Scope. The following words, terms and phrases when used in this Part 3B shall have the meaning described in this section, except where the context specifically indicates otherwise. Whenever there is a conflict between any definitions found in a Township ordinance, law, or West Cocalico Township Authority general sewer rates, rules and regulations and this Part 3B, the definition containing the strictest requirements, construed as in favor of the enforcement authority, West Cocalico Township, and/or the Authority, shall apply.
ACT 537The 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 ACTThe Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
AUTHORITYThe West Cocalico Township Authority, Lancaster County, Pennsylvania, a municipal authority of the Commonwealth; as well as the duly qualified and acting members of the Board thereof, or its authorized deputy, agent, manager, delegate or representative, a body politic and corporate, created pursuant to the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, as amended, 53 P.S. § 301 et seq.
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL/COMMERCIAL USERAn authorized representative of an industrial/commercial user may be:
A. For a Corporation. A 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.
Alternatively, for a Corporation. The 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.
A general partner or proprietor if the industrial/commercial user is a partnership or proprietorship, respectively.
For a Federal, State, or Local Government. A director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility.
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 enforcement authority.
AVERAGE DAILY FLOWA 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.
BIOSOLIDSNutrient-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 (mg/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.
BYPASSThe intentional diversion of waste streams from any portion of an industrial/commercial user's treatment facility.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARDAny 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.
All of the wastewater collection facilities constructed or to be constructed, owned and operated by West Cocalico Township Authority, which conveys wastewater toward the facilities, not limited to, sewers, interceptors, force mains, metering devices, pumping stations and other appurtenances.
COMPOSITE WASTEWATER SAMPLEA 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 AGENCIESThe DEP, EPA and any and all governmental agencies, including the enforcement authority and/or the Authority, who have a right to control treatment, transportation and disposal of wastewater.
COOLING WATERThe water discharged from any recirculating, evaporative type cooling tower system or evaporative cooling pond for any use such as air-conditioning, refrigeration, process cooling system, or combination cooling and process air scrubbing water system, and in which the makeup water impurity concentrations have been elevated due to evaporation, and/or to which antiscaling chemicals, corrosion inhibition chemicals, and/or EPA approved antimicrobial chemicals have been added.
DEPThe Department of Environmental Protection of the Commonwealth or any successor thereto.
DIRECT DISCHARGEThe discharge of treated or untreated wastewater directly to the Waters of the Commonwealth.
DISSOLVED SOLIDSThe 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.
ENFORCEMENT AUTHORITYPerson or entity designated by West Cocalico Township and West Cocalico Township Authority to administer and enforce this Part 3B.
ENVIRONMENTAL PROTECTION AGENCY or EPAThe 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 SOURCEAny 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.
FACILITIESPlant No. 1, Plant No. 2 and the Interceptor, collectively, together with all capital additions.
GARBAGEThe 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 SAMPLEA 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.
GROUND WATERWater which is contained in or passing through the ground.
HOLDING TANK WASTEAny 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.
IMPROVED PROPERTYAny property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary wastewater and/or industrial wastewater shall be or may be discharged.
INDIRECT DISCHARGEThe introduction of pollutants into the POTW from any non-domestic source regulated under § 307 (b), (c) or (d) of the Act.
INDUSTRIAL PRETREATMENT PROGRAMA 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 enforcement authority.
INDUSTRIAL USERS AND INDUSTRIAL/COMMERCIAL USERSA 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 WASTEWATERSolid, 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, LIMITThe 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.
INTERCEPTORThe interceptor sewer owned by the Ephrata Authority and leased to the Ephrata Borough commencing at a point of connection with Denver's collection system and extending in and through portions of the Townships of Ephrata and West Cocalico and Ephrata Borough, discharging at Plant No. 2 and continuing further to terminate at Plant No. 1, including the Mission Pumping Station and appurtenant facilities. This interceptor is a gravity main to the Mission Pumping Station and is a force main from such Pumping Station to Plant No. 1.
INTERFERENCEA 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 and/or biosolids processes, use or disposal; and therefore, is a cause of:
A. A violation of any requirement of the NPDES permit (including an increase in the magnitude or duration of a violation).
The prevention of sludge and/or 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.
INTERMUNICIPAL GROUP (or the "IMG")The committee made up of appointees of the municipalities which are parties to the sewer service agreement dated November 1, 1995, (or as may be amended from time to time), with respect to the Ephrata Borough Wastewater Facilities, established pursuant to § 2.06 of that agreement.
MANHOLEA structure leading from the surface of the ground to a sewer, permitting access to the sewer.
Mg/lMilligrams per liter.
MGDA million gallons per day, based on average daily flow.
MUNICIPAL OWNERThe municipality that owns any portion of any collection system that may be used for the conveyance of sanitary wastewater and/or industrial wastewater from a user.
MUNICIPALITYAny county, county authority, municipal authority, city, borough, Township, or school district, or any general purpose unit of local government.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARDAny 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.")
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 § 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.
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.
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.
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 Subparagraph (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.
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.
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.
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 subsection.
NEW USERA new connection generating a new wastewater flow and/or an existing consumer and point of connection that is one or more of the following:
A. 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.
An existing consumer 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 POTW.
