Definitions. Unless the context specifically indicates otherwise,
the following terms and phrases, as used in these rules and regulations,
shall have the meanings hereinafter designated:
ABNORMAL INDUSTRIAL WASTE
Any industrial waste having a suspended solid content or
a five-day biochemical oxygen demand (BOD5)
appreciably in excess of that normally found in municipal sewage.
For the purposes of these regulations, any industrial waste containing
more than 300 milligrams per liter of suspended solids, or having
a BOD5 in excess of 300 milligrams per liter,
shall be considered an abnormal industrial waste, regardless of whether
or not it contains other substances in concentrations differing appreciably
from those normally found in municipal sewage.
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.
APPROVAL AUTHORITY
The Administrator of the U.S. EPA Region III office until
such time that the state's pretreatment program is approved,
at which time the Director of the Pennsylvania DEP will become the
approval authority.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER
(1)
If the user is a corporation:
(a)
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
(b)
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 individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2)
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
(3)
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.
(4)
The individuals described in Subsection A(1) through (3), 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 City.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §
340-43.2 [40 CFR 403.5(a)(1) and (b)]. 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 required for the biochemical and chemical
oxidation of waterborne substances under standard laboratory procedure
in five days at 20° C. expressed in terms of weight and volume
[milligrams per liter (mg/L)]. It shall be determined by one of the
acceptable methods described in the current edition of "Standard Methods
for the Examination of Water and Wastewater."
BOROUGH
The Borough of Falls Creek, a political subdivision of Clearfield
County and the Commonwealth of Pennsylvania.
CITY
The City of DuBois, Pennsylvania, a body corporate and politic,
organized and existing under the laws of the Commonwealth of Pennsylvania.
COMBINED SEWER
A sewer designated to receive both sanitary sewage and stormwater
runoff, which has been approved for such purposes.
COOLING WATER (NONCONTACT COOLING WATER)
The water used for any air conditioning, cooling, or refrigeration
purposes which does not come into direct contact with any raw material,
intermediate product, waste product, or finished product.
COUNCIL
The elected members of the City Council of the City of DuBois,
Pennsylvania, and its duly authorized agents or representatives.
CURRENT EDITION
The latest edition of the "Standard Methods for the Examination
of Water and Wastewater" published by the American Public Health Association
and current at the time the determination of any analysis required
is to be made.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day or twenty-four-hour period.
DAILY MAXIMUM LIMIT
The maximum allowable discharge limit of a pollutant during
a calendar day or twenty-four-hour period. Where daily maximum limits
are expressed in units of mass, the daily discharge is the total mass
discharged over the course of the day or twenty-four-hour period.
Where the daily maximum limits are expressed in terms of a concentration,
the daily discharge is the arithmetic average measurement of the pollutant
concentrations derived from all measurements taken that day or the
twenty-four-hour period.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Pennsylvania Department of Environmental Protection,
or where appropriate, the term may also be used as a designation for
the Director or other duly authorized official of said agency.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
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.
FEDERAL CATEGORICAL PRETREATMENT STANDARD or FEDERAL PRETREATMENT
STANDARD or CATEGORICAL STANDARDS
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) which applies to a specific category of industrial
users. This term includes national prohibitive discharge limits established
pursuant to Section 403.5 of the General Pretreatment Regulations
(40 CFR, Part 403) and Pretreatment Standards for specific industrial
categories (e.g., 40 CFR Chapter I, Subpart N, Parts 405 through 471).
GARBAGE
Solid wastes from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants from any
nondomestic source regulated under Section 307(b), (c), or (d) of
the Act, (33 U.S.C. § 1317), into the POTW (including holding
tank waste discharge into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act (33 U.S.C. § 342).
INDUSTRIAL WASTES
Any liquid, gaseous, or waterborne waste from industrial
processes or commercial establishments as distinct from sanitary sewage.
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
Any discharge which alone or in conjunction with a discharge
or discharges from other sources both:
(1)
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
(2)
Therefore is a cause of a violation of any requirement of the
POTW'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, the Solid
Waste Disposal Act (SWDA), including Title II more commonly referred to as "the Resource
Conservation and Recovery Act (RCRA)," and including any state regulations
contained in any state sludge management plan prepared pursuant to
Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
MANAGER
The person or his duly authorized representative designated
by the Council to supervise the administration and operation of the
City of DuBois and is charged with certain duties and responsibilities
by this article.
NEW SOURCE
(1)
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, and construction of
which is 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:
(a)
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
(b)
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(c)
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 activity
as the existing source should be considered.
(2)
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 Subsection A(1)(a), (b) or (c) of this section
but otherwise alters, replaces, or adds to an existing process or
production equipment. Construction of a new source as defined under
this section has commenced if the owner or operator has:
(a)
Begun, or caused to begin as part of a continuous on-site construction
program, any placement, assembly, or installation of facilities or
equipment; or significant site preparation work, including clearing,
grubbing, 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
(b)
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 definition.
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic
habitation, occupancy, or use by human beings or animals, and from
which structure sanitary sewage and industrial wastes, or either thereof,
is or may be discharged.
OWNER
The person, firm, corporation, or association having an interest
as owner, or a person, firm, corporation, or association representing
itself to be the owner, whether legal or equitable, sole or only partial,
in any premises which is or is about to be furnished sewage service
by the authority, and the word "owners" means all so interested.
PASS-THROUGH
A discharge which exits from a POTW into navigable 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 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,
the singular shall include the plural where indicated by the context.
pH
The logarithm to the base 10 of the reciprocal of the hydrogen
ion concentration expressed in moles per liter. It shall be determined
by one of the acceptable methods listed in 40 CFR 136.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive 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.
