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.
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.
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.
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.
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.
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.
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.