A. ACT OR THE ACT AQUA AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT USER(1) (2) (3) BOARD OF SUPERVISORS BOD (DENOTES "BIOCHEMICAL OXYGEN DEMAND") BUILDING SEWER CATEGORICAL STANDARDS COMMERCIAL ESTABLISHMENT COMMONWEALTH COMPANY SERVICE LATERAL COOLING WATER CUSTOMER CUSTOMER SERVICE LINE DWELLING UNIT EDUCATIONAL ESTABLISHMENT EPA EQUIVALENT DWELLING UNIT OR EDU GRAB SAMPLE GREASE GREASE INTERCEPTOR HOLDING TANK WASTE IMPROVED PROPERTY INDIRECT DISCHARGES INDUSTRIAL ESTABLISHMENT INDUSTRIAL WASTES INSTITUTIONAL ESTABLISHMENT INTERFERENCE LATERAL MULTIPLE-USE IMPROVED PROPERTY NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT OR NPDES PERMIT NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD NITROGEN AMMONIA (NH3-N) NITROGEN, TOTAL KJELDAHL (TKN) OWNER PERSON PH PHOSPHATE (PO4 AS P) POLLUTANT PPM PRETREATMENT OR TREATMENT PUC SANITARY SEWAGE SEWER SEWERED AREA SEWER SYSTEM SIGNIFICANT USER(1) (2) (3) (4) STANDARD INDUSTRIAL CLASSIFICATION (SIC) STORMWATER STREET SUSPENDED SOLIDS TAPPING FEE TARIFF TOTAL PHOSPHORUS AS P TOTAL SOLIDS(1) (2) (3) TOWNSHIP TOXIC POLLUTANT TREATMENT PLANT USER USER CHARGE WASTEWATER
Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this article shall be as follows:
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
Aqua Pennsylvania Wastewater, Inc., the owner and operator of sewer system in Tobyhanna Township, as shown in the Tobyhanna Township Act 537 Plan approved by the Pennsylvania Department of Environmental Protection excluding Tobyhanna Township Sewer District No. 1. The term "Aqua" shall also include all other sanitary sewer service providers in Tobyhanna Township with a service area shown in the Tobyhanna Township Act 537 Plan approved by the Pennsylvania Department of Environmental Protection and a tariff on file with the PUC.
[Added 9-17-2019 by Ord. No. 555]
A principal executive officer of at least the level of vice president if the significant user is a corporation;
A general partner or proprietor if the significant user is a partnership or proprietorship, respectively; or
A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates, or any governmental entity within the Township. The signature must conform to requirements set forth in 40 CFR 403.12(1).
The Board of Supervisors of the Township.
The quantity of oxygen, expressed in ppm by weight, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C., expressed in terms of weight and concentration (milligrams per liter). The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, Inc.
The sewage drainage system from a building constructed on any improved property to the company service lateral serving such improved property, including any customer service line, grinder pump or pressure sewer or similar apparatus or facilities installed by the Township or the owner and which are located on such improved property.
[Amended 9-17-2019 by Ord. No. 555]
National Categorical Pretreatment Standards or pretreatment standards.
Any room, group of rooms, building or enclosure, or group thereof, 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, which maintains separate toilet, sink or other plumbing facilities in the room or group of rooms utilized for such business enterprise.
The Commonwealth of Pennsylvania.
Aqua's pipe or line extending laterally out from Aqua's collection main that connects the building service line at the hypothetical or actual curbline, edge of the right-of-way or the actual property line.
[Added 9-17-2019 by Ord. No. 555]
The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
A person, at least 18 years of age, or entity who is an owner, occupant or who contracts with Aqua for or who takes or receives wastewater collection, treatment and/or disposal service. Also referred to herein as a "user" and includes significant users.
[Added 9-17-2019 by Ord. No. 555]
The connecting facilities from Aqua's sewage lines or mains at the curbline into and within the customer's premises.