PREMISES
The property or area, including the improvements thereon,
to which sewage service is or will be furnished, and as used herein
shall be taken to designate:
(1)
A building under one roof, owned or leased by one customer,
and occupied as a place of business or for manufacturing or industrial
purposes, or
(2)
A group or combination of buildings owned by one customer, in
one common enclosure, occupied by one organization, corporation, or
firm as a place of business or for manufacturing or industrial purposes.
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 a POTW. The reduction
or alteration can be obtained by physical, chemical, or biological
processes; or process changes and other means, except as prohibited
by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard, imposed on
an industrial user by the federal, state, or local limits.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
food and from the handling, storage, and sale of produce that have
been shredded to such degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with
no particle greater than 1/2 inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
All separate sanitary sewers, all combined sewers, all sewage
pumping stations, all sewage treatment works, and all other sewerage
facilities owned and operated by the City for the collection, transportation,
and treatment of sanitary sewage and industrial wastes, together with
their appurtenances, and any additions, extensions, or improvements
thereto that may be made by the City. It does not include separate
storm sewers or culverts which have been constructed for the sole
purpose of carrying storm and surface runoff, the discharge from which
is not and does not become tributary to the City's sewage treatment
facilities.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from
residence, business buildings, institutions, industries, and commercial
establishments, exclusive of stormwater runoff, surface water, groundwater
and industrial wastes.
SANITARY SEWER
A sewer intended to carry only sanitary or sanitary and industrial
wastewaters from residences, commercial buildings, industrial plants,
and institutions and to which storm, surface, and groundwaters are
not intentionally admitted.
SEWAGE
A combination of water-carried wastes from residences, business
buildings, institutions, and industrial and commercial establishments,
together with such ground, surface or stormwater as may be present.
SEWER
A pipe or conduit for carrying sewage or other waste liquids.
SIGNIFICANT INDUSTRIAL USER
Any industrial user who: a) is subject to any Federal Categorical
Pretreatment Standards under 40 CFR Section 403.6 and 40 CFR Chapter
I, Subchapter N; or b) discharges an average flow of 25,000 gallons
per day (gpd) or more of process wastewater to the POTW (excluding
sanitary, noncontact cooling, and boiler blowdown wastewater); or
c) 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 d) is designated as such by the City, the EPA,
or the Pennsylvania DEP on the basis that the industrial user 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 Article
3 of these rules and regulations. A slug discharge is any discharge
of a nonroutine, episodic nature, including, but not limited to, 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.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
STATE
Commonwealth of Pennsylvania.
STORM SEWER
A sewer which is intended to carry stormwater runoff, surface
waters, groundwater drainage, etc., but which is not intended to carry
any sanitary sewage or industrial waste.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUSPENDED SOLIDS
Solids that either float on the surface or are in suspension
in water, sewage, industrial waste, or other liquids and which are
removable by laboratory filtration. The quantity of suspended solids
shall be determined by one of the acceptable methods described in
the current edition of "Standard Methods for the Examination of Water
and Wastewater."
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of the Clean Water Act 307(a)
or other acts.
TOWNSHIP
Sandy Township, a political subdivision of Clearfield County
and the Commonwealth of Pennsylvania.
TREATMENT WORKS
Any devices and systems used in the storage, treatment, recycling,
and reclamation of municipal sewage or industrial wastes of a liquid
nature to implement Section 201 of Public Law 92-500, 33 U.S.C., or
necessary to recycle or reuse water at the most economical cost over
the useful life of the works, including intercepting sewers, outfall
sewers, sewage collection systems, pumping, power, and other equipment
and their appurtenances; extension improvement, remodeling, additions,
and alterations thereof; elements essential to provide a reliable
recycled supply, such as standby treatment units and clear water facilities;
and any works, including site acquisition of the land that will be
an integral part of the treatment process or is used for ultimate
disposal of residuals resulting from each treatment; or any other
method or system for preventing, reducing, storing, treating, separating,
or disposing of municipal waste, including stormwater runoff, or industrial
waste, including waste in combined stormwater and sanitary sewer systems.
UNPOLLUTED WATER OR WASTE
Any water or waste containing none of the following: free
or emulsified grease or oil; acid or alkali; phenols or other substances
imparting taste and odor to receiving waters; toxic or poisonous substances
in suspension, colloidal state, or solution; obnoxious or odorous
gases. It shall contain not more than 1,000 milligrams per liter by
weight of dissolved solids of which not more than 250 milligrams per
liter shall be as chloride, and not more than 10 milligrams per liter
each of suspended solids and BOD5. The color
shall not exceed 50 platinum-cobalt color units. Analyses for any
of the abovementioned substances shall be made in accordance with
the current edition of "Standard Methods for the Examination of Water
and Wastewater."
UPGRADING
An increase in the level of treatment provided to improve
the quality of the effluent water.
UPSET
Any exceptional incident in which there is unintentional
and temporary noncompliance with Federal Categorical Pretreatment
Standards adopted pursuant to these rules and regulations because
of factors beyond the reasonable control of the industrial user. An
upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventative maintenance, or careless or improper
operation.
USER
Any person who contributes, causes, or permits the contribution
of wastewater into the City's POTW.
WASTEWATER
The liquid and water-carried industrial 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 is contributed
to or permitted to enter the POTW.
WATERCOURSE
Any channel in which a flow of water occurs, either continuously
or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, water courses, 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.