§ 18-512. Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part, 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 etseq.
   APPROVAL AUTHORITY - the Administrator or the Regional Administrator of Region III of the EPA.
   AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER - an authorized representative of an industrial user may be:
         (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 operating facilities, provided the Manager is authorized to make management decisions that 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 individual wastewater discharge permit requirements; and where 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 their designee.
         (4)   The individuals described in subparagraphs (1) through (3), above, may designate a duly 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 (BOD) - the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for 5 days at 20º centigrade expressed as a concentration (e.g., mg/l).
   BUILDING SEWER - a sewer conveying wastewater from the premises of a user to the sewer system.
   BYPASS - the intentional diversion of wastewater from any portion of an industrial user's pretreatment facility through which the wastewater normally passes.
   BEST MANAGEMENT PRACTICES (BMPS) - schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 18-513 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
   CATEGORICAL INDUSTRIAL USER - an industrial user subject to categorical pretreatment standard or categorical standard.
   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) that apply to a specific category of users and that appear in 40 CFR, Chapter I, Subchapter N, Parts 405-471.
   CERTIFIED PROFESSIONAL - a registered professional engineer under the laws of the State of Pennsylvania.
   CHAIN OF CUSTODY - a record of sample collection indicating the place and time of collection and the person collecting the sample. It shall also include a record of each person involved in possession of the sample, including the laboratory person who takes final possession of the sample for the purpose of analysis.
   CHEMICAL OXYGEN DEMAND (COD) - a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
   CITY - the City of Lock Hayen, Clinton County, Pennsylvania, and the City Council thereof, its agents and officials.
   CLEAN STREAMS LAWS - the Act of June 22, 1937, as amended and reenacted by the Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1–691.702.
   COLOR - color of light transmitted through waste after removal of all suspended matter, including pseudo-colloidal particles, and measured in platinum-cobalt units.
   COMBINED WASTE FORMULA - a procedure for calculating discharge concentrations of constituents of industrial waste, as defined in 40 CFR § 403.6(e).
   COMPLIANCE - adherence to conditions or requirements of this Part or the industrial pretreatment program, any written directions issued by the City or any wastewater discharge permit or other permit issued under the provisions of this Part.
   COMPOSITE SAMPLING - a sample composed of individual subsamples taken at regular intervals over a specified period of time. Subsamples may be proportioned by time interval or size according to flow (flow-proportioned composite sample), or be of equal size and taken at equal time intervals (equal-time composite sample).
   COOLING WATER - the water from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
   DAILY MAXIMUM - the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
   DAILY MAXIMUM LIMIT - the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
   DISCHARGE - the conveyance of any water or wastewater into the sewer system direct or indirect.
   DOMESTIC WASTE - normal household wastes from kitchens, water closets, lavatories and laundries, or any waste from a similar source and possessing the same characteristics.
   ENFORCEMENT RESPONSE PLAN - a plan and guide developed pursuant to 40 CFR § 403.8(f)(5), providing for the enforcement of the industrial pretreatment program.
   ENVIRONMENTAL PROTECTION AGENCY (EPA) - the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
   EXISTING SOURCE - any source of discharge that is not a “new source.”
   GARBAGE - solid or semi-solid wastes resulting from preparation, cooking, and dispensing of food and from handling storage and sale of produce.
   GRAB SAMPLE - a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
   GROUNDWATER - water which is contained in or passing through the ground.
   HOLDING TANK WASTE - any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
   INDUSTRIAL PRETREATMENT PROGRAM - the sum of the provisions of this Part, amendments thereto, and any regulations or activities by this Part as regards the regulation and control of industrial users.
   INDUSTRIAL USER - any person who discharges industrial waste into the sewer system.
   INDUSTRIAL WASTE - any solid, liquid or gaseous substance or form of energy, which is produced as a result, whether directly or indirectly, of any industrial, manufacturing, trade or business process or activity, or in the course of developing, recovering or processing of natural resources, but not sanitary sewage.
   INSTANTANEOUS LIMIT - the maximum concentration 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 that, 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 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, 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.).
   LOCAL LIMITS - specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
   MANHOLE - a structure allowing access from the surface of the ground to a sewer.
   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.
   MONTHLY AVERAGE - the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
   MONTHLY AVERAGE LIMIT - the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
         (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 that 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.
            (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 subparagraph (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
         (3)   Construction of a new source as defined under this paragraph 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.
               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 is 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 paragraph.
   NONCOMPLIANCE - not in compliance.
   NONCONTACT COOLING WATER - water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   ORDINANCE (THIS PART) - when capitalized, the term “Ordinance” refers to this Part.
   OPERATOR - any person having charge, care, control or management of a pretreatment facility for industrial wastes or of a truck or trucks used in the removal, transport or disposal of sewage or industrial wastes.
   OWNER - any person vested with ownership, legal or equitable, sole or partial, of an improved property.
   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, co-partnership, firm, company, corporation, association, joint stock company, 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 - any substance including, but not limited to, 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, color, BOD, COD, toxicity, or odor).
