The following terms as used in this chapter (Articles
I through
VI) shall have the following meanings, unless the context shall specifically indicate otherwise. The meanings of terms used in this chapter shall be as follows:
ACCESSIBLE
Any premises within the Borough abutting any street, alley
or right-of-way on which there is located a public sanitary sewer
system or a premises located within 1,000 feet of a public sanitary
sewer.
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.
ALLOWABLE INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, waterborne waste
or form of energy ejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage, which complies
with all provisions of this chapter and which is allowed to be discharged
into the sewer system by the Borough of Spring Grove, York County,
Pennsylvania, or allowable by the rules and regulations of the Borough
of Spring Grove.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF INDUSTRIAL 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 decisionmaking functions for
the corporation; or
(2)
The manager of one or more manufacturing, production or operating
facilities, provided that 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 individual
sewer user 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 and
B, 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 Borough of Spring Grove.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in §
326-31. BMPs 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.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen expressed in milligrams per liter
(mg/L), utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five days at 20° C. The standard
laboratory procedure shall be found in the latest edition of Standard
Methods for the Examination of Water and Sewage, published by the
American Public Health Association.
BONA FIDE USER
An owner or occupant of a building designed for domestic use or commercial use, or a combination thereof, as those terms are defined in §
326-1; provided, however, that if such building is designed or converted into units capable of multiple occupancy, then each occupied unit shall be considered a bona fide user.
BOROUGH
The Borough of Spring Grove, York County, Pennsylvania.
BOROUGH MANAGER
The person designated by the Borough to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this chapter. The term also means a duly authorized representative
of the Borough Manager.
BUILDING SEWER
That part of the main building or house drain or sewer line
inside the walls of the building and extending through the wall to
the point five feet outside the wall and connecting to the lateral.
COLLECTOR LINE
A sewer line which is constructed after the date of this
article and designed primarily to collect sewage from domestic and
commercial units and convey the same to the trunk line.
COLOR OF AN INDUSTRIAL WASTE
The color of the light transmitted by the waste solution
after removing the suspended material, including the pseudo-colloidal
particles.
COMMERCIAL USE
A property which is used for the purpose of carrying on a
trade, business or profession or for social, religious, charitable,
school or public uses.
A.
COMMERCIAL USE, HEAVYAny commercial use in or on which food is prepared or served as part of its operation, whether or not a primary use, or any metered industrial use.
COOLING WATER
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
COUNCIL
The group of elected officials acting, from time to time,
as the governing body of the Borough.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant
collected during a twenty-four-hour period starting from one calendar
day and continuing into the next calendar day.
DAILY MAXIMUM LIMIT
The maximum allowable discharge limit of a pollutant during
a twenty-four-hour period starting from one calendar day and continuing
into the next 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 twenty-four-hour period. 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 during that twenty-four-hour period.
DEVELOPER
A person, firm or corporation being the owner of a tract of land within the geographical boundaries of this Borough and desirous of developing said land in accordance with the provisions of Chapter
400, Zoning, and Chapter
350, Subdivision and Land Development, of the Code of the Borough of Spring Grove, and requesting that said area be serviced by the sewer system.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
into the waters of the Commonwealth of Pennsylvania.
DISSOLVED SOLIDS
The anhydrous residues of the dissolved constituents in water
or wastewater.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
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.
EQUIVALENT DWELLING UNIT (EDU)
The amount of flow of sewage established as a uniform measure of usage of sewage facilities. One EDU shall conform to the Borough of Spring Grove's most recent documented Chapter
94 Municipal Wasteload Management Report flow rate in gallons, or part thereof, per day.
FOOD SERVICE FACILITIES
Those establishments primarily engaged in activities of preparing,
serving, or otherwise making available for consumption food and that
use one or more of the following preparation activities: cooking by
frying (all methods), baking (all methods), grilling, sauteing, rotisserie
cooking, broiling (all methods), boiling, blanching, roasting, toasting,
or poaching. Also included are infrared heating, searing, barbecuing,
and any other food preparation activity that produces a hot, nondrinkable
food product in or on a receptacle that requires washing. These facilities
include restaurants, cafeterias, hotels, motels, hospitals, nursing
homes, schools, grocery stores, prisons, jails, churches, camps, caterers,
manufacturing plants, or any other sewer users as determined by the
Borough of Spring Grove who discharge applicable waste.
GARBAGE
Solid waste resulting from the domestic and commercial preparation,
cooking and dispensing of food and from handling, storage and sale
of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the water stream and over a period
of time not exceeding 15 minutes.
GREASE
Material composed primarily of fats, oil, and grease (FOG)
from animal or vegetable sources. The terms "fats," "oil," and "grease"
shall be deemed as "grease" by definition. "Grease" does not include
petroleum-based products.
