[Amended 1-5-2004 by Ord. No. 304; 12-27-2004 by Ord. No. 314; 4-24-2017 by Ord. No. 427; 12-28-2020 by Ord. No. 445; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this part shall be as follows:
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, Public Law 92-500, as amended, 33 U.S.C. § 1251 et seq.
Any local, municipal, authority, Commonwealth, regional or Federal entity with jurisdiction over wastewater disposal or environmental matters in the authority's service area.
Ammonia nitrogen as determined pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," jointly published by the American Public Health Association, American Water Works Association and Water Pollution Control Federation.
A single lot or parcel of real property under single ownership that contains six or more apartment units, connected, directly or indirectly, to the Sewer System.
The Environmental Protection Agency (EPA).
The Municipal Authority of the Township of Spring, Berks County, a Pennsylvania municipality (the Municipal Authority of the Township of Spring was created by Ordinance No. 38, May 19, 1958, amended by Ordinance No. 202, June 26, 1989, and was dissolved by Resolution No. 2004-61, December 13, 2004 and Ordinance No. 315, December 27, 2004, and all reference thereto have been amended to be the Township).
In the case of a corporation, a President, secretary, treasurer or vice President of the corporation in charge of a principal business function or any other person who performs similar policymaking or decision-making functions for the corporation; or the manager of one or more manufacturing, production or operation facilities, if authority to sign document has been assigned or delegated to the manager in accordance with corporate procedures.
In the case of a partnership or sole proprietorship, a general partner or proprietor.
A duly authorized representative of the individual designated above if:
The authorization specified either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company.
The authorization is in writing.
The written authorization is submitted to the Township.
The group of elected and/or appointed officials acting as the governing body of the Township of Spring.
The quantity of oxygen, expressed in ppm by weight, utilized in the biochemical oxidation of organic matter under standard laboratory procedure 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," jointly published by the American Public Health Association, American Water Works Association and Water Pollution Control Federation.
The sewer extension from the sewage drainage system of any improved property to the lateral serving such improved property.
With regard to the pretreatment program: the intentional diversion of waste streams from any portion of the industrial user's pretreatment facility.
With regard to the metering of customers' water consumption or volume of wastewater: intentional diversion of flows prior to the water meter when such flows are or may be ultimately discharged to the sewer system.
National Categorical Pretreatment Standards or Pretreatment Standard. A "categorical industrial user" shall mean any industry which is regulated under Federal Categorical Standards.
Written documentation such as receipts and record book entries to show the history of possession, custody and/or control of a sample from collection through analysis.
The quantity of chlorine absorbed in water, sewage or other liquids, allowing a residual of 0.1 mg/l, after 15 minutes of contact.
The quantity of oxygen expressed in mg/l, utilized in the chemical oxidation of organic matter under standard laboratory procedure.
Any room, group of rooms, buildings or enclosure used or intended for use in the operation of one business enterprise for the sale and distribution of any product, commodity, article or service or use or intended for use for any social, amusement, religious, education, charitable or public purpose and containing plumbing facilities for kitchens, toilets or washing facilities.
The Commonwealth of Pennsylvania.
A sample prepared by combining discrete samples collected from the waste streams either at periodic time intervals or in proportion to the waste stream flow. The frequency of discrete sample collection is a function of variability of types of pollutant(s) concentration(s) and/or volume of waste stream flow.
The ordinance enacted by this Township, inter alia, compelling all owners of certain improved property to connect to the sewer system and use the same in such manner as this Township may ordain.
The approval authority, defined hereinabove; or the Township when the Township has an approved pretreatment program, under the provisions of 40 CFR 403.11.
Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product, to which the only pollutant added is heat and which does not contain a level of contaminants detectably higher than that of the source of the water.
A flat rate monthly charge based upon meter size imposed by this Township hereunder, as amended from time to time by Resolution or Ordinance of the Board of Supervisors of this Township, against the Owner of each Improved Property.
The maximum allowable discharge of a pollutant during a calendar day. Where maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of a day. Where daily maximum limitations are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant derived from all measurements taken that day.
