City of Lancaster, PA Article I General Provisions

§ 249-1 Purpose and policy.

A. This chapter sets forth uniform requirements for users of the publicly owned treatment works for the City of Lancaster and enables the City to comply with all applicable state and federal laws, including the Clean Water Act [33 United States Code (U.S.C.) § 1251 et seq.] and the General Pretreatment Regulations [Title 40 of the Code of Federal Regulations (CFR) Part 403]. The objectives of this chapter are:

(1) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

(2) 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;

(3) 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;

(4) To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

(5) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

(6) 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.

B. This chapter shall apply to all users of the publicly owned treatment works. The chapter authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.

§ 249-2 Administration.

Except as otherwise provided herein, the Director of Public Works (Director) shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to a duly authorized City employee.

§ 249-3 Abbreviations.

The following abbreviations, when used in this chapter, shall have the designated meanings:

BOD	Biochemical oxygen demand
BMP	Best management practice
BMR	Baseline monitoring report
CFR	Code of Federal Regulations
CIU	Categorical industrial user
COD	Chemical oxygen demand
CWA	The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
EPA	U.S. Environmental Protection Agency
gpd	Gallons per day
IU	Industrial user
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
NSCIU	Non-significant categorical industrial user
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SIU	Significant industrial user
SNC	Significant noncompliance
TSS	Total suspended solids
U.S.C.	United States Code

§ 249-4 Definitions; word usage.

A. The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates 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.

APPROVAL AUTHORITY

Regional Administrator of the EPA.

AUTHORIZED INDUSTRIAL WASTE

Industrial waste to be discharged into a sanitary sewer, combined sewer or storm sewer which complies with all provisions of this part regarding quantity and quality and which:

(1) Is approved, in writing, by the Control Authority; and

(2) In the case of discharge into a storm sewer, is also approved, in writing, by the Department of Environmental Protection.

AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE

(1) If the user is a corporation:

(a) 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

(b) 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 initiating and directing 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 requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3) If the user is a federal, state or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or designee.

(4) The individuals described in Subsections (1) through (3) 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 Control Authority.

AVERAGE MONTHLY LIMIT (AML)

The concentration limit which applies to the average of all sampling events conducted within a calendar month.

BASELINE MONITORING REPORT

Refers to the report required in § 249-13G [40 CFR Part 403.12(b)], to be submitted by all industrial users subject to pretreatment standards.

BEST MANAGEMENT PRACTICES (BMPs)

As used in this chapter, BMPs are schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in § 249-6D and E [40 CFR Part 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.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of dissolved oxygen consumed in the biochemical oxidation of the organic matter in waste under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter (mg/l). It shall be determined by one of the acceptable methods described in 40 CFR Part 136.

BUILDING CODE

Chapter 116, Construction Code, Uniform, of the Code of the City of Lancaster.

BUILDING SEWER OR SEWER LATERAL

Part of the private property sewer drainage system that connects via pipe to the City sewer system in the public street, public alley, City sewer easement, or City right-of-way. The property owner is responsible for all aspects of the sewer lateral from within their private property and to the sewer lateral's connection to the City sewer system. It is the City's policy that sewer laterals are privately owned and maintained, and that private property owners are responsible for maintaining the sewer lateral in good condition, as the sewer lateral provides for purely private use.

[Amended 9-27-2022 by Ord. No. 19-2022]

CATEGORICAL INDUSTRIAL USER

An industrial user subject to a categorical pretreatment standard or categorical standard.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Quantities or concentrations of pollutants or pollutant properties which may be discharged to the sewerage system by existing or new industrial users in specific industrial subcategories as established in appropriate subpart of 40 CFR Chapter I, Subchapter N, Parts 405 to 471. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.

CHEMICAL OXYGEN DEMAND or COD

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

CHLORINE DEMAND

The quantity of chlorine absorbed in water, sewage or other liquids, allowing a residual of 0.1 parts per million (ppm) after 15 minutes contact.

CITY

The City of Lancaster, Lancaster County, Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.[1]

CITY SEWER SYSTEM

Sewer mains, pumping stations, sewer force mains, sewage treatment plants and all appurtenant facilities operated by the City in furnishing sewage service.

CITY WATER SYSTEM

The facilities operated by the City's Water Bureau.

