Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part
2, shall have the meanings hereinafter designated.
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §
1251 et seq.
The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDE state without an approved state pretreatment program.
AUTHORITYThe Municipal Authority of the Borough of Morrisville.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USERA. If the user is a corporation:
(1) 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 decisionmaking functions for the corporation; or
The manager of one or more manufacturing, production or operating facilities, provided 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 laws and regulations, can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
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 the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his or her designee.
The individuals described in Subsections
A through
C above may designate a duly 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 Authority.
BEST MANAGEMENT PRACTICES (BMPs)Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in §
345-16A and
B [40 CFR
403.5(a)(1) and
(b)]. BMPs 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. BMPs also include alternative means (i.e., management plans) of complying with or in place of certain established categorical pretreatment standards and effluent limits.
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration (e.g., mg/l).
BOROUGHThe Borough of Morrisville or Borough Council of Morrisville.
BUILDING SEWERA sewer conveying wastewater from the premises of a user to the POTW.
DAILY MAXIMUMThe arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMITThe 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 a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DIRECTORThe person designated by the Authority to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this Part
2. The term also means a "duly authorized representative of the Authority."
The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator or other duly authorized official of said agency.
EXECUTIVE DIRECTORThe Executive Director of The Borough of Morrisville Municipal Authority or his or her appointed designee.
GRAB SAMPLEA sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
INSTANTANEOUS LIMITThe 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.
INTERFERENCEA discharge that, 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 Authority'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 Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
LOCAL LIMITSpecific discharge limits developed and enforced by the Authority upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR
403.5(a)(1) and
(b).
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.
MONTHLY AVERAGEThe sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
MONTHLY AVERAGE LIMITThe highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
NEW SOURCEA. 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 that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(1) 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(1) or (2) above 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:
(1) Begun, or caused to begin, as part of a continuous on-site construction program:
(a) 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 definition.
NONCONTACT COOLING WATERWater used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product.
PASS-THROUGHA discharge which exits the POTW into waters 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 a violation of any requirement of the Authority's NPDES permit, including an increase in the magnitude or duration of a violation.
PERSONAny 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. This definition includes all federal, state and local governmental entities.
pHA measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANTDredged 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 (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
PRETREATMENTThe 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.
PRETREATMENT REQUIREMENTSAny substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS (POTW)A treatment works, as defined by Section 212 of the Act (33 U.S.C. §
1292), which is owned by the Authority. 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.
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGEHuman excrement and gray water (household showers, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER (SIU)Except as provided in Subsections C and D of this definition:
A. An industrial user subject to categorical pretreatment standards; or
An industrial user that:
(1) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling 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 Director on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
If authorized under state law, the Director may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gpd of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(1) The industrial user, prior to the Director's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
The industrial user annually submits the certification statement required in §
345-55B [See 40 CFR
403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated wastewater.
Upon a finding that a user meeting the criteria in Subsection
B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Borough may, at any time, on its own initiative or in response to a petition received from an industrial 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.
SIGNIFICANT NONCOMPLIANCEA. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
Any other discharge violation that the Authority believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the Authority's exercise of its emergency authority to halt or prevent such a discharge;
Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation(s) which the Authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD or SLUG DISCHARGEAny discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §
345-16 of this Part
2. 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.
Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
WASTEWATERLiquid 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.