The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania which may occur through the Township's stormwater conduits.
The anhydrous residues of the dissolved constituents in waste or wastewater.
Normal water carried household and toilet wastes discharged from any improved property.
A residence hall providing rooms for individuals or for groups with or without private baths.
Any room; group of rooms; manufactured home; apartment; group of apartments on a single lot or parcel of real property under single ownership that contains less than six apartment units, condominium, cooperative or other enclosure; with separate cooking and sanitary facilities that are connected, directly or indirectly, to the Sewer System and occupied or intended for occupancy as living quarters by an individual, a single family or any other discrete group of persons, excluding institutional dormitories and Apartment Complexes.
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system and used or intended for use, in whole or in part, for educational purposes, including both public and private schools.
The United States 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.
With regard to individual owner is any group of room, house, trailer, mobile home, enclosure, etc., occupied or intended for occupancy as separate living quarters for a family or other group of persons living together or by persons living alone. Wastewater flow from residential customers is assumed to be 229 gallons per day ("gpd") pursuant to the guidelines set forth in Act 57[2] for calculating residential flow contributions.
The temperature at which a liquid or volatile solid gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the test vessel. Flashpoint is determined by the test methods set out in 40 CFR 261.21.
Solid waste resulting from the domestic, institutional and commercial preparation, cooking and dispensing of food and from handling, storage and sale or produce.
An individual discrete sample collected from a wastestream taken at neither set time nor set flow.
Garbage that has been shredded to such a degree that all its particles will be carried freely under normal sewer flow conditions, with no particle greater than one-half inch in any dimension.
Substances so defined pursuant to criteria established within Section 311 of the Act.[3]
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, vacuum-pump tank trucks or trucked or hauled pollutants and/or sludge.
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 domestic sanitary sewage and/or industrial wastes shall be or may be discharged, which is located within the sewered area and subject to the "Connection Ordinance" above.
Introduction of pollutants into the Township's (Authority's) wastewater treatment plant from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.[4]
Any room, group of rooms, buildings or other enclosure used or intended for use, in whole or in part, in the operation of one business enterprise manufacturing, fabricating, processing, cleaning, laundering or assembling from which any waste, as distinct from sanitary sewage, shall be discharged.
A source of indirect discharge to the sewer system. An industrial establishment.
A permit issued to an industrial user by the Township to deposit or discharge liquid industrial wastes into any sanitary sewer operated by the Township.
Any and all wastes discharged from an industrial establishment other than domestic sanitary sewage.
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system, including institutional dormitories in educational establishments, which do not constitute a commercial establishment, a dwelling unit or an industrial establishment.
A discharge, alone or in conjunction with a discharge or discharges from other sources, which:
Inhibits or disrupts the Township's (Authority's) wastewater treatment plant, its treatment processes, operations or maintenance activities, or its sludge and resultant ash processes, use, reuse, recycling or disposal, and
Is a cause of a violation of any requirements of the Township's operating permits (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use, recycling or reuse or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent Commonwealth or local statutes and/or regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (RCRA),[5] and including any applicable Commonwealth of Pennsylvania regulations contained in any sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substance Control Act[6] and the Marine Protection, Research and Sanctuaries Act.
Any commercial establishment, educational establishment, institutional establishment or industrial establishment, regardless of water consumption or volume of domestic sanitary sewage or industrial wastes discharge.
That part of the sewer system extending from a sewer to the curbline, or if there is no curbline, to the property line, or if no such extension is provided, then "lateral" shall mean that portion of, or place in, a sewer that is provided for connection of any building sewer.
The mass of pollutant(s) discharged from a user's connection with respect to either time, or in cases of certain industrial users, characteristic production units.
Milligrams per liter and is equivalent to parts per million (ppm) by weight.
The arithmetic mean of the values for effluent samples collected over a calendar month.
Any improved property upon which there shall exist any combination of a dwelling unit, commercial establishment, educational establishment, industrial establishment or institutional establishment.
