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:
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 Regional Administrator of Region III of the EPA.
AUTHORITY
Control Authority.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of an industrial user may be: (1) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) 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; (4) 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.
BEST MANAGEMENT PRACTICES (BMPs)
Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 173-68, 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.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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)].
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the sewer system.
BYPASS
The intentional diversion of wastewater from any portion of an industrial user's pretreatment facility through which the wastewater normally passes.
CATEGORICAL INDUSTRIAL USER
An industrial user subject to categorical standards.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards.
CERTIFIED PROFESSIONAL
A registered professional engineer under the laws of the state.
CHAIN OF CUSTODY
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.
CLEAN STREAMS LAW
The Act of June 22, 1937, P.L. 1937, as amended and re-enacted by the Act of October 10, 1980, P.L. 894, 35 P.S. Sections 691.1 to 691.702.
COLOR
Color of light transmitted through a waste after removal of all suspended matter, including pseudo-colloidal particles, and measured in platinum-cobalt units.
COMBINED WASTE FORMULA
A procedure for calculating discharge concentrations of constituents of industrial waste, as defined in 40 CFR § 403.6(e).
COMPLIANCE
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.
COMPOSITE SAMPLE
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).
CONTRIBUTING MUNICIPALITY
Any of the municipalities party to a service agreement with the Authority, including the Borough of Freeland, Foster Township and Butler Township, and such other municipalities incorporated under the laws of the state which may enter into a similar agreement with the Authority.
CONTROL AUTHORITY
The Borough of Freeland Municipal 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.
COOLING WATER
The water from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DISCHARGE
The conveyance of any water or wastewater into the sewer system.
DOMESTIC WASTES
Normal household wastes from kitchens, water closets, lavatories and laundries, or any waste from a similar source and possessing the same characteristics.
ENFORCEMENT RESPONSE PLAN
A plan and guide developed pursuant to 40 CFR § 403.8(f)(5) providing for the enforcement of the industrial pretreatment program.
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.
GARBAGE
Solid or semisolid wastes resulting from preparation, cooking, and dispensing of food, and from handling storage and sale of produce.
GENERAL PERMIT
A control mechanism issued to more than one significant industrial user. Facilities covered under a general permit must have certain similar characteristics as described in § 173-84B.
GRAB SAMPLE
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.
GROUNDWATER
Water which is contained in or passing through the ground.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDUSTRIAL PRETREATMENT PROGRAM
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.
INDUSTRIAL USER
Any person who discharges industrial waste into the sewer system.
INDUSTRIAL WASTE
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.
INTERFERENCE
A discharge which, alone or in conjunction with discharges from other sources:
A. 
Inhibits or disrupts the processes or operations of the sewage treatment plant or the sewage collection system, or sludge processes, use or disposal; or
B. 
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): Article 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 state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxics Substances Control Act, and the Marine Protection, Research and Sanctuaries Act; or which results in or increases the severity of a violation of other state or national environmental statutes, rules or regulations.
LOCAL LIMITS
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.
MANHOLE
A structure allowing access from the surface of the ground to a sewer.
Mg/L
Milligrams per liter; a measure of concentration of water borne substances.
MIDDLE TIER CATEGORICAL INDUSTRIAL USER
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: 1) Categorical wastewater flow does not exceed a) 0.01% of the design dry weather hydraulic capacity of the POTW, or 5,000 gpd, whichever is smaller, b) 0.01% of the design dry weather organic treatment capacity of the POTW, and c) 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed; 2) has not been in significant noncompliance for any time in the past two years; and 3) 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.
MONTHLY AVERAGE
The arithmetic mean of all daily determinations of concentration made during a calendar month.
NATIONAL CATEGORICAL PRETREATMENT 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) 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.
NET/GROSS CALCULATION
A procedure for calculating discharge concentrations of constituents of industrial waste, as defined in 40 CFR § 403.15.
NEW SOURCE
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 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.
NONCOMPLIANCE
Not in compliance.
NONSIGNIFICANT CATEGORICAL INDUSTRIAL USER (NSCIU)
A categorical industrial user that meets the following conditions as determined by the Township: 1) 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), 2) has consistently complied with all applicable categorical pretreatment standards and requirements, 3) never discharges any untreated concentrated wastewater, and 4) 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.
NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
OPERATOR
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.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of an improved property.
PASS THROUGH
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 causes or contributes 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.
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 (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
POLLUTANT
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.
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.
POTW
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.
PRETREATMENT
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 mean's of other process changes except as prohibited by 40 CFR § 403.6(d).
PRETREATMENT COORDINATOR
Agent of the Township designated to administer the provisions of the industrial pretreatment program.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement, other than a categorical standard, imposed on an industrial user by Section 303(b) and (c) of the Act, the state or the industrial pretreatment program.
PROCESS WASTEWATER
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.
PROHIBITED DISCHARGE
Any discharge which is prohibited under § 173-68 of this part.
PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under Section 307(b) and (c) of the Act (33 USC 1317) and 40 CFR, § 403.5.
QUALIFIED ANALYST
Any person who has demonstrated competency in the analysis of wastewater by submission of their generally recognized documentation of competency to the Township.
REFRIGERATION
Maintenance of temperature for storage, preservation of food, or as a process of manufacturing.
SANITARY SEWAGE
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.
SANITARY SEWER
A sewer carrying only sanitary sewage or industrial wastes, and to which storm, surface or ground waters are not intentionally admitted.
SEWAGE COLLECTION SYSTEM
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 Borough of Freeland Municipal Authority, Foster Township, and Butler Township, or any other contributing municipality.
SEWAGE TREATMENT PLANT
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.
SEWER
A pipe or conduit for conveying wastewater.
SEWER SYSTEM
The sewage collection system, sewage treatment plant, and any sewers that convey wastewater to the sewage treatment plant. 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
Mandatory. "May" is permissive.
SIGNIFICANT INDUSTRIAL USER (SIU)
An industrial user who (1) has a discharge flow of 25,000 gallons or more of process wastewater per average work day; (2) discharges an organic load, in pounds of BOD per average work day, of 5% or more of the average daily organic loading of the sewage treatment plant; (3) is regulated by categorical standards, except in cases where the Township determines that an industrial user is a nonsignificant categorical industrial user (NSCIU); or (4) 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.
SIGNIFICANT NONCOMPLIANCE (SNC)
A noncompliance which meets or exceeds standards of significant noncompliance determined by the Township and contained in § 173-114 of this part.
SIGNIFICANT VIOLATOR
Any industrial user in significant noncompliance.
SLUG or SLUG LOAD
Any prohibited discharge, or discharge which could cause problems to the POTW.
SPCC PLAN
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.
SPILL
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.
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.
STANDARD METHODS
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 Waterworks Association.
STATE
Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT
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.
SUSPENDED SOLIDS
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 SOLIDS
The sum of the dissolved and undissolved solid constituents of water or wastewater.
TOTAL TOXIC ORGANICS
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.
TOWNSHIP
The Township of Foster, Luzerne County, Pennsylvania, a municipal corporation existing under the laws of the Commonwealth of Pennsylvania, and the Township Supervisors thereof, its agents and officials.
TOXIC ORGANIC MANAGEMENT PLAN
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.
TOXIC POLLUTANTS
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, 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.
UNAUTHORIZED DISCHARGE
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.
UNAUTHORIZED WASTE
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.
USER
Any person who contributes, causes or permits the discharge of wastewater into the sewer system.
WASTEWATER
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.
WASTEWATER DISCHARGE PERMIT
As set forth in Article V of this part.
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 underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.