Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this Part 3, 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 Regional Administrator of EPA, Region III.
The Valley Joint Sewer Authority (VJSA), Athens Borough,
Bradford County, Pennsylvania, owner/operator of the wastewater treatment
plant that treats wastewater from the sewer systems owned by Athens
Borough, Athens Township, Sayre Borough and South Waverly Borough,
Bradford County, Pennsylvania.
If the industrial user is a corporation, the authorized representative
shall be:
The president, vice president, secretary or treasurer 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 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 control mechanism requirements; and where authority
to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
If the industrial user is a partnership or sole proprietorship,
an authorized representative shall mean a general partner or proprietor,
respectively.
If the industrial user is a federal, state or local government
facility, the authorized representative shall mean a ranking elected
official or principal executive official having responsibility for
the overall operation and performance of the activities of the principal
geographic unit of the government agency.
The individuals described in Subsections A through C above may designate another authorized representative if:
The authorization is made, in writing, by the individual described
above;
The authorization specifies either an individual or a position
responsible for the overall operation of the facility from which the
indirect discharge originates or having overall responsibility for
environmental matters for the company; and
The written authorization is submitted to the VJSA.
Schedules of activities, prohibitions of practices maintenance procedures and other management practices to implement the prohibitions listed in § 137-66 of this Part 3. 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.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory conditions, five days
at 20° C., usually expressed as a concentration, milligrams per
liter (mg/L).
The Borough of Sayre or the Borough Council of Sayre, Bradford
County, Pennsylvania, owner/operator of the sewer system in Sayre
Borough, Bradford County, Pennsylvania.
An industrial user subject to federal categorical pretreatment
standards.
Any room, group of rooms, building or enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use in the operation of a business enterprise for the sale and distribution
of any product, commodity, article or service.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
time or flow.
The Valley Joint Sewer Authority, owner/operator of the wastewater
treatment plant.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, to which the only pollutant added is heat.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where the daily maximum limit is expressed in concentration,
the daily maximum is the arithmetic average of all measurements taken
that day. Where the daily maximum limit is expressed in mass, the
daily maximum is the total mass discharged over the course of a calendar
day.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
Human excrement and gray water (showers, dishwashers, washing
machines, etc.) from residential households, institutions, commercial
and industrial establishments, but excluding industrial wastes.
Each room, group of rooms, building, house trailer or mobile
home 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 U.S. 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.
Any source of discharge, the construction or operation of
which commenced prior to the publication of proposed federal categorical
pretreatment standards which will be applicable to such source if
the federal categorical pretreatment standard is thereafter promulgated
in accordance with Section 307(c) of the Act (33 U.S.C. § 1317).
Organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules,
such as rendered animal fat, vegetable shortening and other such oily
material used for the purposes of and resulting from cooking and/or
preparing food, and is distinct from petroleum or mineral oils.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of Industrial Users and which appears in 40 CFR Chapter 1, Subchapter N, §§ 405 through 471.
Any food service facility that prepares or packages food
or beverages for sale or consumption, on site or off site, with the
exception of private residences. Food service establishments shall
include, but are not limited to, food courts, food manufacturers,
food packagers, restaurants, grocery stores, bakeries, lounges, hospitals,
hotels, nursing homes, churches and schools.
A sample which is taken from a wastestream on a one-time
basis, with no regard to the flow in the wastestream and over a period
of time not to exceed 15 minutes.
A device located underground and outside of a food service
establishment designed to collect, contain or remove food wastes and
grease from the wastestream while allowing the wastewater to discharge
to the sewer system by gravity.
A device located inside a food service establishment or under
a sink designed to collect, contain or remove food wastes and grease
from the wastestream while allowing the wastewater to discharge to
the sewer system by gravity.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of pollutants from any
nondomestic source regulated under Section 307(b), (c) or (d) of the
Act (33 U.S.C. § 1317) into the POTW, including holding
tank waste discharged into the POTW treatment plant.
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, in the operation of a business enterprise
for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article, or from which any industrial wastewater,
as distinct from domestic wastewater, shall be discharged.
A program administered by the VJSA pursuant to this Part
3 controlling the discharge of industrial wastewater to the Borough
sewer system and treated at the VJSA POTW treatment plant. This includes,
but is not limited to, provisions Included in the VJSA industrial
pretreatment program protocol in accordance with 40 CFR 403.
A source of indirect discharge.
Any liquid, gaseous or waterborne waste discharged into the
sewer system from commercial or industrial establishments, as distinct
from domestic wastewater.
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.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system, including institutional
dormitories and educational establishments, which do not constitute
a commercial establishment, a dwelling unit or an industrial establishment.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment plant, its treatment processes or operations,
or its sludge processes, use or disposal, and therefore is a cause
of a violation of any requirement of the VJSA's NPDES permit or of
the prevention of sewage sludge use or disposal by the POTW treatment
plant in accordance with any of the following statutory/regulatory
provisions or permits issued thereunder (or more stringent state and
local regulations): Section 405 of the Act (33 U.S.C. § 1345);
the Solid Waste Disposal Act (SWDA),[1] including Title II, more commonly referred to as the "Resource
Conservation and Recovery Act (RCRA);" the Clean Air Act (CAA);[2] the Toxic Substances Control Act (TSCA);[3] the Marine Protection, Research and Sanctuaries Act;[4] and any state regulations contained in any state sludge
management plan prepared pursuant to Title IV (Subtitle D) of the
SWDA applicable to the method of disposal or use employed by the POTW
treatment plant.
