Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated. Words in the present tense include
the future. The singular number includes the plural number. The plural
number includes the singular number. The word "shall" is mandatory,
while the word "may" is permissive.
ACT
The Federal Water Pollution Control Act, as amended, also
known as the "Clean Water Act."
AUTHORIZED REPRESENTATIVE OF USER
An authorized representative of a user is:
A.
A principal executive officer of at least the
level of vice president, if the user is a corporation.
B.
A general partner or proprietor if the user
is a partnership or proprietorship, respectively.
C.
A principal executive officer or a person having
responsibility for the overall operation of the user's facility if
the user is a governmental agency, unincorporated organization or
other similar entity.
D.
A duly authorized representative of the individual designated in Subsections
A through
C above if: the authorization is made in writing by the individual described in Subsection
A or
B; the authorization specifies either an individual or a position having overall responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and the written authorization is submitted to DARA.
AVERAGE DAILY FLOW
The wastewater discharge volume from the most recent calendar
quarter divided by the number of calendar days in that quarter.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions and practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR § 403.5(a)(1) and (b). 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.
[Added 8-1-2007 by Ord. No. 2007-09]
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five days at 20° C. The standard
laboratory procedure shall be found in the latest edition of Standard
Methods for the Examination of Water and Sewage, published by the
American Public Health Association.
BYPASS
The intentional diversion of waste streams from any portion
of an industrial user's facility for pretreatment.
CATEGORICAL INDUSTRY
Any industry subject to pretreatment standards as specified
in 40 CFR, Chapter I, Subchapter N, establishing quantities or concentrations
of pollutants or pollutant properties which may be discharged or introduced
to a treatment plant by existing or new industrial users in specific
industrial subcategories.
CHEMICAL OXYGEN DEMAND (COD)
The quantity of oxygen, expressed in mg/l, required to chemically
oxidize the organic and inorganic matter in a water or wastewater
sample under the standard laboratory procedure. The standard laboratory
procedure shall be that in the latest edition of Standard Methods
for the Examination of Water and Sewage, published by the American
Public Health Association.
COMPATIBLE POLLUTANT
BOD, COD, total suspended solids, total kjeldahl nitrogen,
total phosphorus and fecal coliform bacteria.
DARA
The Downingtown Area Regional Authority, a political subdivision
of the Commonwealth of Pennsylvania.
DISCHARGE PERMIT
A permit issued by DARA authorizing the discharge of tank
truck or hauled waste at the DRWPCC.
DRWPCC
The Downingtown Regional Water Pollution Control Center.
The facilities in East Caln Township treating wastewater pursuant
to the intermunicipal agreement among DARA, the Borough of Downingtown
and the Townships of Caln, East Caln, Uwchlan and West Whiteland.
EPA
The United States Environmental Protection Agency, including,
where appropriate, the Administrator or other duly authorized official
of said agency.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the commercial handling, storage
and sale of produce.
GRAB SAMPLE
An individual sample collected over a period of time not
exceeding 15 minutes.
INDUSTRIAL USER
Any person discharging industrial wastewater to the sewerage
system.
INDUSTRIAL WASTEWATER
Any water which, during a manufacturing or processing operation,
including those regulated under Section 307(b), (c) or (d) of the
Act, 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, or any other water contaminated by an
industrial process, and distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the DRWPCC processes or operations
which contributes to a violation of any requirement of DARA's NPDES
permit or a decrease in treatment efficiency. The term includes inhibition
or disruption of sewage sludge use or disposal from the DRWPCC in
accordance with Section 405 of the Act (33 U.S.C. § 1317)
or any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act or more stringent state criteria (including those contained
in any state sludge management plan prepared pursuant to Title IV
of SWDA) applicable to the method of disposal or use employed by the
DRWPCC.
LOCAL DISCHARGE LIMITS
Numerical limitations on the concentration, mass or other
characteristics of wastes or pollutants discharged to the sewerage
system by industrial users and which are developed by DARA.
MILLIGRAMS PER LITER (mg/l)
The ratio of weight to volume expressing the concentration
of a specified component in a wastewater. Also known as "parts per
million (ppm)".
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) and which are defined in 40 CFR Chapter I,
Subchapter N, Parts 405 through 471.
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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his agent.
PASS-THROUGH
Discharge through the DRWPCC which exists in quantities or
concentrations, alone or with discharges from other sources, which
causes a violation of any condition of DARA's NPDES permit.
PERSON
Any individual, firm, company, partnership, corporation,
association, group or society, including the state and agencies, districts,
commissions and political subdivisions created by or pursuant to state
law and federal agencies, departments or instrumentalities thereof.
pH
The logarithm of the reciprocal of the hydrogen ion concentration
expressed as moles per liter.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
sewage sludge, garbage, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
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 the sewerage system.