An existing consumer 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 WATERWater used or cooling to which the only pollutant added is heat and which does not come into direct contact with any raw material, chemicals added for scale and corrosion inhibition, antimicrobial chemicals, intermediate product, waste product, or finished product.
OWNERAny person vested with ownership, legal or equitable, sole or partial, of an improved property.
PASS THROUGHA 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 FLOWAny flow which exceeds 1.7 times the average daily flow.
PERSONAny 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.
pHThe 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.
PLANTPlant No. 1 or Plant No. 2, as applicable.
PLANT NO. 1The sewage treatment plant and facilities, located in Ephrata Borough, owned by Ephrata Authority and operated by Ephrata Borough, together with any capital additions thereto.
PLANT NO. 2The sewage treatment plant and facilities located in Ephrata Township, owned by Ephrata Authority, and operated by Ephrata Borough, together with any capital additions thereto.
POLLUTANTAny 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, SS, turbidity, color, BOD, COD, toxicity, or odor).
POLLUTIONThe man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTWSee "publicly-owned treatment works."
PRETREATMENTThe 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 REQUIREMENTSAny substantive or procedural requirement related to pretreatment imposed on a user, other than a national pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS or POTWA "treatment works" as defined by § 212 of the Act, 33 U.S.C. § 1292, which are owned by the Ephrata Borough or the Ephrata Borough Authority or a municipal owner. This definition includes any devices and systems used in the collection, transfer, 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)Any and all local, State and Federal laws, case law, statutes, regulations (including, but not limited to, this Part 3B), rules, guidelines, policies, permits, approvals, and other standards or requirements of control agencies, as amended and/or changed.
SANITARY SEWERA sewer which carries sanitary wastewater and/or authorized industrial/commercial wastes and to which storm, surface, and ground waters are not intentionally admitted.
SANITARY WASTEWATERAll 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 WASTEWaste 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.
SEWAGEAll water-carried waste defined as sewage in Act 537, including sanitary wastewater and industrial wastewater.
SEWERA pipe or conduit for carrying sanitary wastewater, or authorized industrial wastewater.
SEWER SERVICE AGREEMENT (or the "AGREEMENT")The intermunicipal agreement dated November 1, 1995, setting forth the provisions for providing conveyance and treatment of sanitary wastewater and industrial wastewater by the Borough of Ephrata and providing for the sharing of costs and responsibilities of the municipal owners, including the Borough of Ephrata and Ephrata Borough Authority for this conveyance and treatment.
SIGNIFICANT INDUSTRIAL USER (SIU)A. A user subject to categorical pretreatment standards.
A user that:
(1) 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).
Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of any individual POTW treatment plant.
Has in its wastes toxic pollutants as defined pursuant to § 307 of the Act or Pennsylvania statutes and rules.
Is designated as such by the enforcement authority, DEP, 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.
Upon a finding that a user meeting the criteria in Subparagraph (2) has no reasonable potential for adversely affecting the facilities; and/or the POTW's operation or for violating any pretreatment standard or requirement, the enforcement authority 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 or SNCA. 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 the daily maximum limit or the average limit for the same pollutant parameter by any amount.
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 daily maximum limit or the average limit 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.
Any other discharge violation that the enforcement authority 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.
Any discharge of a pollutant that has caused an imminent endangerment to the public or to the environment or has resulted in the enforcement authority's exercise of its emergency authority to halt or prevent such a discharge.
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.
Failure to provide, within 30 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.
Failure to accurately report noncompliance.
Any other violation or group of violations which the enforcement authority determines will adversely affect the operation of the wastewater system or the implementation of the enforcement authority's pretreatment program.
SLUDGEThe accumulated solids separated from liquids, such as wastewater, during processing, and/or the precipitate resulting from coagulation or sedimentation of wastewater.
SLUG or SLUG LOADA 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 non-customary batch discharge.
STANDARD METHODSAn 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.
STATECommonwealth of Pennsylvania.
STORMWATERAny flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snow melt.
SUPERINTENDENTThe person(s) designated by the enforcement authority to supervise the operation of the facilities and who is charged with certain duties and responsibilities by this Part 3B, or his duly authorized representative.
SUSPENDED SOLIDS (SS)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.
TOTAL SOLIDSThe sum of dissolved and undissolved constituents in water or wastewater as determined by laboratory analysis in accordance with Standard Methods.
TOXIC SUBSTANCESAny substance or combination of substances that: (1) is listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of § 307(a) of the Act, or other Acts, or (2) is present in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with the operation of the POTW 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 POTW or in the receiving waters of the POTW.
UNAUTHORIZED WASTEAny waste which is not in compliance with the provisions of this Part 3B, or which is discharged into the POTW by a person in violation of any provision contained in this Part 3B.
USERA source of indirect discharge or wastewater into the POTW and/or any person who contributes, causes or permits contribution of discharge or wastewater into the POTW.
WASTEWATERThe 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 POTW.
WASTEWATER SYSTEMThe wastewater collection systems, pumping stations, interceptor systems and treatment plants, operated by the municipalities and/or their Authorities and which directs flow to the Ephrata Wastewater Treatment Plants.
WATERS OF THE COMMONWEALTHAll 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.