CLEAN WATER ACT (CWA)

Refers to the Federal Water Pollution Control Act, 62 Stat. 1155, 33 U.S.C. § 1251 et seq.

CODES OFFICE

City of Lancaster Office of Codes Compliance and Inspections.

COLOR

Of an industrial waste, the color of the light transmitted by the waste solution after removing the suspended material, including the pseudo-colloidal particles.

COMBINED SEWER

A sewer which carries sewage and industrial wastes and also stormwater, surface water and groundwater.

COMMERCIAL ESTABLISHMENT

A property which is intended to be used for the purpose of carrying on a trade, business or profession or for social, religious, educational, charitable or public uses.

COMMERCIAL WASTE

Any and all wastes discharged from a commercial establishment other than domestic sanitary wastewater.

COMMERCIAL/INDUSTRIAL DISCHARGE PERMIT

Refers to a permit issued to those industrial users that the City does not classify as significant industrial users, but are considered to have a minor impact, either potential or realized, either singly or in combination with other contributing commercial or industrial establishments, on the sewerage system and/or the sewage treatment plant (either its operational efficiency, effluent quality or of the sludge produced by such facility).

COMPOSITE SAMPLE

A combination of individual samples obtained at regular intervals over a specified time period. The volume of each individual sample may be either proportional to the flow rate during the sample period (flow composite) or constant and collected at equal time intervals during the composite period (time composite).

CONNECTED USER

A user located in the service area that discharges into the sewerage system through a direct connection point that has been approved by the City.

CONTROL AUTHORITY

The City of Lancaster.

DAILY MAXIMUM

The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

DAILY MAXIMUM LIMIT

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 a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

DIRECTOR

The Director of the Department of Public Works. The person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative of the Director.

DISSOLVED SOLIDS

That concentration of matter in a waste consisting of colloidal particulate matter and both organic and inorganic molecules and ions present in solution that pass through a standard filter according to the approved procedures outlined in 40 CFR Part 136.

DOMESTIC ESTABLISHMENT

Any room, group of rooms, building or enclosure which shall be occupied or intended for occupancy as separate living quarters by one family or other group of people living together or by individuals living alone, upon an improved property.

DOMESTIC SANITARY WASTEWATER

Normal water carrying household and toilet wastes discharged from an improved property.

DOMESTIC USER

An improved property or any person discharging only sewage.

EFFLUENT DATA

Any source of discharge of any pollutant, as defined herein.

(1) Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of any pollutant which has been discharged by the source (or of any pollutant resulting from any discharge from the source), or any combination of the foregoing;

(2) Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of the pollutants which, under an applicable standard or limitation, the source was authorized to discharge (including, to the extent necessary for such purpose, a description of the manner or rate of operation of the source); and

(3) A general description of the location and/or nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).

(4) Notwithstanding Subsections (1), (2) and (3) above, the following information shall be considered to be effluent data only to the extent necessary to allow EPA to disclose publicly that a source is (or is not) in compliance with an applicable standard or limitation, or to allow EPA to demonstrate the feasibility, practicability, or attainability (or lack thereof) of an existing or proposed standard or limitation:

(a) Information concerning research, or the results of research, on any product, method, device, or installation (or any component thereof) which was produced, developed, installed, and used only for research purposes; and

(b) Information concerning any product, method, device, or installation (or any component thereof) designed and intended to be marketed or used commercially but not yet so marketed or used.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The United States Environmental Protection Agency or, where appropriate, the Water Protection Division Director, the Regional Administrator, or other duly authorized official of said agency.

EXISTING SOURCE

Any source of discharge that is not a "new source."

FATS, OILS, AND GREASES (FOG)

Organic polar compounds derived from vegetable or animal sources that are used in, or are a by-product of, the food preparation process. FOG are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. Also, sometimes singularly referred to as "grease" or "greases."

FOG CONTROL DEVICE

Any control device for removing or significantly reducing FOG from the liquid waste stream of a food service establishment or food manufacturer/processor prior to the wastewater entering the municipal sewer system.

FOG INTERCEPTOR

Any structure or device designed for the purpose of removing and preventing fats, oils, and grease, and other substances from entering the sewer system. See also "grease trap."

GARBAGE

Solid waste resulting from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage and sale of produce.

GRAB SAMPLE

A 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, but shall reasonably reflect actual discharge conditions for that instant.

