§ 18-101. Definitions.
The following words or phrases when used in this Part, shall have the meaning ascribed to them in this section unless the context clearly indicates otherwise. Also, personal pronouns shall include the singular as well as the plural number and the male, female and neuter gender. Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water & Waste water published by the American Public Health Association, the American Water works Association and the Water Pollution Control Federation.
   ABBREVIATIONS—The following abbreviations shall have the designated meanings:
      BOD—Biochemical Oxygen Demand
      CFR—Code of Federal Regulations
      COD—Chemical Oxygen Demand
      EPA—Environmental Protection Agency
      l—Liter
      mg—Milligrams
      mg/l—Milligrams per Liter
      NPDES—National Pollutant Discharge Elimination System
      POTW—Publicly Owned Treatment Works
      SIC—Standard Industrial Classification
      SWDA—Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq.
      USC—United States Code
      TSS—Total Suspended Solids
   ACT—the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
   ALLENTOWN AGREEMENT—an Agreement dated June 15, 1973, between the Township and the City of Allentown, Lehigh County, Pennsylvania (Allentown), providing for the reception, transportation, treatment and disposition of Sanitary Sewage and Industrial Wastes from the Sewer System by Allentown, together with any supplements and amendments from time to time made hereto.
   APPROVAL AUTHORITY—The Director in an NPDES state with an approved State Pretreatment Program and the Administrator of the EPA in a Non-NPDES state or NPDES state without an Approved State Pretreatment Program.
   AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER—An authorized representative of an industrial user may be: (i) a principal executive officer of at least the level of vice president if the industrial user is a corporation; (ii) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (iii) a duly authorized representative of the individual designated shove if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
   BETRINDEM AGREEMENT—an agreement dated June 1, 1984, between the Township and the City of Bethlehem, Northampton County, Pennsylvania (Bethlehem), providing for the reception, transportation, treatment and disposition of sanitary sewage and industrial wastes from the sewer system by Bethlehem together with any supplements and amendments from time to time made thereof.
      B.O.D. (BIOCHEMICAL OXYGEN DEMAND)—the quantity of oxygen, expressed in mg/1, utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20° Centigrade. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Sewage published by the American Public Health Association.
   BUILDING SEWER—the extension from the sewage drainage system of any structure to the lateral of a sewer conveying wastewater from the premises of the user to the POTW.
   CATASAUQUA AGREEMENTS—those agreements dated July 7, 1967, April 26, 1973, and December 31, 1979, between the Township and the Borough of Catasauqua, Lehigh County, Pennsylvania (Catasauqua), of sanitary sewage and industrial wastes from the sewer system by Catasauqua, together with any supplements and amendments from time to time made hereto.
   CATEGORICAL STANDARDS—National Categorical Pretreatment Standards or Pretreatment Standard.
      C.O.D. (Chemical Oxygen Demand)—the quantity of oxygen expressed in mg/1, utilized in the chemical of organic matter under standard laboratory procedure.
   COLOR—of an industrial waste means the color of the light transmitted by the waste solution after removing the suspended material, including the pseudocolloidal particles.
   COOLING WATER—the water discharged from any use such as air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat.
   DIRECT DISCHARGE—the discharge of treated or untreated wastewater directly to the waters of the State of Pennsylvania.
   DOMESTIC WASTES—liquid wastes (i) from the non-commercial preparation, cooling and handling of food or (ii) containing human excrement and similar matter from the sanitary conveniences or dwellings, commercial buildings, industrial facilities, and institutions.
   DWELLING UNIT—any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by persons living alone.
   ENVIRONMENTAL PROTECTION AGENCY OR EPA—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.
   GARBAGE—solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food.
   GARBAGE SAMPLE—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.
   HOLDING TANK WASTE—any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
   IMPROVED PROPERTY—any property upon which there is erected 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.
   INDIRECT DISCHARGE—the discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).
   INDUSTRIAL ESTABLISHMENT—any improved property used, in whole or in part, for manufacturing, processing, cleaning, laundering or assembling any product, commodity or part or from which any process waste, as distinct from sanitary sewage, shall be discharged.
   INDUSTRIAL USER—a source engaged in commercial or industrial activities of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402 of the Act (33 U.S.C. 1342).
   INDUSTRIAL WASTEWATER—the solid, liquid or gaseous wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes.
   INTERFERENCE—a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
      A.   Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
      B.   Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulation): § 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act. [Ord. 248]
   LATERAL—that part of the sewer system extending from a sewer to the curb line or, if there shall be no curb line, to the property line or, if no such lateral shall be provided, then "lateral" shall mean that portion of or place in a sewer which is provided for connection of any building sewer.
