Township of Upper Gwynedd, PA General Provisions

To prevent the introduction of pollutants into the Authority's wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

To prevent the introduction of pollutants into the Authority wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

(4)

To provide for equitable distribution of the cost of operation, maintenance and improvement of the Authority's wastewater system;

(5)

To protect the Authority's personnel who may be affected by wastewater and sludge in the course of their employment and the general public; and

(6)

To enable the Authority to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the Authority is subject.

This Part 5 provides for the regulation of direct and indirect contributors to the Authority's wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users; authorizes monitoring and enforcement activities; requires user reporting; assumes that existing customers' capacity will not be preempted; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This Part 5 shall apply to Upper Gwynedd Township and to persons outside the Township who are, by contract or agreement with the Township, users of the Authority's POTW.

This Part 5 is a supplement to Ordinance No. 67-5, as amended.[1]

[1]

Editor's Note: Ordinance No. 67-5, adopted 4-19-1967, was repealed 6-15-1987 by Ord. No. 87-6. See now Part 1, Sewer Use, of this chapter.

Except as otherwise provided herein, the Authority Director or his designee shall administer, implement and enforce the provisions of this Part 5 with respect to any user discharging waste to the Authority's POTW.

With respect to any requirement set forth in this Part 5 that a user submit an application, notice, report, data or any other information of any kind to the Authority, a user discharging waste to the Authority's POTW shall make the required submittal to the Authority.

§ 155-31 Definitions and word usage.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part 5, 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 et seq.

APPROVAL AUTHORITY

The Administrator of the EPA until such time as there is an approved state pretreatment program, at which time it shall be the Director of the Pennsylvania Department of Environmental Protection.

AUTHORITY

Towamencin Municipal Authority.

[Amended 1-23-2017 by Ord. No. 2017-02]

AUTHORITY MANAGER

The person designated to enforce this part along with the Township Manager.

Corporate officers.

A responsible corporate officer of the level of president, vice president, secretary or treasurer of the corporation in charge of a principal business function or any other person who performs similar policy-making or decisionmaking functions for the corporation; or

The manager of one or more manufacturing, production or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having 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, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.

A duly authorized representative of the individual designated above if:

The authorization is made in writing by the individual described in Subsection (1)(a); or

BEST MANAGEMENT PRACTICES or BMPs

The authorization specifies either an individual or a position having responsibility for the overall operation of the facilities from which the indirect discharge originates, such as the position of plant manager, operator of a well or well field superintendent or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and

(c)

The written authorization is submitted to the control authority or the Township.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1A and B [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.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter when nitrification is not inhibited, under standard laboratory procedure, five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BUILDING SEWER

An extension from the sewage drainage system of any structure to the lateral of a sewer.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to a categorical pretreatment standard or categorical standard.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) that applies to a specific category of users and that appear in 40 CFR Chapter 1, Subchapter N, Parts 405 to 471.

CHEMICAL OXYGEN DEMAND (COD)

The quantity of oxygen required to oxidize the organic matter present in water or wastewater, under specific conditions of oxidizing agent, temperature and time.

CONTROL AUTHORITY

Refers to the approval authority defined hereinabove or the Township Manager, if the Township has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

The water discharged from any use, such as air-conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

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.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of Pennsylvania.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States 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.

EXISTING SOURCE

Any source of discharge that is not a "new source."

GRAB 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 over a period of time not to exceed 15 minutes.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW, including holding tank waste discharged into the system.

INDUSTRIAL USER

A source of indirect discharge.

[Amended 6-30-2008 by Ord. No. 2008-10]

INSTANTANEOUS LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from 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, along or in conjunction with a discharge or discharges from other sources, both causes the inhibition or disruption of the POTW treatment processes or operations or its sludge processes, use or disposal and contributes to a violation of any requirements of the Authority's NPDES permit, including an increase in the magnitude or duration of a violation. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the "Resource Conservation and Recovery Act (RCRA)," the Clean Air Act, the Toxic Substances Control Act, the Marine Protection, Research and Sanctuaries Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV (Subtitle D) of the SWDA applicable to the method of disposal or use employed by the POTW.

LOCAL LIMIT

Specific discharge limits developed and enforced by the Authority upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

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.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 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 a discharge of pollutants, the construction of which is commenced after the publication of proposed pretreatment standards under Section 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:

The building, structure, facility or installation is constructed at a site at which no other source is located;

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.

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.

Construction of a new source, as defined under this paragraph, has commenced if the owner or operator has: i) begun, or caused to begin, as part of a continuous on-site construction program, a) any placement, assembly, or installation of facilities or equipment; or b) 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; or ii) 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 subsection.

NONDOMESTIC WASTEWATER

A wastewater that is not discharged in the normal day-to-day operation of a household.

NONRESIDENTIAL USER

Any person who discharges or causes or permits the discharge of wastewater from any facility other than a residential unit.

PRETREATMENT or TREATMENT

Any person who discharges or causes or permits the discharge of nondomestic wastewater from a residential unit.

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 requirements of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.

PERMIT

Written permission by the Authority for the discharge of nonresidential wastewater to the POTW.

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. The masculine gender shall include the feminine; the singular shall include the plural, where indicated by the context. This definition includes all federal, state and local governmental entities.

A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT

Any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

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 by diluting the concentration of the pollutants, unless allowed by applicable pretreatment standards.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

PRETREATMENT STANDARD OR STANDARDS

Prohibited discharge standards, categorical pretreatment standards, and the most recent EPA-approved local limits.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Authority. This definition includes any sewers that convey wastewater to the POTW treatment plant but does not include pipes, sewer or other conveyances not connected to a facility providing treatment. For the purposes of this Part 5, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Township who are, by contract or agreement with the Township, users of the POTW.

SIGNIFICANT INDUSTRIAL USER

A user:

Subject to categorical pretreatment standards; or

That:

[1]

Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact-cooling and boiler blowdown wastewater);

[2]

Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

[3]

Is designated as such by the Authority or Township on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

The Authority may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact-cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

The industrial user, prior to the Authority's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

The industrial user annually submits the certification statement required in Section 6.14B [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and

(c)

The industrial user never discharges any untreated concentrated wastewater.