GREASE TRAP
A device for separating and retaining waterborne greases
and grease complexes prior to the wastewater exiting the trap and
entering the sanitary sewer collection and treatment system. These
devices also serve to collect settleable solids, generated by and
from food preparation activities, prior to the water exiting the trap
and entering the sanitary sewer collection and treatment system.
GROUNDWATER
That water which is contained in or passing through the ground.
HAZARDOUS WASTE
Any effluent discharged into the sewer system containing
any material defined as toxic, radioactive or otherwise harmful by
the Commonwealth of Pennsylvania, Department of Environmental Protection
or Section 1004 of the Resource Conservation and Recovery Act (RCRA).
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 erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure or property wastewater shall or
may be discharged.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants from any
nondomestic sources regulated under Section 307(b), (c) or (d) of
the Act (33 U.S.C. § 1317) into the sewer system, including
holding tank waste discharged into the system.
INDUSTRIAL USE
A property which is used in whole or in part for the manufacture,
conversion, processing, cleaning, laundering or assembly of any product,
commodity or article.
INDUSTRIAL WASTE
Solid, liquid or gaseous substances, waterborne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, commercial, trade, business or research process or
in the course of development, recovering or processing of natural
resources, but not sanitary sewage.
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 industrial flow rate and the
duration of the sampling event.
INTERCEPTOR SEWER
Any portion of the sewer system in existence as of the date
of this chapter which is capable of receiving sewage from any proposed
extension of the sewer system.
INTERFERENCE
The inhibition or disruption of the sewage treatment plant
processes or operations which contributes to a violation of any requirement
of the POTW NPDES permit. The term includes prevention of sewage sludge
use or disposal by the Borough 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 Solid Waste Disposal Act (TSWDA), 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
Borough.
LATERAL LINE
A sewer line constructed from the collector line to the curbline
adjacent to an occupied building or a lot intended for the purpose
of constructing a building thereon; in the event there is no curbline,
then said lateral line shall terminate at the outside edge or traveled
portion of the street or highway.
LOCAL LIMITS
Local requirements developed and enforced by each POTW to
implement the national prohibitive discharges based on local and state
requirements and specific POTW operations.
MAIN
The pipes, manholes and pumping stations used for the collection
and transportation of sewage.
MANHOLE
A structure leading from the surface of the ground to a sewer,
permitting access to the sewer.
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.
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.
MUNICIPALITY
Any county, county authority, municipal authority, city,
borough, township or school district.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
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) that apply to a specific category of users
and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through
471.
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 that 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 Subsection 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 is 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 that does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
OPERATOR
Any person having charge, care, management or control of
the sewer system or a tank truck or trucks for use in the removal,
transportation and disposal of sewage, septic sewage and industrial
wastes.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
PASS-THROUGH
A 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 the cause of
a violation of any requirement of the POTW'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. The masculine gender shall include the feminine,
and the singular shall include the plural where indicated by the context.
pH
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in gram equivalent per liter of solution, and indicating
the degrees of acidity or alkalinity of a substance. A stabilized
pH will be considered as a pH which does not change beyond the specified
limits when the waste is subjected to aeration. It shall be determined
by one of the accepted methods described in the latest edition of
Standard Methods for Examination of Water and Sewage, published by
the American Public Health Association.
POLLUTANT
Any 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
discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
PRETREATMENT or TREATMENT
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 the sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes and other means, except as prohibited by §
326-36.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by Spring
Grove Borough of Spring Grove, Pennsylvania. This definition includes
any sewers that convey wastewater to the POTW treatment plant but
does not include pipes, sewers or other conveyances not connected
to a facility providing treatment. For the purposes of this chapter,
"POTW" shall also include any sewers that convey wastewaters.
QUALIFIED ANALYST
Any person who has demonstrated competency in wastewater
analysis by having analyzed satisfactorily a minimum of three reference
wastewater samples as supplied upon request by the Borough or by submission
of their generally recognized documentation of competency.
REFRIGERATION
The preservation of food products, the maintenance of temperature
for aid in process work and the maintenance of storage temperature.
RESIDENTIAL STRUCTURE
A structure intended to be occupied in whole by one family
as a residence or one or more apartments intended to be occupied as
a living unit by the occupants.
RESIDENTIAL USE
A use designed for living quarters for one or more families,
including mobile homes, but not including hotels, motels, rooming
houses, convalescent homes or other accommodations used for transient
occupancy, which latter uses shall be considered commercial uses.
SANITARY SEWAGE
The normal water-carried household and toilet waste from
any improved property, excluding, however, the effluent from septic
tanks or cesspools, rain, stormwater and groundwater, as well as roof
or surface water, drainage or percolating or seeping waters, or accumulation
thereof, whether underground or in cellars or basements.