Permissive.
Isolation wastes, infectious agents, human blood and blood
by-products, pathological wastes, sharps, body parts, etiologic agents,
contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes and dialysis wastes.
The highest allowable average of daily measurements 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.
A permit issued to control the discharge of pollutants from
point sources into the navigable waters, the contiguous zone and the
oceans pursuant to Section 402 of the Act (33 U.S.C. § 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and set forth in 40 CFR 403.5.
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 federal categorical
pretreatment standards under Section 307(c) of the Act (33 U.S.C.
§ 1317) which apply 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 which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(2) or (3) 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 part of a continuous on-site construction
program any placement, assembly or installation of facilities or equipment;
or significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities which is
necessary for the placement, assembly or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment, which are intended to be used in its operation
within a reasonable time from the date on which the contract was entered.
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.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
An industrial user subject to federal categorical pretreatment
standards that is deemed not a significant industrial user, as defined
in this section, based on a finding that the industrial user never
discharges more than 100 gallons per day (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:
A classification system pursuant to the North American Industry
Classification System, United States, 2002 Manual, as amended, Office
of Management and Budget.
A discharge which exits the POTW treatment plant 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 VJSA NPDES permit,
including an increase in the magnitude or duration of a violation.
Any 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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in standard units and indicates the degree
of acidity or alkalinity of a solution.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, industrial,
municipal and agricultural wastes and certain characteristics of wastewater
(e.g., biochemical oxygen demand (BOD), chemical oxygen demand (COD),
color, odor, pH, temperature, total suspended solids (TSS), toxicity
or turbidity).
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater, which is owned and operated by the Valley Joint Sewer
Authority.
The person designated by the VJSA to supervise the operation
of the POTW treatment plant and who is charged with industrial pretreatment
program implementation and enforcement responsibilities under this
Part 3, or his duly authorized representative.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, discharging or otherwise introducing
such pollutants into a POTW. This reduction or alteration can be obtained
by physical, chemical or biological processes, by process changes,
or by other means, except as prohibited by 40 CFR 403.6(d), which
prohibits dilution as a substitute for treatment.
Any substantive or procedural requirement related to pretreatment
imposed on an industrial user, other than a pretreatment standard.
Prohibited discharge standards, federal categorical pretreatment
standards and local limits.
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of domestic or industrial wastewater and any conveyances which convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act [33 U.S.C. § 1362(4)] which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. Under this Part 3, the Borough is responsible for the sewer system and the VJSA is responsible for the wastewater treatment plant.
All facilities and property owned and operated by the Borough
including, but not limited to, facilities for collecting, pumping
and conveying domestic and industrial wastewater to the POTW treatment
plant.
Mandatory.
Except as provided in this section, any nonresidential discharger
to the POTW treatment plant who:
Discharges industrial wastewater subject to federal categorical
pretreatment standards (also known as a "CIU"); or
Discharges an average of 25,000 gallons per day or more of industrial
wastewater to the POTW treatment plant (excluding sanitary, noncontact
cooling water and boiler blowdown wastewater); or
Discharges industrial wastewater which makes up 5% or more of
the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as significant by the VJSA on the basis that the industrial user has a reasonable potential for adversely affecting the POTW treatment plant operation or for violating any pretreatment standard or requirement. Upon a finding that an industrial user meeting the criteria in Subsections B through D has no reasonable potential for adversely affecting the POTW treatment plant operation or for violating any pretreatment standard or requirement, the VJSA may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures established in 40 CFR 403.8(f)(6), determine that such industrial user should not be considered a significant industrial user.
Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 137-66 of this Part 3, including, but not limited to, an accidental spill or noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate this Part 3, local limits or wastewater discharge permit conditions.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquid, and which is removable
by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by EPA pursuant to Section 307(a) (33 U.S.C.
§ 1317) of the Clean Water Act or other acts.
Any person who contributes, causes, or allows the discharge
of wastewater into the POTW treatment plant.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the State or any portion thereof.
The following abbreviations found in this Part 3 shall have
the designated meanings:
Best management practices.
Baseline monitoring report.
Biochemical oxygen demand.
Clean Air Act, 42 U.S.C. § 7401 et seq.
Code of Federal Regulations.
Categorical industrial user.
Chemical oxygen demand.
Department of Environmental Protection (Pennsylvania).
Environmental Protection Agency (United States).
Fats, oils and greases.
Gallons per day.
Liter.
Lower explosive limit.
Milligrams.
Milligrams per liter.
Million gallons per day.
Material safety data sheet.
North American Industry Classification System.
Notice of violation.
National Pollutant Discharge Elimination System.
Nonsignificant categorical industrial user.
Operation and maintenance.
Publicly owned treatment works.
Resource Conservation and Recovery Act, 42 U.S.C. § 6901
et seq.
Significant industrial user.
Significant noncompliance.
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
Technical review criteria.
Toxic Substances Control Act, 15 U.S.C. § 2601
et seq.
Total suspended solids.
United States Code.