GREASE TRAP

A device installed between the kitchen drain and the building sewer to separate and retain fats and grease before they enter the sewer system. Such traps are typically under-the-sink units that are near food preparation areas but could include other types of grease trap units.

GROUND GARBAGE

Garbage that has been shredded to such a degree that all its particles will be carried freely under normal sewer flow conditions, with no particles greater than 1/2 inch in any direction.

GROUNDWATER

That which is contained in or passing through the ground.

HAULER

Any person who alone, jointly or severally with others conducts or operates a tank truck or trucks for use in the removal, transportation and disposal of sewage and industrial wastes.

HEARING BOARD

The Board appointed according to provisions of § 249-19.

HOLDING TANK

A watertight receptacle designed to receive and retain sewage and is constructed to facilitate the ultimate disposal of the sewage at another site.

HOLDING TANK WASTE

The sewage originating from normal household activities containing human and customary household sewage or such sewage from commercial or industrial establishments, but excluding industrial wastes. The waste shall be certified by a hauler licensed by the City as sewage and shall be stored in such a way as not to concentrate said waste to a level of nonfilterable residue exceeding 1,000 mg/l.

IMPROVED PROPERTY

Any property upon which there is erected a structure or structures intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure or structures sewage and/or industrial waste shall be or may be discharged, or any property outside the corporate limits of the City upon which there is erected a structure or structures intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage and/or industrial waste shall be or may be discharged and which wastes are accepted by the City into the City's sewerage system as it exists now or with any extensions or enlargements that may be made in the future at any time.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source.

INDUSTRIAL ESTABLISHMENT

Any improved property which shall be used, in whole or in part, for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from sewage, shall be discharged.

INDUSTRIAL USER

A source of indirect discharge which is not a domestic user. For the purpose of this chapter, industrial user shall include food service establishments (FSEs) such as restaurants, caterers, food processors and other uses not typically classified as industrial.

INDUSTRIAL WASTE

Solids, liquids or gaseous substances or forms of energy ejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of development, recovering or processing of natural resources, or any wastes having any of the characteristics described under § 249-6 as distinct from but not sewage.

INDUSTRIAL WASTE DISCHARGE PERMIT

A permit issued to an industrial user in accordance with § 249-12.

INDUSTRIAL WASTES

Solid, liquid or gaseous substances or forms of energy ejected or escaping in 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 sewage.

INSTANTANEOUS LIMIT

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.

INTERFERENCE

A 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 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;[2] the Solid Waste Disposal Act;[3] 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;[4] the Toxic Substances Control Act,[5] and the Marine Protection, Research, and Sanctuaries Act[6] applicable to the method of disposal or use employed by the sewage treatment plant, or which causes a pass-through or disruption of operations at the sewage treatment plant.

LATERAL

See "building sewer or lateral."

LOCAL LIMIT

Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in § 249-6D and E.

MAXIMUM DAILY LIMIT (MDL)

The maximum allowable discharge limit of a pollutant during a calendar 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 during that day.

MEDICAL WASTE

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.

mg/l

Milligrams per liter.

MONTHLY AVERAGE

The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

MONTHLY AVERAGE LIMIT

The 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.

MUNICIPALITY

Any county, county authority, municipal authority, City, borough, township or school district.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES PERMIT)

A permit issued under the National Pollutant Discharge Elimination System (NPDES) for discharge to the navigable waters of the United States pursuant to Section 402 of the CWA.

NEW SOURCE

(1) 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 CWA which have been promulgated in accordance with that section and which are applicable to such source, provided that:

(a) The building, structure, facility or installation is constructed at a site at which no other source is located; or

(b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c) The production of waste 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.

(2) 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 (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source as defined under this definition has commenced if the owner or operator has:

(a) Begun, or caused to begin, as part of a continuous on-site construction program:

[1] Any placement, assembly, or installation of facilities or equipment; or

[2] 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

(b) 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.

[1] 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 WATER

Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NONFILTERABLE RESIDUE

Solids that either float to the surface or are in suspension in water, sewage, industrial waste or other liquids and which are removable by laboratory filtration. The quantity of nonfilterable residue shall be determined by one of the acceptable methods described in 40 CFR Part 136.

NUISANCE

A public nuisance as known in common law or in equity jurisprudence; whatever is dangerous to human life or detrimental to health.