The reduction or alteration may be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment,
other than a national categorical pretreatment standard, imposed on
an industrial user.
PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act which
applies to industrial users. This term includes national categorical
pretreatment standards, prohibited discharge limits and local discharge
limits.
SANITARY SEWAGE or SEWAGE
The normal waterborne waste from a household, and toilet
wastes from residences, business buildings, institutions, commercial
and industrial establishments.
SEWERAGE SYSTEM
The DRWPCC and any pipe, conduit or other equipment which
carries wastewater to the DRWPCC.
SIGNIFICANT INDUSTRIAL USER
Any permitted industrial user; any user subject to national
categorical pretreatment standards; any user with discharges of 10,000
gallons or more per day of industrial wastewater; or any user who
contributes a waste stream which makes up 5% or more of the dry weather
compatible pollutant capacity of the DRWPCC; or has a reasonable potential
as determined by DARA or the EPA to adversely affect the DRWPCC by
interference, pass-through pollutants or sludge contaminations to
endanger the collection system and DRWPCC personnel or violate any
applicable pretreatment standards.
[Amended 8-1-2007 by Ord. No. 2007-09]
SIGNIFICANT NONCOMPLIANCE (SNC)
An industrial user is in significant noncompliance if its
violations meet one or more of the following criteria:
A.
Chronic violations of wastewater discharge limits,
defined as those in which 66% or more of all the measurements taken
during a six-month period exceed (by any magnitude) the daily maximum
limit or the average limit for the same parameter measured;
B.
Technical Review Criteria (TRC) violations,
defined as those violations in which 33% or more of all of the measurements
for each parameter measured taken during a six-month period equal
or exceed the product of the daily average maximum limit or the average
limit times the applicable TRC multiplier (TRC multiplier equals 1.4
for BOD and TSS, and 1.2 for all other pollutants with numerical limits,
except pH);
C.
Any other violation of a pretreatment standard
or requirement (daily maximum or longer-term average) that DARA determines
has caused, alone or in combination with other discharges, an interference
or pass-through at the DRWPCC;
D.
Any discharge of a pollutant that has caused
imminent endangerment to the health of DRWPCC personnel, the environment
or the general public or has resulted in DARA exercising any emergency
authority to halt or prevent such a discharge;
E.
Failure to meet, within 90 days after the scheduled
date, a compliance schedule date or a compliance schedule milestone
contained in the user's industrial waste discharge permit or enforcement
action for starting construction, completing construction or attaining
final compliance;
F.
Failure to provide, within 30 days after the
due date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports and reports on
compliance with a compliance schedule;
G.
Failure to accurately report incidents of noncompliance;
or
H.
Any other violation or group of violations that
DARA determines will adversely affect the overall implementation of
its industrial pretreatment program.
SLUG LOAD
Any discharge of wastewater of a nonroutine or episodic nature,
including but not limited to an accidental spill or noncustomary batch
discharge at a flow rate or concentration that may cause a violation
of any pretreatment requirement or pretreatment standard set forth
in this article.
SLUG CONTROL PLAN
A report prepared by an industrial user and provided to DARA
in accordance with this resolution which details the existing and
proposed facility plans and operating procedures to be followed by
that user in the event of a slug load.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
STANDARD METHODS
The latest edition of Standard Methods for the Examination
of Water and Wastewater, a manual published by the American Public
Health Association specifying analytical procedures for testing and
analysis of wastewater.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
SURCHARGE
An additional charge for the treatment of extra-strength
wastewater in excess of the basic charge for treatment of wastewater.
TOTAL KJELDAHL NITROGEN (TKN)
The sum of the organic nitrogen and ammonia nitrogen present
in wastewater, as measured by standard laboratory procedure as described
in standard methods.
TOTAL SUSPENDED SOLIDS (TSS)
The total suspended matter that either floats on the surface
of, or is in suspension in, water or wastewater and is removable by
laboratory filtration as prescribed in standard methods.
TWENTY-FOUR-HOUR COMPOSITE SAMPLE
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples collected at regular intervals
not exceeding one hour, during a twenty-four-hour time span. The sample
may be composited either as a time composite sample (composed of discrete
sample aliquots collected in one container at constant time intervals
providing representative samples irrespective of discharge flow) or
as a flow proportional composite sample (collected either as a constant
sample volume at time intervals proportional to stream flow or collected
by increasing the volume of each aliquot as the flow increases while
maintaining a constant time interval between aliquots).
USER
Any person who contributes wastewater into the sewerage system.
WASTEWATER
The combined flow of sanitary sewage and industrial wastewater,
together with such quantities of infiltration and inflow as may be
present.