[Added 9-17-2019 by Ord. No. 555]
Any room, group of rooms, house trailer, apartment, condominium, cooperative or other enclosure connected, directly or indirectly, to the sewer system and occupied or intended for occupancy as living quarters by an individual, a single family or other discrete group of persons, excluding institutional dormitories.
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, for educational purposes, including both public and private schools or colleges.
The Environmental Protection Agency of the United States of America.
The unit of measure by which the user charge and the tapping fee shall be imposed upon each improved property, as determined in this article or in any subsequent ordinance of the Township, which shall be deemed to constitute the estimated, equivalent amount of sanitary sewage discharged by a typical single-family dwelling unit.
A sample which is taken from a waste stream on a one-time basis, with no regard to the flow in the waste stream and without consideration of time.
A material composed primarily of fatty matter from animal or vegetable sources or from hydrocarbons of petroleum origins. The terms "oil and grease" or "oil and grease substances" shall be deemed as grease by definition.
[Added 6-10-2002 by Ord. No. 425]
A device so constructed as to separate and trap or hold oil and grease substances from the sewage discharged from a facility in order to keep oil and grease substances from entering the sanitary sewer collection system. Under-the-sink grease interceptors shall not be construed as meeting the grease interceptor definition in this chapter.
[Added 6-10-2002 by Ord. No. 425]
Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
Any property upon which there is located a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged, which is located within the sewered area and is subject to the mandatory connection provisions of this article.
The discharge or the introduction of pollutants into the sewer system, including holding tank waste discharged into the sewer system as outlined in 40 CFR 403.31(g) and Sections 307(b), (c) and (d) of the Act.
Any improved property used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property from which wastes, in addition to or other than sanitary sewage, shall or may be discharged. Industrial establishments shall include those industries or commercial activities which rely on water usage itself as a primary source of income, and includes, without limitation, laundromats and car washes.
[Amended 10-30-1998 by Ord. No. 401]
Any and all wastes discharged from an industrial establishment, and/or any wastewater having characteristics which may have the potential to be detrimental to the treatment plant, other than sanitary sewage.
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system, including institutional dormitories and school buildings, which do not constitute a commercial establishment, a dwelling unit or an industrial establishment.
The inhabitation or disruption of the treatment plant treatment processes or operations or its sludge operations which contributes to a violation of any requirement of the Township's NPDES permit. The term includes prevention of sewage sludge use, sludge processes or disposal by the treatment plant 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 Clean Air Act, the Toxic Substances Control Act or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the treatment plant.
That part of the sewer system extending from a sewer to the curbline, or if there is no curbline, to the property line, or if no such extension is provided, then "lateral" shall mean that portion of, or place in, a sewer that is provided for connection of any building sewer.
Any improved property upon which there shall exist any combination of a dwelling unit, commercial establishment, industrial establishment, educational establishment or institutional establishment.
A permit issued 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 40 CFR 403.5.
The quantity of ammonia nitrogen expressed in terms of weight and concentration (milligrams per liter) as nitrogen and determined by an analytical method outlined in 40 CFR Part 136.
The quantity of total Kjeldahl nitrogen (TKN) expressed in terms of weight and concentration (milligrams per liter) as nitrogen and determined by an analytical method outlined in 40 CFR Part 136.
Any person vested with title, legal or equitable, sole or partial, of any improved property.
Any individual, partnership, company, association, society, trust, corporation or other group or entity, including municipalities, municipality authorities, school districts and other units of government.
The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in grams per liter of solution, indicating the degree of acidity or alkalinity of a substance.
The quantity of phosphate ion (PO4) expressed in terms of weight and concentration (milligrams per liter) as phosphorus and determined by an analytical method outlined in 40 CFR Part 136.
Any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
Parts per million parts water, by weight.
The reduction of the amount 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 a sewer 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 4.03.6(d).
Pennsylvania Public Utility Commission.
[Added 9-17-2019 by Ord. No. 555]
Normal water-carried household and toilet wastes, including greywater, from any improved property.
