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.
ADMINISTRATOR or THE ADMINISTRATOR. The Administrator of the U.S. Environmental Protection Agency.
APPROVAL AUTHORITY. Director in an NPDES state with an approved state pretreatment program and the appropriate Regional Administrator in an non-NPDES state or NPDES state without an approved state pretreatment program.
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 (in second-quarter 1980 dollars), 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 his or her 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 control authority.
BEST MANAGEMENT PRACTICES (BMPs) or MANAGEMENT PRACTICES. Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the prohibitions listed in §§ 53.015 and 53.016 of the EAJSA rules and regulations. BMPs also 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.
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 expressed as a concentration (mg/l), in accordance with EPA Test Method 405.1, as referenced in 40 C.F.R. § 136.3.
BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL PRETREATMENT STANDARD(S) or CATEGORICAL STANDARD(S). National categorical pretreatment standards, being any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 C.F.R. Chapter I, Subchapter N, parts 405 through 471.
CHEMICAL OXYGEN DEMAND or COD. The quantity of oxygen utilized in the chemical oxidation of organic matter which is susceptible to conversion to carbon dioxide and water and expressed as a concentration (milligrams per liter (mg/l)), in accordance with EPA Test Method 410.1, 410.2, 410.3 or 410.4, as referenced in 40 C.F.R. § 136.3.
COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
CONTROL AUTHORITY. The Easton Area Joint Sewer Authority.
DIRECT DISCHARGE. The introduction of treated or untreated wastewater directly to the waters of the commonwealth.
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, including the Regional Water Management Division Director.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by the 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 (33 U.S.C. § 1317).
GRAB SAMPLE. A sample which is normally taken from a wastestream, on a one-time basis, without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes. When industrial wastewater volume is not sufficient for analytical purposes in 15-minute periods, the Industrial Pretreatment Coordinator may approve, in writing, an alternative of sampling.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump trucks.
IMMEDIATELY. This term is based on the intent which it is used within. However, it shall at least indicate a time frame of “upon discovery” of incident, or as stated in 40 C.F.R. § 122.41(I)(6), 40 C.F.R. § 403.8(f)(1)(vi)(B), 40 C.F.R. § 403.8(f)(2)(v)(A), 40 C.F.R. § 403.8(f)(2)(v)(B), 40 C.F.R. § 403.8(f)(2)(v)(C), 40 C.F.R. § 403.8 (f)(2)(v)(D) and/or as specifically identified within this chapter.
INDUSTRIAL PRETREATMENT COORDINATOR. The person designated by the control authority to supervise the operation of the pretreatment program, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative as delegated by the Industrial Pretreatment Coordinator.
INDIRECT DISCHARGE OR DISCHARGE. The discharge or introduction of pollutants (including holding tank waste), into the POTW, from any nondomestic source regulated under § 307(b), (c) or (d) of the Act (33 U.S.C. § 1317).
INDUSTRIAL USER or USER. A source of indirect discharge, from an establishment, which discharges or introduces industrial wastes into the POTW.
INDUSTRIAL WASTE(S). Any liquid, gaseous, radioactive, solid or other substances, not sewage, resulting from any manufacturing or industry, or from establishment, as herein defined, and mine drainage, refuse, silt, coal mines, coal collieries, breakers or other coal processing operation.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial waste 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, entices the inhibition or disruption of the POTW’s treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the control authority’s NPDES permit (including an increase in magnitude or duration of a violation) 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.)
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.
NATIONAL CATEGORICAL PRETREATMENT STANDARD(S). See CATEGORICAL PRETREATMENT STANDARD(S) or CATEGORICAL STANDARD(S).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act and 40 C.F.R. § 403.5 (33 U.S.C. § 1317).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued to a POTW pursuant to § 402 of the Act (33 U.S.C. § 1342).
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 pursuant to § 307(c) of the Act (33 U.S.C. § 1317), 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 division (1) above but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE as defined under this division (3) has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site construction program including:
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 (3)(b).
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.
NONSIGNIFICANT INDUSTRIAL USER. For the purposes of this chapter, are those users, which do not meet the criteria listed in the definition for SIGNIFICANT INDUSTRIAL USER, but warrant the issuance of a wastewater discharge permit.
PASS THROUGH. A discharge which exits the POTW into waters of the state 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 control authority’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, 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. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution. A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTION. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water, such that harm to human health or the environment may result.
POLLUTANT. Any 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).
PRETREATMENT. 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 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 categorical pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS. Prohibited discharge standards, categorical pretreatment standards and local limits.
PUBLICLY OWNED TREATMENT WORKS or POTW. A “treatment works,” as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned and/or leased by the control authority. This definition includes any devices or systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a POTW treatment plant.
PUBLICLY OWNED TREATMENT WORKS PENALTY LAW or POTW ACT. As defined by Act 9 of 1992, 35 P.S. §§ 752.1 et seq.
POTW TREATMENT PLANT. The portion of the POTW which is designed to provide treatment including recycling and reclamation of municipal sewage and industrial waste.
RESIDENTIAL. Any noncommercial, non-industrial and non-manufacturing facility or dwelling.
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).
SEWAGE SYSTEM. The control authority’s collection and conveyance system which transports wastewater to POTW treatment plant.
SHALL. Mandatory; MAY is permissive.
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, cooling, 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 control authority 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 control authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 C.F.R. § 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG DISCHARGE. Any pollutant released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 C.F.R. § 403.5(b) and/or any discharge of non-routine nature, episodic nature, including, but not limited to, accidental spills or non-customary batch discharges, which has a reasonable potential to cause interference or pass through, or in any other way violate the authority’s regulations, prohibited discharge standards in this chapter, local limits or NPDES permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STATE. The Commonwealth of Pennsylvania.
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, in accordance with EPA Test Method 160.1, as referenced in 40 C.F.R. § 136.3.
USER or INDUSTRIAL USER. See INDUSTRIAL USER or USER.
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.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, 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 of any portion thereof.
(Res. 1998-10-18-A, passed 10-19-1998; Ord. 180, passed 12-21-1998; Ord. 233-2008, passed 3-3-2008)