This Part 3 shall be known and may be cited as the Township's
"Wastewater Discharge Limitations Ordinance."
It is declared that the enactment of this Part 3 is necessary for the protection, benefit, and preservation of the health, safety and welfare of the inhabitants of this Township. This Part 3 is also enacted to comply with agreements which require the Township to conform to uniform requirements for users of the publicly owned treatment works for the City of Allentown. Such requirements enable the city and the Township to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of those requirements are:
A.
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation;
B.
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass-through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
C.
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
D.
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
E.
To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the publicly owned treatment
works; and
F.
To enable the city to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the publicly owned treatment
works is subject.
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Part 3 shall be as provided in this Article I.
The Regional Administrator of EPA, Region III.
If the user is a corporation:
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
The manager of one or more manufacturing, production, or operation
facilities, providing 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 law
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for wastewater
discharge permit requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedure.
[Amended 1-11-2010 by Ord. No. 10-3]
If the user is a partnership or sole proprietorship, a general
partner or proprietor, respectively.
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 governmental
facility, or their designee.
The individuals described in Subsections A through C above may designate another 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 Township and the city.
Schedules of activities, prohibitions of practices, maintenance, procedures, and other management practices to implement the prohibitions listed in § 390-29 [40 CFR 403.5(a)(i) and (b)]. BMPs include treatment requirements, operating procedures, management plans, and practices to control the discharge of pollutants.
[Added 1-11-2010 by Ord.
No. 10-3]
Is an abbreviation for "biochemical oxygen demand," which
means the quantity of oxygen, expressed in parts per million or mg/L,
utilized in the biochemical oxidation of organic matter under standard
laboratory procedures for five days at 20° C. The standard laboratory
procedure shall be that found in the latest edition of Standard Methods
for the Examination of Water and Wastewater published by the American
Public Health Association.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
[Added 1-11-2010 by Ord.
No. 10-3]
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Clean Water Act [33 U.S.C. § 1317(a) and(b)] which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.
Code of Federal Regulations.
The City of Allentown, Lehigh County, Pennsylvania, or the
City Council of Allentown.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Chemical oxygen demand.
The City of Allentown.
[Added 1-11-2010 by Ord.
No. 10-3]
The arithmetic average of all affluent samples for a pollutant
collected during a calendar day.
[Added 1-11-2010 by Ord.
No. 10-3]
The maximum allowable discharge limit of a pollutant during
a 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 day. Where daily maximum limits are expressed in terms
of concentration, the daily discharge is the arithmetic average measurement
of the pollutant concentration derived from all measurements taken
that day.
[Added 1-11-2010 by Ord.
No. 10-3]
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Clean Water Act.[1]
Gallons per day.
A sample which is taken from a waste stream without regard
to flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Clean Water
Act.[2]
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.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use, or
disposal, and therefore is a cause of a violation of the city's NPDES
permit or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder, or any more stringent state or local regulations:
Section 405 of the Clean Water Act;[3] the Solid Waste Disposal Act, including Title II, commonly
referred to as the Resource Conservation and Recovery Act (RCRA);
and state regulations contained in any state sludge management plan
prepared pursuant to Subtitle D of the Solid Waste Disposal Act;[4] the Clean Air Act; the Toxic Substances Control Act; and
the Marine Protection, Research, and Sanctuaries Act.[5][6]
The specific discharge limits developed and enforced by the
Township upon industrial or commercial facilities to implement the
general and specific discharge prohibitions listed in 40 CFR 403.5(a)(i)
and (b).
[Added 1-11-2010 by Ord.
No. 10-3]
The Director of Public Works or a person designated by the
Director of Public Works who is charged with certain duties and responsibilities
by this Part 3. Any references to the "Manager of Water Resources
and/or the Township" in this regard in the existing Weisenberg Township
Wastewater Discharge Limitations Ordinance shall be stricken in favor
of the Director of Public Works.
[Amended 2-12-2018 by Ord. No. 18-1]
The person designated by the city to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by the city's Sewage and Industrial Wastes Ordinance, City Ordinances
Section 941.
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.
Milligrams per liter.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
[Added 1-11-2010 by Ord.
No. 10-3]
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
[Added 1-11-2010 by Ord.
No. 10-3]
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 Clean Water Act[7] which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided,
that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
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.
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.
Construction of a new source as defined under this section has
commenced if the owner or operator has:
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, 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
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 Subsection C(2).
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
Issued by the United States Office of Management and Budget.
[Added 1-11-2010 by Ord.
No. 10-3]
National Pollutant Discharge Elimination System.
A discharge which exits the POTW into waters of the United
States in quantities or concentration which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the city's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, society, trust, estate,
governmental entity, or other group or legal entity, including all
federal, state, and local governmental entities.
The logarithm of the reciprocal of the weight of hydrogen
ions, expressed in grams per liter of solution, and indicates the
degree of acidity or alkalinity of a substance.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (including
but not limited to pH, TSS, turbidity, color, BOD, COD, toxicity,
or odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes, or by other
means, except by diluting the concentration of the pollutants, unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances. These prohibitions appear in § 390-29.
A "treatment works" as defined in Section 212 of the Clean
Water Act (33 U.S.C. § 1292) which is owned by the city
or any municipality which contributes wastewater to the city's system.
This definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant. "POTW" includes, without limitation, the sewer
system, the city's wastewater treatment plant, and all sewers, pipes,
and facilities which transport wastewater from the sewer system to
the city's wastewater treatment plant.
The Resource Conservation and Recovery Act.[8]
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
All facilities within the Township, as of any particular
time, for collecting, transporting, pumping, treating, or disposing
of wastewater which is ultimately conveyed for treatment to the city's
wastewater treatment plant.
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling water, and boiler
blowdown wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the city or the Township on the basis
that it has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Township and the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 390-29 of this Part 3. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an 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.
[Amended 1-11-2010 by Ord. No. 10-3]
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended (but not dissolved) in, water, wastewater, or other
liquids, and which is removable by laboratory filtering, as determined
by appropriate procedures found in the latest edition of Standard
Methods for the Examination of Water and Wastewater published by the
American Public Health Association.
The sum of free-ammonia and of organic nitrogen compounds
which are converted to ammonium sulfate (NH4)2SO4, under conditions
specified by Standard Methods 20th Edition, Method 4500 or EPA Method
351.
[Added 1-11-2010 by Ord.
No. 10-3]
The Township of Weisenberg, Lehigh County, Pennsylvania,
a municipality of the Commonwealth of Pennsylvania, acting by and
through its Board of Supervisors or, in appropriate cases, acting
by and through its authorized representatives.
Total suspended solids.
United States Code.
A source of indirect discharge.
Liquid- and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
[1]
Editor's Note: See 33 U.S.C. § 1317.
[2]
Editor's Note: See 33 U.S.C. § 1317(b), (c) and
(d).
[3]
Editor's Note: See 33 U.S.C. § 1345.
[4]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[5]
Editor's Note: 42 U.S.C. § 7401 et seq., 15 U.S.C.
§ 2601 et seq., and P.L. 92-532, respectively.
[7]
Editor's Note: See 33 U.S.C. § 1317(c).
[8]
Editor's Note: See 42 U.S.C. § 6901 et seq.