OPERATOR

Any person having charge, care, management or control of a tank truck or trucks for use in the removal, transportation and disposal of sewage and industrial wastes.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any improved property.

PASS THROUGH

A discharge which exits the sewage treatment plant (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 City's NPDES permit or of any applicable local, state or federal water quality criteria, including an increase in the magnitude or duration of a violation.

PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (PADEP)

The Department of Environmental Protection of the Commonwealth of Pennsylvania or any department or agency of the commonwealth succeeding to the existing jurisdiction or responsibility of the Department of Environmental Protection.

PERSON

Any individual, firm, partnership, copartnership, company, association, society, corporation, a joint-stock company, a trust, estate, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipality authority or any other group or legally recognized entity or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities. The masculine gender shall include the feminine, and singular shall include the plural where indicated by the context.

pH

A measure of the acidity or alkalinity of a solution, expressed in standard units. The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution indicating the degree of acidity or alkalinity of a substance. The measurement of pH shall be determined by one of the accepted methods described in 40 CFR Part 136.

PLUMBING INSPECTOR

The Building Inspector of the City or a duly authorized assistant or representative.

POLLUTANTS

Any material that, when added to water, either because of the nature or quantity of the material, including but not limited to 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 and industrial, municipal and agricultural wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

PREMISES ACCESSIBLE TO THE SEWERAGE SYSTEM

Any improved property where the public sewer abuts, bounds or is adjacent to the property.

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 (POTW). The reduction or alteration can be obtained by physical, chemical or biological processes or by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT PROGRAM

A program administered by the City that has been approved by the EPA under 40 CFR 403.11 (related to approval procedures for preliminary pretreatment programs and granting of removal credits).

PRETREATMENT REQUIREMENT

Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.

PRETREATMENT STANDARDS or STANDARDS

"Pretreatment standards" shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 249-6.

PUBLIC NUISANCE

For the purpose of this chapter, a public nuisance is any violation of the prohibitions or effluent limitations of this regulation or any permit issued pursuant to this chapter.

PUBLIC SEWER

See "sewer."

PUBLICLY OWNED TREATMENT WORKS or POTW

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the City. 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.

QUALIFIED ANALYST

Any person holding an undergraduate degree in chemistry or in a closely allied field, such as biology or sanitary engineering, or any other person who has demonstrated competency in waste analysis by having analyzed satisfactorily a minimum of three reference waste samples as supplied upon request by the Control Authority.

REPORT ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARDS

Refers to the report required by § 249-13H, to be submitted by all industrial users subject to applicable categorical pretreatment standards.

SAMPLING EVENT

One or a combination of two or more grab samples collected within a single day for pollutants including but not limited to pH, cyanide, total phenols, oil and grease, sulfide and volatile organics; and for all other parameters, a composite sample accumulated over an appropriate time span as to account for temporal fluctuations in pollutant concentrations.

SANITARY SEWAGE

Spent water together with human and household wastes ordinarily removed by water carriage, and also industrial wastes. Such definition expressly excludes the effluent from septic tanks or cesspools, as well as rainwater, stormwater and groundwater which could in any way enter the sewer system, as well as roof or surface drainage, drainage of percolating or seeping waters or of accumulations thereof, whether underground or in cellars or basements.

SANITARY SEWER

A sewer which carries sewage and/or industrial wastes and to which stormwater, surface water and groundwater are not intentionally admitted.

SEPARATE STORM SEWER SYSTEM

A system of pipes and/or open channels that convey intercepted runoff and stormwater, as well as water from other sources, but excludes domestic sewage and industrial wastes.

SEPTAGE

Excrement and other waste material contained in or removed from a septic tank.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SEWAGE TREATMENT PLANT

Any arrangement of devices and structures used for treating sewage and authorized industrial waste.

SEWER

Any pipe or conduit in the City constituting a part of the sewer system which shall be used or usable for collection of sewage and industrial wastes.

SEWER LATERAL

Part of the private property sewer drainage system that connects via pipe to the City sewer system in the public street, public alley, City sewer easement, or City right-of-way. The property owner is responsible for all aspects of the sewer lateral from within their private property and to the sewer lateral's connection to the City sewer system. It is the City's policy that sewer laterals are privately owned and maintained, and that private property owners are responsible for maintaining the sewer lateral in good condition, as the sewer lateral provides for purely private use.

