industrial user's pretreatment facility through which the
wastewater normally passes.
An industrial user subject to categorical standards.
National Categorical Pretreatment Standards.
A registered professional engineer under the laws of the
state.
A record of sample collection indicating the place and time
of collection and the person collecting the sample. it shall also
include a record of each person involved in possession of the sample,
including the laboratory person who takes final possession of the
sample for the purpose of analysis.
The Act of June 22, 1937, P.L. 1937, as amended and reenacted
by the Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1
to 691.702.
Color of light transmitted through a waste after removal
of all suspended matter, including pseudo-colloidal particles, and
measured in platinum-cobalt units.
A procedure for calculating discharge concentrations of constituents
of industrial waste, as defined in 40 CFR 403.6(e).
Adherence to conditions or requirements of this Part, any
written directions issued by the Township, or any wastewater discharge
permit or other permit issued under the provisions of this Part.
A sample composed of individual subsamples taken at regular
intervals over a specified period of time. Subsamples may be proportioned
by time interval or size according to flow (flow-proportioned composite
sample), or be of equal size and taken at equal time intervals (equal-time
composite sample).
Any of the municipalities party to a service agreement with
the Authority, including the City of Hazleton, Borough of West Hazleton,
Hazle Township and Sugarloaf Township, and such other municipalities
incorporated under the laws of the state which may enter into a similar
agreement with the Authority.
The Greater Hazleton Joint Sewer Authority, a Pennsylvania
municipal authority incorporated, organized and existing under provisions
of the Pennsylvania Municipal Authorities Act of 1945, approved May
2, 1945, P.L. 382, as amended and supplemented.[1]
The water from any use such as air conditioning, cooling
or refrigeration, or to which the only pollutant added is heat.
The conveyance of any water or wastewater into the sewer
system.
Normal household wastes from kitchens, water closets, lavatories
and laundries, or any waste from a similar source and possessing the
same characteristics.
A plan and guide developed pursuant to 40 CFR 403.8(f)(5)
providing for the enforcement of the industrial pretreatment program.
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.
Solid or semisolid wastes resulting from preparation, cooking,
and dispensing of food, and from handling storage and sale of produce.
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.
Water which is contained in or passing through the ground.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The sum of the provisions of this Part, amendments thereto,
and any activities authorized by this Part as regards the regulation
and control of industrial users.
Any person who discharges industrial waste into the sewer
system.
Any solid, liquid or gaseous substance, or form of energy,
which is produced as a result, whether directly or indirectly, of
any industrial, manufacturing, trade or business process or activity,
or in the course of developing, recovering or processing of natural
resources; but not sanitary sewage.
A discharge which, alone or in conjunction with discharges
from other sources:
Inhibits or disrupts the processes or operations of the sewage
treatment plant or the sewage collection system, or sludge processes,
use or disposal; or
Is a cause of a violation of any requirement of the Authority'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 the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act,[2] the Solid Waste Disposal Act (SWDA) [including Title II,
more commonly referred to as the "Resource Conservation and Recovery
Act" (RCRA), and including state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the SWDA],[3] the Clean Air Act,[4] the Toxic Substances Control Act,[5] and the Marine Protection, Research and Sanctuaries Act;[6] or which results in or increases the severity of a violation
of other state or national environmental statutes, rules or regulations.
Numerical limitations on the concentration, mass or other
characteristics of wastes or pollutants discharged, or likely to be
discharged, by industrial users, and which are developed by the Township.
A structure allowing access from the surface of the ground
to a sewer.
Milligrams per liter; a measure of concentration of waterborne
substances.
A categorical industrial user that meets the following conditions
as determined by the Township and as listed in Schedule 2 attached
hereto and incorporated into this Part and amendments thereto:[7]
Categorical wastewater flow does not exceed:
Zero point zero one percent of the design dry-weather hydraulic
capacity of the POTW, or 5,000 gpd, whichever is smaller;
Zero point zero one percent of the design dry-weather organic
treatment capacity of the POTW; and
Zero point zero one percent of the maximum allowable headworks
loading for any pollutant regulated by the applicable categorical
pretreatment standard for which approved local limits were developed;
Has not been in significant noncompliance for any time in the
past two years; and
Does not have daily flow rates, production levels, or pollutant
levels that vary so significantly that decreasing the reporting requirement
for this industrial user would result in data that are not representative
of conditions occurring during the reporting period.
