Unless the context specifically indicates otherwise, the following terms, as used in this Part 8, shall have the meanings hereinafter designated:
ABBREVIATIONS—the following abbreviations, not previously enumerated with a definition, shall have the designated meanings:
BMP—best management practice. [Ord. 545]
CAP—corrective action plan. [Ord. 545]
CFR—Code of Federal Regulations.
COD—chemical oxygen demand.
gpd—gallons per day.
L—liter.
mg—milligrams.
O&M—operation and maintenance.
POC—pollutant of concern. [Ord. 545]
RCRA—Resource Conservation and Recovery Act.
SNC—significant noncompliance. [Ord. 545]
SWDA—Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.).
TSS— total suspended solids.
USC—United States Code.
ACT—the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
ACTION LEVELS—action levels are pollutant concentration guidelines which are set when, in the opinion of the Borough or Township, a discharge, alone or in combination with other discharges, will cause or will have the potential to cause problems as listed in § 18-853(B)(1). Action levels can apply to one or more parameters discharged by one or more sewer users. New action level guidelines can be set at any time when, in the opinion of the Borough or Township. they are needed to prevent problems such as those previously listed in § 18-853(B)(1). All affected sewer users will be notified in writing. If an existing discharge or a proposed new discharge exceeds or has the potential to exceed any action level (in the then current permit or set after permit issuance), the user must submit a corrective action plan (CAP) to reduce the levels of the pollutant(s) in its discharge to amounts acceptable to the Township and the Borough. This plan must include sufficient information on the site specific conditions to demonstrate that this discharge will not cause any adverse effects such as those listed. The Borough or the Township can also require that a Part B Watershed Protection Permit Application be submitted as part of the Plan. If the CAP is found to be unacceptable, the user may be required to temporarily or permanently cease or not begin such discharges until the action plan is approved. When appropriate, a reasonable time to correct the problem(s) may be given. Action levels can also be set for any discharge when there is little or no information to demonstrate that the volume and strength of the proposed discharge will not cause adverse effects. The Borough and the Township each, for itself, reserves the right to apply or waive any action level or CAP for one or more sewer users based on the site specific information that they submit. [Ord. 545]
APPEAL PROCESS FOR PERMIT CONDITIONS—if the sewer user believes a permit condition such as an action level, corrective action plan, best management practice or conditional permit is not appropriate, the user can petition the pretreatment coordinator for reconsideration. If the issue is not resolved, the sewer user can appeal to Borough Council by filing a notice of appeal with the Manager as described in Catasauqua Ordinance § 210-42 for the appeal of civil penalty assessments. [Ord. 545]
APPROVAL AUTHORITY—the regional administrator for Region III of the United States Environmental Protection Agency, or his designee.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER—
A. If the industrial user is a corporation, authorized representative shall mean:
(1) The president, secretary, treasurer or vice president of the corpora tion in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation.
(2) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures of $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
B. If the industrial user is a partnership, or sole proprietorship, an authorized representative shall mean a general partner or proprietor, respectively.
C. If the industrial user is a Federal, State or local governmental facility, an authorized representative shall mean a director to oversee the operation and performance of the activities of the government facility, or his/her designee.
D. The individuals described in Subsections (A) through (C), 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 managers for the company, and the written authorization is submitted to the Borough of Catasauqua.
BEST MANAGEMENT PRACTICES or BMPs—schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in this Part 8 and 40 CFR § 403.5(a)(1) and (b). BMP also include treatment requirements, operating procedures, and practices to control plan site runoff spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. [Ord. 545]
BIOCHEMICAL OXYGEN DEMAND (BOD)—the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure as described in the standard methods for the examination of water and wastewater, in 5 days at 20ºC, expressed in terms of weight and concentration (milligrams per liter).
BIO-TOXIC MATERIALS—a POC consisting of a material or a combination of materials that, even in small amounts, can kill microorganisms and thus can adversely affect biological wastewater and sludge treatment processes and cause aquatic toxicity or degrade water quality. These materials include, but are not limited to, bactericides, fungicides, insecticides, pesticides, or germicides. [Ord. 545]
BOROUGH—the Borough of Catasauqua or Borough Council of the Borough of Catasauqua.
BOROUGH MANAGER—the Borough Manager of the Borough of Catasauqua or his duly appointed deputy, agent or representative.
BOROUGH SYSTEM—that part of the wastewater treatment system located in the Borough.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STAN DARD—any regulations containing pollutant discharge limits promulgated by the U.S. EPA in accordance with §§ 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear at 40 CFR, Chapter I, Subchapter N, Parts 405–471.
COLOR—the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density.
COMPOSITE SAMPLE—the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
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.
DOMESTIC WASTES—liquid wastes (i) from the non-commercial preparation, cooking and handling of food, or (ii) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.
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 Regional Water Management Division Director or other duly authorized official of said agency.
EXISTING SOURCE—any source of discharge, the construction or operation of which commenced prior to the publication 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.
GARBAGE—solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food.
GRAB SAMPLE—a sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
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.
INDUSTRIAL USER or USER—a source of indirect discharge.
INDUSTRIAL WASTEWATER—the liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT—the maximum concentration (or loading) 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, both:
A. Inhibit or disrupt the POTW, its treatment processes or operations, or its sludge processes, use or disposal;
B. Therefore is a cause of a violation of 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 of permits issued thereunder (or more stringent state or local regulations):
(1) Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) including Title II 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 Clear Air Act, the Toxics Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
MEDICAL WASTE—isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NAMED USER—the individual or firm whose name appears on the water/sewer bill. [Ord. 545]
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 Section 402 of the Act.
