§ 52.004  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires 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.
   AUTHORIZED REPRESENTATIVE OF THE USER.
      (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 decision-making functions for the corporation; or
         (b)   The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if 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 governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or its designee.
      (4)   The individuals described in divisions (1) through (3) above may designate another 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 city.
   BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20°C, usually expressed as a concentration (e.g., mg/l). It shall be determined by one of the methods acceptable to USEPA and PADEP as specified in 40 C.F.R. part 136 or otherwise, if no such method is specified by the foregoing, by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association.
   CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with §§ 307(b) and (c) of the Act (33 U.S.C. § 1317(b) and (c)) which apply to a specific category of users and which appear in 40 C.F.R. Chapter I, Subchapter N.
   CITY. The City of Corry, Erie County, Pennsylvania.
   COMBINED SEWER. A sewer designed to receive both sewage and stormwater runoff.
   COORDINATOR or PRETREATMENT COORDINATOR. The person designated by the city to supervise the pretreatment program for the POTW, and who is charged with certain powers, duties and responsibilities by this chapter, or a duly authorized representative thereof.
   DEPARTMENT OF ENVIRONMENTAL PROTECTION (PEP or PADEP). The Pennsylvania Department of Environmental Protection or, where appropriate, the Regional Water Quality Program Manager, or other duly authorized official of such Department.
   DOMESTIC USER. An owner of a single-family dwelling, flat, duplex or multi-unit dwelling of four units or less.
   ENVIRONMENTAL PROTECTION AGENCY (EPA or USEPA). The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Protection Division Director or other duly authorized official of such Agency.
   EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act, being 33 U.S.C. § 1317.
   GARBAGE. Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
   GRAB SAMPLE. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes or as reasonably determined by the coordinator.
   INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act, being 33 U.S.C. §§ 1317(b), (c), (d).
   INDUSTRIAL WASTES. Any liquid, gaseous or waterborne wastes from industrial processes or commercial establishments, as distinct from sanitary sewage.
   INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration or mass loading limit 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, which 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, of the Federal Clean Water Act (33 U.S.C. §§ 1251 et seq.), the Federal Clean Air Act (42 U.S.C. §§ 7401 et seq.), the state’s Clean Streams Act (35 P.S. §§ 691.1 et seq.), the state’s Air Pollution Control Act (35 P.S. §§ 4001 et seq.) or the regulations applicable to any of the foregoing, 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: § 405 of the Act (33 U.S.C. § 1345); the Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. §§ 6901 et seq.); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act (42 U.S.C. §§ 6941 et seq.); the Clean Air Act (42 U.S.C. §§ 7401 et seq.); the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.); and the Marine Protection, Research and Sanctuaries Act (16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.)
   MASS LOADING LIMIT or MASS LIMITATION. The pounds per day (or other specified interval) of a particular pollutant allowed to be discharged to the POTW at any time.
   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.
   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 § 307(c) of the Act, being 33 U.S.C. § 1317(c), which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
         (a)   The building, structure, facility or installation is constructed at a site at which no other source is located;
         (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 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.
      (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 divisions (1)(b) or (1)(c) above but otherwise alters, replaces or adds to existing process or production equipment.
      (3)   Construction of a NEW SOURCE as defined under this division has commenced if the owner or operator has:
         (a)   Begun, or caused to begin, as part of a continuous onsite 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.
         (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. 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 division.
   NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
   NONDOMESTIC USER. Any user other than a domestic user.
   OCCUPIED BUILDING. Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals, and from which structure sanitary sewage and industrial wastes, or either thereof, are or may be discharged.
   PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit, including an increase in the magnitude or duration of a violation.
   PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, limited liability company, limited liability partnership, 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.
   pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
   POLLUTANT. 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, municipal, agricultural and industrial wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, BOD, COD, toxicity or odor).
   PRETREATMENT. 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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
   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 § 52.015.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
   PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned and/or operated by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage, sanitary sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant, including without limitation public pipelines and pump stations.
   SANITARY SEWAGE. The normal water-carried household and toilet wastes from residences, business buildings, institutions, industries and commercial establishments, exclusive of stormwater runoff, surface water or groundwater.
   SANITARY SEWER. A sewer which carries sewage, and to which storm, surface and groundwaters are not intentionally admitted.
   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 and the like).
   SEWER. A pipe or conduit for carrying sewage or other waste liquids.
   SEWER DIRECTOR or DIRECTOR. The person designated by the city as the Director of the city’s Department of Streets and Public Improvements, and who is charged with certain powers, duties and responsibilities by applicable law, by City Council and under this chapter, or a duly authorized representative thereof.
   SIGNIFICANT INDUSTRIAL USER.
      (1)   A user subject to categorical pretreatment standards; or
      (2)   A user that:
         (a)   Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
         (b)   Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         (c)   Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
      (3)   Upon a finding that a user meeting the criteria in division (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 a user, and in accordance with the procedures in 40 C.F.R. § 403.8(f)(6), determine that such user should not be considered a significant industrial user.
   SLUG LOAD or SLUG. Any discharge of a non-routine episodic nature, or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 52.015.
   STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
   STORM SEWER. A sewer which is intended to carry stormwater runoff, surface water, groundwater drainage, and the like, but which is not intended to carry any sanitary sewage or polluted industrial waste.
   STORMWATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
   SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and which is removable by laboratory filtering. It shall be determined by one of the methods acceptable to USEPA and PADEP as specified in 40 C.F.R. part 136 or otherwise, if no such method is specified by the foregoing, by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association.
   UNPOLLUTED WATER OR WASTE. Any water or waste containing none of the following: free or emulsified grease or oil; acid or alkali; phenols or other substances imparting taste and odor to receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; obnoxious or odorous gases. It shall contain not more than 10,000 parts per million by weight of dissolved solids, of which not more than 2,500 parts per million shall be as chloride and not more than ten parts per million each of suspended solids and BOD. The color shall not exceed 50 parts per million. Analyses for any of the abovementioned substances shall be made in accordance with methods acceptable to USEPA and PADEP as specified in 40 C.F.R. part 136 or otherwise, if no such method is specified by the foregoing, by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association.
   USER. Any user of or discharger to the City of Corry POTW.
   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 TREATMENT PLANT or TREATMENT PLANT. Those portions of the POTW which are designed to provide treatment of municipal sewage and industrial waste.
(Ord. 1433, passed 7-1-2002)