The arithmetic mean of all daily determinations of concentration
made during a calendar month.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act [33
U.S.C. § 1317(b) and (c)], which applies to a specific category
of industrial users. National categorical pretreatment standards are
enumerated in 40 CFR, Chapter I, Subchapter N, Parts 405 through 471.
A procedure for calculating discharge concentrations of constituents
of industrial waste, as defined in 40 CFR 403.15.
Any building, structure, facility, or installation for which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed categorical standards
under Section 307(c) of the Act[8] which will be applicable to such source if such categorical
standards are thereafter promulgated in accordance with that section.
Determination of the applicability of new source standards shall be
made as provided in the Act and 40 CFR 403.3.
A categorical industrial user that meets the following conditions
as determined by the Township:
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);
Has consistently complied with all applicable categorical pretreatment
standards and requirements;
Never discharges any untreated concentrated wastewater; and
Annually submits a certification statement stating that the
facility met the definition of an NSCIU, together with any additional
information necessary to support the certification statement.
Not in compliance.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any person having charge, care, control or management of
a pretreatment facility for industrial wastes or of a truck or trucks
used in the removal, transport or disposal of sewage or industrial
wastes.
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
Discharge of pollutants to the waters of the state either
untreated or insufficiently treated, whether alone or in conjunction
with a discharge or discharges from other sources, so as to cause
pollution or a violation of the Authority's NPDES permit, or
cause or contribute to an increase in the magnitude or duration of
such pollution or violation; or concentration of pollutants in the
sludge so that the end use of the sludge results in pollution, harm
to the environment, or a violation of any state or federal sludge
disposal regulation, guideline or standard, or which causes or contributes
to an increase in the magnitude or duration of such pollution, harm
or violation.
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;
the singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
Any substance, including but not limited to dredged spoil,
solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt and
industrial, municipal, and agricultural waste which, when discharged
into water, results in pollution or increases pollution.
The contamination of any waters of the state such as will
create or is likely to create a nuisance or to render such waters
harmful, detrimental or injurious to public health, safety or welfare,
or to domestic, municipal, commercial, industrial, agricultural, recreational,
or other legitimate beneficial uses, or to livestock, wild animals,
birds, fish or other aquatic life; or contamination of the air, soil,
or of the environment so as to produce or is likely to produce similar
deleterious effects.
A publicly owned treatment works as defined by Section 212
of the Act (33 U.S.C. § 1292). The term includes the sewage
collection system and the sewage treatment plant.
The 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 sewer system. The
reduction or alteration can be obtained by physical, chemical or biological
processes, or by means of other process changes except as prohibited
by 40 CFR 403.6(d).
Agent of the Township designated to administer the provisions
of the industrial pretreatment program.
Any substantive or procedural requirement, other than a categorical
standard, imposed on an industrial user by Section 303(b) and (c)
of the Act,[9] the state or the industrial pretreatment program.
Any wastewater resulting from the direct contact of water
with any raw material, intermediate product, finished product, by-product,
or waste during any manufacturing process, or water other than cooling
water which results from a manufacturing process.
Any discharge which is prohibited under § 18-205 of this Part.
Any regulation developed under Section 307(b) and (c) of
the Act (33 U.S.C. § 1317) and 40 CFR 403.5.
Any person who has demonstrated competency in the analysis
of wastewater by submission of their generally recognized documentation
of competency to the Township.
Maintenance of temperature for storage, preservation of food,
or as a process of manufacturing.
The normal water-carried domestic wastes from any improved
property, but excluding: effluent from septic tanks or cesspools;
rain, snow or stormwater; groundwater; or other collected water from
roofs, drains or basements.
A sewer carrying only sanitary sewage or industrial wastes,
and to which stormwater, surface water or groundwater is not intentionally
admitted.
