Unless the context specifically indicates otherwise, the following
terms and phrases as used in this Sewer Use Ordinance shall have the
meanings hereinafter designated:
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.
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT INDUSTRIAL USER
(1)
A principal executive officer of at least the level of vice
president, if the user is a corporation;
(2)
A general partner or proprietor, if the user is a partnership
of proprietorship, respectively;
(3)
A director or highest official appointed or designated to oversee
operations and performance, if the user is a federal, state or local
governmental facility.
(4)
The manager of one or more manufacturing, production or operating
facilities, provided the manager is authorized to make management
decisions which 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 control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(5)
A duly authorized representative of the individual identified
in (1) through (4) above, if such representative is responsible for
the overall operation of the facilities from which the indirect discharge
originates and a written request for designation of an alternate representative
is approved by the PWTA.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5 (a) (1) and (b) and §
260-53 of the Authority's Rules and Regulations. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal of drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND (BOD5)
The quantity of oxygen consumed in the biochemical oxidation
of organic matter under the standard five-day laboratory procedure,
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/1)].
BOROUGH
The Borough of Silverdale which owns and operates the wastewater
collection and treatment system for which this Sewer Use Ordinance
govern.
COMPATIBLE POLLUTANT
A pollutant for which the PWTA wastewater treatment plant
was specifically designed to treat and remove such as biochemical
oxygen demand (BOD5), total suspended solids (TSS), ammonia nitrogen
(NH3-N), total phosphorus (P), and to a lesser degree oil and grease.
CONTROL AUTHORITY
Shall refer to the PWTA Wastewater Treatment Plant Manager,
since the PWTA has an approved pretreatment program under the provisions
of 40 CFR 403.11.
DEP or PADEP
Pennsylvania Department of Environmental Protection. Previously
referred to as DER, Pennsylvania Department of Environmental Resources.
ENFORCEMENT RESPONSE PLAN (ERP)
A plan developed by the Borough which details the responses
that will be taken by the PWTA for various violations of these Rules
and Regulations, a categorical pretreatment standard, or any other
pretreatment requirement. The ERP is a supplement to this Sewer Use
Ordinance and is available through the Borough or PWTA Manager.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Water
Management Division Director or other duly authorized official of
said agency.
EQUIVALENT DWELLING UNIT (EDU)
Any source of wastewater into the Borough's sewer system
which has the following typical wastewater characteristics:
(2)
Ammonia-nitrogen, as N (NH3-N): 25 mg/1.
(3)
Biochemical oxygen demand (BOD5): 250 mg/1.
(4)
Phosphorous, as P: 10 mg/1.
(5)
Total suspended solids (TSS): 250 mg/1.
(6)
Total Kjeldahl nitrogen (TKN): 40 mg/1.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
standards, which will be applicable to such source if the standard
is thereafter promulgated in accordance with Section 307 of the Act.
GRAB SAMPLE
A sample that is taken from a waste stream on a one-time
basis over a period of time not to exceed 15 minutes, with no regard
to the flow in the waste stream. To fulfill EPA's General Pretreatment
Regulations, all grab samples taken pursuant to this Sewer Use Ordinance
shall consist of a minimum of four samples taken individually and
flow composited in the laboratory, or analyzed separately and averaged.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants into the
collection system, including holding tank waste discharged into the
system as outlined in 40 CFR 403.31(g) and Sections 307 (b), (c) and
(d) of the Act.
INDUSTRIAL USER
Any nondomestic source of indirect discharge to the Borough's
sewer system.
INTERFERENCE
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the wastewater
collection and treatment system treatment processes, operations, or
its biosolids processes, use or disposal; and therefore is a cause
of a violation of any requirement of the PWTA NPDES permit. The term
includes prevention of biosolids use, processing, and disposal by
the receiving treatment facility in accordance with Section 405 of
the Act (33 U.S.C. § 1345) or any criteria, guidelines,
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clear Air Act, the Toxic Substances Control Act, or more
stringent state criteria, including those contained in any state biosolids
management plan prepared pursuant to Title IV of SWDA and applicable
to the method of disposal or use employed by the receiving treatment
facility.