   MG/1—means milligrams per liter.
   NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD—any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) or (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Users and listed in the Code of Federal Regulations, 40 CFR, Subchapter N, Parts 401-471, which applies to a specific category of industrial users. [Ord. 251]
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) —the program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to § 402 of the Act.
   NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PRETREATMENT STANDARD—any regulation developed under the authority of § 307(b) of the Act and 40 CFR, § 403.5.
   NEW SOURCE—any building, structure, facility or installation from which there is or may be discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under § 307(c) of the Act 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 replaced 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. [Ord. 248]
   OWNER—any person vested with ownership, legal or equitable, sole or partial, of any improved property.
   PASS THROUGH—a discharge which cannot be treated adequately by the POTW and therefore 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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation). [Ord. 248]
   PERSON—any individual, firm, company, partnership, corporation, association, group or society, and includes the Commonwealth of Pennsylvania, and agencies, districts, commissions and political subdivisions created by or pursuant to State law and agencies of the United States Government and their agents. [Ord. 248]
   pH—the logarithm of the reciprocal of the weight of hydrogen ions, expressed in grams per liter of solution, which indicates the degree of acidity or alkalinity of a substance. A stabilized pH will be considered as a pH which does not change beyond the specified limits when the waste is subjected to aeration. It shall be determined by one of the accepted methods described in the latest edition of Standard Methods for Examination of Water and Sewage.
   POLLUTANT—Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
   POTW TREATMENT PLANT—That portion of the POTW designated to provide treatment to wastewater.
   ppm—means parts per million by weight.
   PRETREATMENT OR TREATMENT—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 a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR § 403.6(d).
   PRETREATMENT STANDARDS—all applicable Federal rules and regulations implementing § 307 of the Act, as set forth in 40 CFR, Subchapter N, Parts 401-471, as well as any nonconflicting State or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied. [Ord. 248]
   PUBLICLY OWNED TREATMENT WORKS (POTW)—a treatment works as defined by § 212 of the Act (33 U.S.C. 1292), which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not included pipes, sewers or other conveyances not connected to a facility providing treatment.
   SEWAGE—see "Wastewater."
   SEWER—any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
   SEWER SYSTEM—all facilities, as of any particular time, for collecting, pumping, treating or disposing of sanitary sewage and/or industrial wastes, situate in or adjacent to the Township to be acquired and owned by the Township.
The word "shall" is mandatory; "may" is permissive.
   SIGNIFICANT INDUSTRIAL USER—any industrial user of the Township's wastewater treatment system whose flow exceeds (i) 25,000 gallons per day, or (ii) 5% of the daily capacity of the treatment system, or (iii) has in his waste toxic pollutants as defined pursuant to § 307 of the Act of Pennsylvania Statutes Environmental Protection Agency to have significant impact, either singly or in combination with other contributing industries, or the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
   SLUG—any discharges of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration or flow, during normal operation.
   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—State of Pennsylvania
   STREET—shall mean and include any street, road, lane, court, alley and public square.
   STORM SEWER—a sewer which carries storm, surface and ground water and/or authorized industrial waste but not sewage.
   STORM WATER—any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.
   SUSPENDED SOLIDS—solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
   TOWNSHIP—the Township of Hanover, Lehigh County, Pennsylvania.
   TOXIC SUBSTANCE—any noxious and/or deleterious substance in sufficient quantity, either singly or by interaction with process, constitutes a hazard to humans or animals, creates a public nuisance or creates any hazard in any sewerage system or in the receiving waters of a sewage treatment plant.
   TWENTY-FOUR HOUR COMPOSITE WASTEWATER SAMPLE—a sample which consists of 24 hourly wastewater samples collected over a 24 hour period with the sample volume proportioned according to the flow rate at the time of the sample. The cumulative sample shall be refrigerated.
   USER—any person who discharges, causes or permits the discharge of wastewater into the Township's wastewater collection system.
   USER CLASSIFICATION—a classification of user based on the 1972 (or subsequent) edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.
   WASTEWATER—the liquid and water-carried industrial or domestic wastes from dwellings, commercial building, industrial water and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the Township's wastewater system.
   WASTEWATER TREATMENT SYSTEM (SYSTEM)—any devices, facilities, structures, equipment or works owned, leased or used by the Borough of Catasauqua or the Township for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be any integral part of the treatment process or is used for ultimate disposal of residues from such treatment.
(Ord. 162, § 1, 12-12-84; as amended by Ord. 248, 6-6-1990, §I; and by Ord. 251, 9-5-1990, § 1)