Any pipe or conduit constituting a part of the sewer system used or usable for collection of sanitary sewage and/or industrial wastes.
That geographic area of the Township in and about the Village of Blakeslee served or to be served by the sewer system, as determined and designated, from time to time, by the Board of Supervisors of the Township. For purposes of this article, "sewered area" shall not include Tobyhanna Sewer District No. 1, which shall be governed under separate Articles VIII and IX of this chapter.
[Amended 3-10-2014 by Ord. No. 513]
All facilities, at any particular time, acquired, constructed, operated and/or owned by Aqua for collecting, pumping, transporting, treating and/or disposing of sanitary sewage and/or industrial wastes in the Township, other than a building sewer or customer service line. For purposes of this article, "sewer system" shall not include Tobyhanna Township Sewer District No. 1 which shall be governed under separate Articles VIII and IX of this chapter.
[Amended 9-17-2019 by Ord. No. 555]
Any nonresidential user of the sewer system who:
Has a wastewater flow of 25,000 gallons or more per average work day;
Has a flow greater than 5% of the total flow in the sewer system;
Has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act or Pennsylvania statutes and rules; or
Is found by the Township, the DEP or the EPA to have significant impact, either singly or in combination with other users, on the treatment plant, the quality of sludge, the sewer system's effluent quality or air emissions generated by the sewer system.
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget 1972.
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
Includes any street, road, lane, court, cul-de-sac, alley, public way or public square, including such streets as are dedicated to public use, and such streets as are owned by private persons.
The total suspended matter expressed in terms of weight and concentration (milligrams per liter) that floats on the surface or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering.
A fee against the owner of any improved property in the area served by the sewer system which actually connects to or is required to be connected pursuant to the mandatory connection provisions of this article or any other ordinance then in effect requiring such connection to the sewer system.
Aqua's tariff on file with the PUC, as same shall be supplemented or amended from time to time. In the event of any conflict between Aqua's tariff and this article, Aqua's tariff shall control. This article shall not be deemed to limit any of Aqua's rights, powers or duties contained in Aqua's tariff.
[Added 9-17-2019 by Ord. No. 555]
Total phosphorus as determined pursuant to the procedure set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, Inc.
Solids determined by evaporating at 103° C. a mixed sample of wastewater as determined pursuant to the procedure set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, Inc. Total solids include floating solids, suspended solids, settleable solids and dissolved solids, as defined below:
SUSPENDED SOLIDS- Solids determined by standard laboratory procedure in the waste.
SETTLEABLE SOLIDS- Solids that settle in an imhoff cone from a standard sample of waste.
DISSOLVED SOLIDS- Solids that are dissolved in the waste and cannot be removed by filtration but can be determined by evaporation.
The Township of Tobyhanna, Monroe County, Pennsylvania, a political subdivision of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of Clean Water Act Section 307(a) or other acts.
The wastewater treatment and disposal system facilities to be acquired and constructed by this Township, together with all appurtenant facilities and properties, and together with any additions, improvements, enlargements and/or modifications thereto from time to time acquired or constructed.
Any person who contributes, causes or permits the contribution of wastewater into the sewer system or the treatment plant from an improved property.
The quarterly rental or charge imposed by the Township hereunder, as amended from time to time, against the owner of each improved property, for the use or availability of use of the sewer system.
The liquid- and water-carried industrial wastes or sanitary sewage from a dwelling unit, commercial establishment, institutional establishment, industrial establishment 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 treatment plant.
B.
The following abbreviations shall have the designated meanings:
CFR | Code of Federal Regulations |
CWA | Clean Water Act |
DEP | Pennsylvania Department of Environmental Protection |
EPA | United States Environmental Protection Agency |
l | Liter |
mg | Milligrams |
mg/l | Milligrams per liter |
NPDES | National Pollutant Discharge Elimination System |
O & M | Operation and maintenance |
SIC | Standard Industrial Classification |
SWDA | Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq. |
TKN | Total Kjeldahl Nitrogen |
TSS | Total Suspended Solids |