SANITARY SEWER
A sewer which carries sewage and/or authorized industrial
wastes and to which stormwater, surface water and groundwater are
not intentionally admitted.
SCHOOL
Any institution or facility which provides as its primary
purpose an educational program, either for full or part days, whether
public or private. This term shall include, but not be limited to,
all public schools which are a part of any recognized school system
or district which encompasses the Borough, or which is served by the
Borough sewer system.
SEWER
A pipe or conduit for carrying sanitary sewage or authorized
industrial waste.
SEWER SYSTEM
All facilities for collecting, treating and disposing of
sanitary sewage, owned and operated by the Borough.
SEWER SYSTEM
Publicly owned treatment works (POTW), as defined herein.
For the purposes of this chapter, "sewer system" shall also include
any sewers that convey wastewater to the sewer system from persons
or organizations who are, by contract or agreement with the Borough,
users of the sewer system.
SIGNIFICANT INDUSTRIAL USER (SIU)
A.
An industrial user subject to National Categorical Pretreatment
Standards.
B.
An industrial user that:
(1)
Discharges an average of 25,000 gallons per day (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.
(3)
Is designated as such by the Borough on the basis that it has
a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §
326-31 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary 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.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Offices of the President, Office of
Management and Budget, 1972.
STANDARD METHODS
An 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.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids which are removable by laboratory
filtering.
TOTAL SOLIDS
The sum of dissolved and undissolved constituents in water
or wastewater.
TOXIC SUBSTANCES
Any substance or combination of substances that is listed
as toxic in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of CWA Section 307(a) or other
acts; or is present 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 the sewer system or in
the receiving waters of the sewage treatment plant.
TRUNK LINE
A sewer line which is constructed after the date of this
article and designed primarily to connect the area to be serviced
with the interceptor sewer. Such trunk line may be subsequently extended
and may be used to receive sewage directly at any point between its
connection to the interceptor sewer and the point of the area to be
serviced.
UNAUTHORIZED WASTE
Any waste which is not in compliance with the provisions
of this chapter or which is discharged into the sewer system by a
person in violation of any provision contained in this chapter.
USER
Any person or establishment including those located outside
the jurisdictional limits of the Borough of Spring Grove who contributes,
causes, or permits the contribution or discharge of wastewater into
the Borough's wastewater collection or treatment system, including
persons who contribute such wastewater from mobile sources, such as
those who discharge hauled wastewater.
WASTE HAULER
An individual, partnership or corporation involved in the
removal, collection, transportation and disposal of sewage, septic
sewage and industrial/commercial wastes.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
whether treated or untreated, which is contributed into or permitted
to enter the sewer system.
WATER-COOLED EQUIPMENT
Any equipment using water as a cooling medium for purposes
other than air conditioning or refrigeration.
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
ground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
There is hereby imposed upon the owner of each property, whether
located within or outside the Borough limits, served by the sewer
system and having the use thereof a sewer rent, payable as hereinafter
provided, for the use, whether direct or indirect, of the sewer system,
based on the rates and in accordance with the classifications hereinafter
set forth. Such sewer rent shall be due and payable and ongoing so
long as water service is active to the property, and sewer and water
service has not been voluntarily terminated by the owner of the property.
In the event that water service is involuntarily terminated to the
property by the Borough for nonpayment of either sewer or water bills,
and as provided by law, then the owner or responsible person's ongoing
obligation for payment of sewer bills and for sewer services shall
continue. Sewer service cannot be voluntarily terminated to a property
unless the property is vacated and no one is using the property for
any purpose except storage.
In the event of a change of ownership of a property or voluntary
termination of sewer service, and upon notification by the appropriate
party of such change in ownership or voluntary service termination,
then the responsible party shall, under certain circumstances, be
entitled to a proration of their sewer bill. If the effective date
of the change of ownership or voluntary service termination occurs
within 30 days after the beginning of a quarter for billing purposes,
then the additional usage will be billed in addition to the previous
quarter's bill. If the change of ownership or voluntary service termination
occurs within 30 days prior to the next quarter's bill, the previous
owner will be billed at the standard rates, and, in the event of change
of ownership, the new owner will have the period attributed to his
or her new ownership included in the next full quarter's bill. For
any change of ownership or voluntary service termination on dates
other than those provided in this section, then both the previous
owner and the new owner, in the event of change of ownership, shall
pay the full standard rate for the quarter in which the change of
ownership or the voluntary service termination occurred. Upon notification
of a change of ownership or voluntary service termination, the Borough
shall, on the effective date of such change as provided by the responsible
party, read the water meter of the property to determine actual usage.