A permit issued to the Township (Authority) pursuant to Section 402 of the Act (33 U.S.C. § 1342).
Any outlet into a watercourse, pond, ditch, lake, other body of surface or groundwater.
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[8] 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 where no other source is located.
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.
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(1), (2) and (3) of this definition but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this definition has commenced if the owner or operator has:
Begun, or caused to begin as a continuous onsite construction program.
Any placement, assembly or installation of facilities or equipment.
Significant site preparation work including clearing, excavation or removals of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.
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 definition.
A source of wastewater which contains pollutants other than sanitary wastewater.
Any liquid or gaseous substance, whether or not solids are contained therein, discharged from any non-domestic user during the course of any industrial, manufacturing, trade or business process or in the course of development, recovery or processing of natural resources, as distinct from normal domestic waste.
Sewage which when analyzed by the Township shows a daily average of not more than 210 mg/l of total suspended solids and/or not more than 230 mg/l of BOD5.
Any wastes that can, in the Township's judgment, harm either the sewers or sewage treatment process or equipment; can have an adverse effect upon the receiving stream; can otherwise endanger life, health or property; or which constitutes a public nuisance.
An individual, partnership, company, association, society, trust, corporation, or other group or entity within the Township of Spring.
A discharge which exits the sewer system into waters or the atmosphere 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 violation of any requirement of the Township's (Authority's) NPDES permit (including an increase in the magnitude or duration of a violation) or a violation of any air emission standards set pursuant to the Clean Air Act.[9]
Any natural person, partnership, association, firm or corporation. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in grams per liter of solution, indicating the degree of acidity or alkalinity of a substance.
Any improved property, the purpose of which is for the gathering of people for public worship. For the purposes of this part, places of worship shall be classified as dwellings.
Any liquid, solid or gaseous material including, but not limited to, any dredged soil, solid waste, incinerator residue, sewage garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, non-domestic sewage waste and agricultural waste discharged into water including conventional wastewater pollutants.
The man-made or man-induced alteration of the chemical, physical, biological and/or radiological integrity of water.
Parts per million parts of water.
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of the pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a treating publicly owned treatment works (POTW). The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or other means except as prohibited by 40 CFR 403.6(d). Pretreatment technology includes control equipment, such as equalization tanks or facilities, or protection against surges or slug loadings that might interfere with or otherwise be incompatible with the treating POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with EPA regulations, 40 CFR 403.6(e).
Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product, either discharged continuously, intermittently or as a batch discharge.
A sample extracted from the waste stream whose characteristics are completely indicative of overall waste stream quantity, quality, variations in same and of the process generating the waste stream.
Any person owning or occupying a residential property which is connected to or entitled to connect to the sanitary sewer system of the Township of Spring and shall also include those Persons developing property for residential dwellings that require multiple tapping fee permits.
The solid or semisolid by-product remaining after the processing of raw wastewater within physical, chemical and/or biological treatment units of the treating POTW into a condition suitable for release to the environment.
The liquid or waterborne wastes from residential, commercial or industrial establishments containing only waste of a domestic nature; that is, waste products, excrement or other discharge from the bodies of humans or animals in addition to wastes from residential or incidental culinary and laundry activities.
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
Any human excrement and gray water (household showers, dishwashing operations, etc.).
The Township's wastewater treatment plant or such other treating plant as may be treating sewage from the Township which is an arrangement of devices, structures, and materials used for treating and disposing of sanitary sewage and certain industrial wastes.
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting, pumping, transmitting, treating and disposing of sanitary sewage and/or industrial wastes, situate in or adjacent to this Township and owned by the Township, and/or leased or to be leased to this Township for maintenance, operation and use. "Sewer system" shall also include all facilities owned by such other treating plant used for the collecting, pumping, transmitting, treating and disposing of sanitary sewage and/or industrial waste for the Township of Spring.
These areas of the Township served by the sewer system as determined and designated, from time to time, by the Township and the Township (Authority).