NEW SOURCE—any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which started after the publication of proposed treatment standards under Section 307(c) of the Act which shall be applicable to each such source for such standards as 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; or,
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 is 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 is 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 Subsections (B) or (C), above, but otherwise alters, replaces or adds to the existing process or production equipment. Construction of a new source as defined under this subsection 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 are necessary for the replacement, assembly or installation of new source facilities or equipment.
B. Entered into a binding contractual obligation for 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 Subsection.
PASS THROUGH—a discharge or pollutant which cannot be treated adequately by POTW, and therefore exits into waters of the United States in quantities or concentrations which, alone or in conjunction with the 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).
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.
pH—the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
POLLUTANT—any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical waste, chemical waste, industrial wastes, biological materials, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor).
POLLUTANTS OF CONCERN (POCs)—any pollutant that might be reasonably expected to be discharged to the treatment plant in sufficient amounts that pass through or interfere with the plant, contaminates the sludge, causes problems in the collection system, jeopardizes the worker or is otherwise designated as such by the Borough. [Ord. 545]
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 any industrial user, other than a pretreatment standard.
PRETREATMENT STANDARDS—all applicable Federal rules and regulations implementing section 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 case of conflicting standards or regulations, the more stringent thereof shall be applied.
PROACTIVE CONTROL OF POCs—non-domestic users shall identify actual or potential POCs and bio-toxics, including any POCs and bio-toxics not specifically identified in this permit, Township or Borough ordinances, to prevent pass through and interference, personnel and public exposure and collection system problems. [Ord. 545]
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES—absolute prohibitions against the discharge of certain substances.
PUBLICLY OWNED TREATMENT WORKS (POTW)—a “treatment works” as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned by the State or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and the responsibility for the operation and maintenance of the treatment works.
SEPTIC TANK WASTE—any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE—the normal water-carried household and toilet wastes from residences, business buildings, institutions and industrial establishments.
SIGNIFICANT INDUSTRIAL USER—
A. Except as provided in Subsection (B) of this definition, the term “significant industrial user” means:
(1) All industrial users subject to categorical pretreatment standards under 40 CFR § 403.6 and 40 CFR, Chapter I, Subchapter N; and,
(2) Any other industrial user that discharges an average of 25,000 gallons per day or more of processed wastewater to the POTW (excluding sanitary, noncontact cooling and blow down wastewater); contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designed as such by the control authority as defined in 40 CFR § 403.12(a), a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR § 403.8(f)(6)).
B. Upon the finding that an industrial user meeting the criteria in Subsection (A)(2) of this definition has no reasonable potential for adversely affecting the POTW’s operation for violating any pretreatment standard or requirement, the control authority may at any time on its own initiative or in response to a petition received from an industrial user or POTW and in accordance with 40 CFR § 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE—occurs when a significant industrial user (or any other industrial user whose violation meets Subsections (C), (D), or (H) below) has a violation of this Part 8, and said violation meets one or more of the following criteria: [Ord. 545]
A. Chronic violations of wastewater discharge limits defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a 6-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1). [Ord. 545]
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements for each pollutant parameter taken during a 6-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except for pH.) [Ord. 545]
C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.1(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public). [Ord. 545]
D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority pursuant to § 18-857(B)(6) to halt or prevent such a discharge. [Ord. 545]
E. Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance. [Ord. 545]
F. Failure to provide, within 45 days after the due date, required reports such as base line monitoring reports, 90 day compliance reports, periodic self- monitoring reports and reports on compliance with compliance schedules. [Ord. 545]
G. Failure to accurately report.
H. Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program. [Ord. 545]
SLUG LOAD—any discharge at a flow rate or concentration which would cause a violation of the prohibited discharge standards of this Part or any discharge of nonroutine, episodic nature including, but not limited to, an accidental spill or a noncustomary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE—a classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
STORM WATER—any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS—the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
TOWNSHIP—Hanover Township, Lehigh County.
TOWNSHIP MANAGER—The Township Manager of Hanover Township, Lehigh County or the duly appointed agent or representative of the Township Manager.
TOWNSHIP SYSTEM—that part of the Wastewater Treatment System located in the Township.
TOXIC POLLUTANT—one of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of § 307 (33 U.S.C. § 1317) of the Act.
TREATMENT PLANT EFFLUENT—any discharge of pollutants from the POTW into the waters of the State.
UNPOLLUTED WATER—water not containing any pollutants limited or prohibited by the effluent standards if effect, or water whose discharge will not cause any violation of receiving water quality standards.
USER—any person who discharges, causes or permits the discharge of waste water into the Township’s wastewater treatment system. Commercial and industrial users shall be categorized into levels, as follows, Level I Users shall mean significant industrial users, as elsewhere defined in this Part; Level II Users shall mean those sewer users who are not classified as significant industrial users but whose actual and/or potential discharges could cause a significant adverse impact on the treatment plant, its employees, the collection system, the Lehigh River and the downstream water consumers; Level III Users shall mean those users with actual or potential discharges which should cause only minimal adverse impact on the treatment plant, its employees, the collection system, the Lehigh River and downstream water consumers, but who must follow the rules and regulations for sewer use and be aware of the need for pollution prevention.
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 buildings, industrial facilities, and institutions, together with any groundwater, surface 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 PLANT or TREATMENT PLANT—that portion of the POTW designed to provide treatment of sewage and industrial waste.
WASTEWATER TREATMENT SYSTEM (SYSTEM)—any devices, facilities, structures, equipment or works owned, leased or used by the Borough of Catasauqua 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; any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; and any devises, facilities, structures, equipment or works owned, leased or used by the Township for the purpose of collection and transmission of industrial and domestic wastes to the said facilities of the Borough of Catasauqua.
Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
Shall is mandatory; may is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
(Ord. 396, 9/6/2000, § 851; as amended by Ord. 545, 4/17/2013, §§ 3, 4)