[Added 9-27-2022 by Ord. No. 19-2022]

SEWER SYSTEM or SEWERAGE SYSTEM

All facilities operated by the City which are used for collecting, pumping, transporting, treating and disposing of sewage and authorized industrial waste.

SIGNIFICANT INDUSTRIAL USER

Except as provided in Subsection (5) below, a significant industrial user is:

(1) All industrial users subject to categorical pretreatment standards under 40 CFR Part 403.6 and 40 CFR Chapter I, Subchapter N, Parts 405 to 471; or

(2) Any industrial user of the City's sewerage system who has a discharge flow of 25,000 gallons or more per average workday of process waste, or contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic flow or 5% or more of the organic BOD capacity of the sewage treatment plant; or

(3) Any industrial user found by the City, EPA or DEP to have significant impact, either potential or realized, either singly or in combination with other contributing industries, on the sewerage system and/or the sewage treatment plant (either its operational efficiency, effluent quality or quality of the sludge produced by said facility); or

(4) Any industrial user designated as such by the Control Authority on the basis that it has a reasonable potential to adversely affect the sewerage system or to violate a pretreatment standard or requirement [in accordance with 40 CFR Part 403.8(f)(6)].

(5) Upon a finding that a user meeting the criteria in Subsection (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City 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 NONCOMPLIANCE (SNC)

For the purposes of the public participation requirements of 40 CFR Part 25 in the enforcement of pretreatment standards, an industrial user is in significant noncompliance if its violations meet one or more of the following criteria:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 249-6;

(2) 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 equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by § 249-6, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment standard or requirement as defined herein (daily maximum, long-term average, instantaneous limit or narrative standard) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment or has resulted in the Control Authority's exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;

(6) Failure to provide, within 45 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;

(7) Failure to accurately report noncompliance; or

(8) Any other violation(s), which may include a violation of best management practices, which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG LOAD or SLUG DISCHARGE

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 249-6 of this part. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through or in any way violate the POTW's regulations, local limits or permit conditions.

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. The SIC code is being supplanted by the six-digit North American Industry Classification System [NAICS code; Executive Office of the President Office of Management and Budget, 1997, as amended (every five years)].

STORMWATER

Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.

SURFACE WATER

That portion of the precipitation which runs off over the surface of the ground.

TANK TRUCK

Any tank wagon, tank truck, tank car, can or any other container used for the removal, transportation and disposal of sewage and holding tank wastes.

TOTAL SOLIDS

Solids determined by evaporating at 100° C. a mixed sample of wastewater as determined pursuant to the procedures set forth in 40 CFR Part 136. Total solids include floating solids, suspended solids, settled solids and dissolved solids.

TOTAL SUSPENDED SOLIDS or SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

TOXIC SUBSTANCE

Any substance where gaseous liquid or solid waste which, when discharged to the City's facilities in sufficient quantities, will be detrimental to any biological wastewater treatment process, constitute a hazard to human beings or animals, inhibit aquatic life, or create a hazard to recreation in receiving waters of the effluent from the wastewater treatment plant, or as defined pursuant to P.L. 92-500 (Federal Water Pollution Control Act Amendments of 1972) or its amendments.

UPSET

An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

WASTE

Refers to any sewage, industrial waste or holding tank waste, or any substance defined as waste by state or federal regulations.

WASTEWATER

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.

WASTEWATER SYSTEM

All facilities, at any particular time, acquired, constructed, operated and/or owned by the City, for collecting, transporting, pumping, treating and disposing of wastewater.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

WATER BUREAU

The Bureau of Water of the City of Lancaster which operates facilities for furnishing water service to the public.

WATERCOURSE

A channel in which a flow of water occurs, whether continuously or intermittently.

[1] Editor's Note: The former definition of "city service line," which immediately followed this definition, was repealed 9-27-2022 by Ord. No. 19-2022.

[2] Editor's Note: See 33 U.S.C. § 1345 et seq.

[3] Editor's Note: See 42 U.S.C. § 6901 et seq.

[4] Editor's Note: See 42 U.S.C. § 7401 et seq.

[5] Editor's Note: See 15 U.S.C. § 2601 et seq.

[6] Editor's Note: See 16 U.S.C. § 1431 et seq.

B. "Shall" is mandatory; "may" is permissive.