Except as provided in Subsection A(2) below, this term means:
Any other industrial user that:
Discharges an average of 15,000 gallons per day or more of process wastewater to Township's (Authority's) sewer system (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 organic capacity or inorganic capacity of the sewage treatment plant.
Is designated as such by the Township on the basis that the industrial user has a potential for adversely affecting the operation of the Township's (Authority's) sewer system or for violating any pretreatment standard or requirement.
Upon finding that an industrial user meeting the criteria in Subsection A(2) of this definition has no potential for adversely affecting the Sewer System operation or for violating any pretreatment standard or requirement, the Township may at any time, in its sole discretion in accordance with 40 CFR 403.8(f)(6) and § 355-119 herein, determine that such industrial user is not a significant industrial user.
Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more then five times the average twenty-four-hour concentration or flow during normal operation.
A technique whereby a sample is divided into multiple parts for multiple analytical investigations.
A classification pursuant to the latest edition of the Standard Industrial Classification Manual issued by the United States Government Publications Office (U.S.G.P.O.).
Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Any street, road, lane, court, cul-de-sac, alley, public way or public square, including such streets as are dedicated to public use, and such streets as are owned by private persons.
Any non-domestic waste having a BOD5 230 mg/l and a total suspended solids greater than 210 mg/l.
A charge levied on non-domestic users of the treatment works for the additional cost of treating their abnormal strength wastes.
Total phosphorus as determined pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," jointly published by the American Public Health Association, American Water Works Association and Water Pollution Control Federation.
Solids determined by evaporating at 104°C. a mixed sample of wastewater as determined pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," jointly published by the American Public Health Association, American Water Works Association and Water Pollution Control Federation. Total solids include suspended solids, settleable solids and dissolved solids, as defined below:
DISSOLVED SOLIDSSolids that are dissolved in the waste and cannot be settled, but can be determined by evaporation.
SETTLEABLE SOLIDSSolids that settle in an imhoff cone from a standard sample of waste.
SUSPENDED SOLIDSSolids determined by standard laboratory procedure in the waste.
The Township of Spring, Berks County, Pennsylvania.
Any pollutant or combination of pollutants which have been so declared in regulations promulgated pursuant to Section 307(a) of the Act,[10] or pursuant to Pennsylvania Statutes and Rules, or as otherwise may be so discerned and classified by responsible agencies due to toxic health effects to the general populace and surrounding environs.
Any noxious and/or deleterious substance in sufficient quantity, either singly or by interaction with other wastes, which is determined by the Township, 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 any sewer system or in the receiving stream of the sewage treatment plant.
Treatment works as defined in Section 212 of the Act,[11] which is owned by the Township (Authority) or such other treating plant as may be used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste for the Township of Spring. This definition includes any and all devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyance facilities only if they convey wastewater to the sewage treatment plant. The term also means the Township as defined in Section 502(4) of the Act [33 U.S.C. § 1362(4)]. For the purposes of these standards, rules and regulations, "treating POTW" shall also include any sewers, pipes and other conveyances that convey wastewaters to the sewer system.
All facilities used to convey and treat wastewater, including the sewage treatment plant and the sanitary sewer system to a treating POTW.
Water which does not contain a level of contaminants or pollutants detectably higher than that of the source of the water such as precipitation, surface water, groundwater or other nonpolluted waters. However, in no case shall leachate be considered unpolluted water.
The sewer rental or charge imposed by this Township hereunder, as amended from time to time, against the owner of each improved property, for the use of the sewer system.
Any person, municipality, municipal authority, industry or other legal entity which contributes, causes or permits the contribution of wastewater into the sewer system. User categories defined herein include residential users, commercial users, industrial users, municipal authority users and significant industrial users.
The liquid and waterborne waters 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 discharged into or permitted to enter the treating POTW.
The portion of the treating POTW which is designed to provide treatment of municipal sewage and industrial wastewater.
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 Commonwealth of Pennsylvania.
[1]
Editor's Note: See 33 U.S.C. § 1314(a)(4).