   POLLUTION - the contamination of any waters of the State such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life; or contamination of air, soil, or of the environment so as to produce or is likely to produce similar deleterious effects.
   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 COORDINATOR - agent of the City designated to administer the provisions of the industrial pretreatment program.
   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.
   PROCESS WASTEWATER - any wastewater resulting from the direct contact of water with any raw material, intermediate product, finished product, by-product, or waste during any manufacturing process, or water other than cooling water which results from a manufacturing process.
   PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES - absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 18-519 of this Part.
   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 City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
   QUALIFIED ANALYST - any person who has demonstrated competency in the analysis of wastewater by submission of their generally recognized documentation of competency to the City, or who is normally employed in the capacity of an analyst by a professional analytical laboratory.
   REFRIGERATION - maintenance of temperature for storage, preservation of food, or as a process of manufacturing.
   SANITARY SEWAGE - the normal water carried domestic wastes from any improved property, but excluding: effluent from septic tanks in cesspools; rain, snow stormwater; groundwater; or other collected water from roofs, drains or basements.
   SANITARY SEWER - a sewer carrying only sanitary sewage or industrial wastes, and to which storm, surface or ground waters are not intentionally admitted.
   SEPTIC TANK WASTE - any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   SEWAGE COLLECTION SYSTEM - all facilities of the City or any municipality party to a service agreement with the City, as of any particular time, used or usable for collecting, transporting, pumping and disposing of wastewater, which facilities are connected to and served by the sewage treatment plant.
   SEWAGE TREATMENT PLANT - that portion of the sewer system owned by the Lock Haven City Authority and operated by the City, which is designed to provide treatment of wastewater and discharge of treated effluent to the environment.
   SEWER - a pipe or conduit for conveying wastewater.
   SEWER SYSTEM - the sewage collection system, sewage treatment plant and any sewers that convey wastewater to the sewage treatment plant. For the purposes of this Part, “sewer system” shall also include any sewers that convey wastewater to the sewage treatment plant from persons who are, by contract or agreement with the City, users of the sewer system.
   SIGNIFICANT INDUSTRIAL USER (SIU) - significant industrial user is:
         (1)   An industrial user subject to categorical pretreatment standards.
         (2)   An industrial user that:
            (a)   Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater).
            (b)   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.
            (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.
   SIGNIFICANT NONCOMPLIANCE - a noncompliance which meets or exceeds standards of significant noncompliance determined by the City and contained in § 18- 518 of this Part.
   SIGNIFICANT VIOLATOR - any industrial user in significant noncompliance.
   SLUG or SLUG LOAD - any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 18-516 of this Part. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
   SPILL - any discharge of pollutants resulting from the spilling, overflowing, rupture, or leakage of any storage, process or transfer container, or the control or cleanup activities associated with such an occurrence.
   SPCC PLAN - spill prevention, control and countermeasure plan prepared by an industrial user to minimize the likelihood and intensity of a slug load or spill and to expedite control and cleanup activities should a slug load or spill occur.
   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.
   STANDARD METHODS - the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the Water Pollution Control Federation (Water Environment Federation), the American Public Health Association and the American Waterworks Association.
   STATE  - Commonwealth of Pennsylvania.
   STORMWATER - any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
   SUPERINTENDENT - the person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Part. The term also means a duly authorized representative of the Superintendent.
   TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS - the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
   TOTAL TOXIC ORGANICS - the sum of all quantifiable values of various organic pollutants as determined by the City or, for certain categorical industrial users, as defined in the applicable categorical standard.
   TOTAL ORGANIC MANAGEMENT PLAN - a plan submitted in lieu of testing for total toxic organics in which an industrial user specifies methods of control to assure that total toxic organics do not routinely enter the sewer system.
   TOWNSHIP - The Township of Lamar, Clinton County, Pennsylvania, a municipal corporation existing under the laws of the Commonwealth of Pennsylvania, or its duly authorized agent. As referred to in this Part, “Township” also includes the City of Lock Haven unless expressly denied.
   TOXIC POLLUTANTS - any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of §307(a) of the Act (33 U.S.C. § 1317(b)), or other acts, or is present in sufficient quantity, either singly or in combination with other wastewater, so as to present risk of causing interference or pass through, causing harm to humans, animals or plants or creating a hazard to persons or property, either in the sewage collection system, the sewage treatment plant or the environment into which it is released.
   UNAUTHORIZED DISCHARGE - discharge of an unauthorized waste, or a discharge which otherwise is not in compliance with the requirements of the industrial pretreatment program or other rules or regulations of the City.
   UNAUTHORIZED WASTE - any substance which is discharged into the sewage collection system which is not in compliance with provisions of the industrial pretreatment program or which is discharged by a person in violation of any of the provisions of this Part.
   USER - any person, who contributes, causes or permits the discharge of wastewater into the sewer system.
   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 DISCHARGE PERMIT - as set forth in § 18-516 of this Part.
   WASTEWATER TREATMENT PLANT OR TREATMENT PLANT - that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
   WATERS OF THE STATE - all steams, lakes, ponds, marshes, watercourse, 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.
(Ord. 7-6-2010, 7/6/2010, § 3.2)