All facilities of the Authority or any municipality party
to a service agreement with the Authority, as of any particular time,
used or usable for collecting, transporting, pumping and disposing
of wastewater, which facilities are connected to and served by the
sewage treatment plant. The sewage collection system includes, but
is not necessarily limited to, those facilities owned or operated
by the City of Hazleton, the Borough of West Hazleton, Hazle Township,
Sugarloaf Township, or any other contributing municipality.
That portion of the sewer system owned and operated by the
Authority, which is designed to provide treatment of wastewater and
discharge of treated effluent to the environment.
A pipe or conduit for conveying wastewater.
The sewage collection system, sewage treatment plant, and
any sewers that convey wastewater to the sewage treatment plant of
the Greater Hazleton Joint Sewer Authority. For the purposes of this
Part, "sewer system" shall also include any sewers that convey wastewater
to the sewage treatment plant from persons who are, by contract or
agreement with the Authority, users of the sewer system.
"Shall" is mandatory; "may" is permissive.
An industrial user who:
Has a discharge flow of 25,000 gallons or more of process wastewater
per average workday;
Discharges an organic load, in pounds of BOD per average workday,
of 5% or more of the average daily organic loading of the sewage treatment
plant;
Is regulated by categorical standards, except in cases where
the Township determines that an industrial user is a nonsignificant
categorical industrial user (NSCIU); or
Is determined by the Township to have the potential of adversely
affecting the operation of the POTW, causing interference or pass
through, or of violating any pretreatment requirement.
A noncompliance which meets or exceeds standards of significant noncompliance determined by the Township and contained in § 18-252 of this Part.
Any industrial user in significant noncompliance.
Any prohibited discharge, or discharge which could cause
problems to the POTW.
A spill prevention, control and countermeasure plan prepared
by an industrial user to minimize the likelihood and intensity of
a slug load or spill and to expedite control and cleanup activities
should a slug load or spill occur.
Any nonroutine episodic discharge, including, but not limited
to, accidental spills and leaks and noncustomary batch discharges,
and including any discharge resulting from control or cleanup activities
associated with such an occurrence.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The latest edition of "Standard Methods for the Examination
of Water and wastewater," published by the Water Pollution Control
Federation, the American Public Health Association and the American
Water Works Association.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Authority to supervise the operation
of the sewage treatment plant and monitor flows in the sewage collection
system, including Authority management, or the Authority's duly
authorized representative.
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.
The sum of the dissolved and undissolved solid constituents
of water or wastewater.
The sum of all quantifiable values of various organic pollutants
as determined by the Township or, for certain categorical industrial
users, as defined in the applicable categorical standard.
The Township of Sugarloaf, Luzerne County, Pennsylvania,
a municipal corporation existing under the laws of the Commonwealth
of Pennsylvania, and the Township Supervisors thereof, its agents
and officials.
A plan submitted in lieu of testing for total toxic organics
in which an industrial user specifies methods of control to assure
that total toxic organics do not routinely enter the sewer system.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of Section 307(a) of the Act,[10] or other acts, or is present in sufficient quantity, either
singly or in combination with other wastewater, so as to present risk
of causing interference or pass through, causing harm to humans, animals
or plants, or creating a hazard to persons or property, either in
the sewage collection system, the sewage treatment plant, or the environment
into which it is released.
Discharge of an unauthorized waste, or a discharge which
otherwise is not in compliance with the requirements of the industrial
pretreatment program or other rules or regulations of the Township.
Any substance which is discharged into the sewage collection
system which is not in compliance with the provisions of the industrial
pretreatment program, or which is discharged by a person in violation
of any of the provisions of this Part.
Any person who contributes, causes or permits the discharge
of wastewater into the sewer system.
Industrial wastes 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 enters the sewer system.
As set forth in Subpart E of this Part.
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.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: See 33 U.S.C. § 1345.
[3]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[4]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[5]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[6]
Editor's Note: See 33 U.S.C. §§ 1401 to 1445,
16 U.S.C. §§ 1431 to 1447f, and 33 U.S.C. §§ 2801
to 2805.
[7]
Editor's Note: Said Schedule 2 is on file in the Township
office.
[8]
Editor's Note: See 33 U.S.C. § 1317(c).
[9]
Editor's Note: See 33 U.S.C. § 1313(b) and (c).
[10]
Editor's Note: See 33 U.S.C. § 1317(a).