MANAGER
The person designated by the PWTA to supervise the operation
of the treatment system and who is charged with certain duties and
responsibilities by this article, or his duly authorized representative.
NEW SOURCE
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 of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
(1)
The build, structure, facility or installation is constructed
at a site at which no other source is located; or
(2)
The build, structure, facility or installation totally replaced
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(3)
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.
NONCONTACT COOLING WATER
Water used for cooling purposes which does not come in direct
contact with any raw material, intermediate product, waste product,
or finished product.
PASS-THROUGH
A discharge that exits the PWTA 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 PWTA NPDES permit
(including an increase in the magnitude or duration of a violation).
pH
A measure of the acidity or alkalinity of a solution expressed
in standard units.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, biosolids, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into the Borough's sewer system.
PRETREATMENT or TREATMENT
The reduction of the quantity of pollutants, the elimination
of pollutants, the alteration of the nature 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 Borough's wastewater collection
and treatment system. The reduction or alteration can be obtained
by physical, chemical, or biological processes, or by process changes
or by other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
including those promulgated by the EPA under the Act, and those established
by the PWTA.
PRETREATMENT STANDARDS
Pretreatment standards shall mean any prohibited discharge
standards, categorical pretreatment, or local limits.
SIGNIFICANT INDUSTRIAL USER
Any nondomestic user of the Borough's wastewater collection
and treatment system who:
(1)
Is subject to categorical pretreatment standards:
(2)
Discharges an average of 25,000 gallons per day process wastewater
to the Borough's collection and treatment system;
(3)
Contributes a process waste stream that makes up 5% or more
of the average dry weather hydraulic or organic capacity of the PWTA
treatment plant:
(4)
Is designated as such by the Borough on the basis that the user
has a reasonable potential for adversely affecting the operation of
the treatment plant, the quality of the biosolids generated at the
PWTA WWTP, or for violating any pretreatment standard or requirement.
SIGNIFICANT NONCOMPLIANCE (SNC)
An industrial user or user is in significant noncompliance
if its violation meets one or more of the specific criteria set forth
in 40 CFR 403.8(f)(2)(viii). For purposes of this definition, a user
is in significant noncompliance if its violations meets one or more
of the following criteria:
(1)
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 (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1);
(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 equals or exceeds the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by
the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit or narrative standard) that the Authority determines, interference
or pass-through (including endangering the health of municipal personnel
or the general public);
(4)
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment, or has resulted
in the 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 a wastewater contribution 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 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 violation of best management
practices, which the Authority determines will adversely affect the
operation or implementation of the local pretreatment program.
SLUG CONTROL PLAN
All significant industrial users are required to submit to the PWTA a slug control plan that meets the criteria set forth in §
260-53G of this Sewer Use Ordinance.
SLUG DISCHARGE or SLUG LOAD
Any pollutant released in a discharge at a flow rate or concentration which shall cause a violation for the specific discharge prohibitions in 40 CFR 403.5(b) or §
260-53 of these Rules and Regulations and/or any discharge of nonroutine nature, episodic nature, including but not limited to accidental spills or noncustomary batch discharges, which has a reasonable potential to cause interference or pass-through, or in any way violate the Authority's prohibited discharge standards, local limits, NPDES permit conditions or any other condition of its rules and regulations.
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.
STATE
Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
TOTAL SUSPENDED SOLIDS (TSS)
The total suspended matter that floats on the surface or
is suspended in water, wastewater, or other liquids, and which is
measured by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
Clean Water Act, or other acts promulgated by the federal or state
governments.
USER
Any person who contributes, causes, or permits the contribution
of wastewater into the Borough's collection and treatment system.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
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 contributed
into or permitted to enter the collection system.
WATERS OF THE STATE
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 state or any portion thereof.