Township of Montgomery, PA General Provisions

Prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge at the POTW-TP;

Prevent the introduction of pollutants into the wastewater system that will pass through the system, inadequately treated, into receiving waters, or otherwise be incompatible with the system;

AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL, COMMERCIAL, INSTITUTIONAL, OR SIGNIFICANT INDUSTRIAL USER

Protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(4)

Improve the opportunity to reuse and recycle wastewaters and sludge from the wastewater system;

(5)

Provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the wastewater system; and

(6)

Enable POTW-TP permittees to comply with their National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject; and to empower the POTW-TP to enforce penalties against violators as required by its Enforcement Response Guide and by federal and state laws.

This Part 1 shall apply to all users of the wastewater system. This Part 1 authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

§ 187-2 Administration.

Except as otherwise provided herein, the MTMSA Manager shall administer, implement, and enforce the provisions of this Part 1. Any powers granted to or duties imposed upon the MTMSA Manager may be delegated by the MTMSA Manager to a duly authorized MTMSA staff member.

§ 187-3 Abbreviations.

The following abbreviations, when used in this Part 1, shall have the designated meanings:

BOD	Biochemical oxygen demand
BMP	Best management practice
BMR	Baseline monitoring report
CFR	Code of Federal Regulations
CIU	Categorical industrial user
COD	Chemical oxygen demand
EPA	United States Environmental Protection Agency
gpd	Gallons per day
IU	Industrial user
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
NSCIU	Nonsignificant categorical industrial user
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SIU	Significant industrial user
SNC	Significant noncompliance
TSS	Total suspended solids
U.S.C.	United States Code

§ 187-4 Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part 1, 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.

AMBLER BOROUGH

The Borough of Ambler Wastewater Treatment Plant or the Manager of this POTW-TP.

APPROVAL AUTHORITY

The Regional Administrator of the EPA.

If the user is a corporation:

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

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 the wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

BEST MANAGEMENT PRACTICES or BMPs

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 designee.

(4)

The individuals described in Subsections A(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 MTMSA and the applicable POTW-TP.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 187-5A and B of this Part 1 [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 or BOD

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration (e.g., mg/l).

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the wastewater from other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER

A sewer conveying wastewater from the premises (building drain) of a user to the collection system; also called "house connection."

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 sections 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.

CHALFONT-NEW BRITAIN TOWNSHIP JOINT SEWAGE AUTHORITY

The Chalfont-New Britain Township Joint Sewage Authority Wastewater Treatment Plant or the Manager of this POTW-TP.

CHEMICAL OXYGEN DEMAND or COD

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

COLLECTION SYSTEM

The system of public sewers located within Montgomery Township and operated by the MTMSA and located within the public (legal) right-of-way or within easements owned by the Township or the MTMSA; also called "sewer system."

COMMUNITY ON-LOT SEWAGE SYSTEM

A system of piping, tanks or other facilities serving two or more properties and collecting, treating and disposing of domestic sewage into a subsurface soil absorption area located on one or more of the properties.

COMPATIBLE POLLUTANTS

Those pollutants for which the POTW-TP was designed to treat to a level less than the allowable as specified in its NPDES discharge permit, or which the POTW-TP as currently configured is able to treat to a level less than a proposed standard of discharge. Generally includes BOD, COD, TSS, NH3-N, TKN as N and P. Also referred to as "conventional pollutants."

CONTROL AUTHORITY

The POTW-TP Manager if the POTW-TP has an approved pretreatment program under the provisions of 40 CFR 403.11.

CONVENTIONAL POLLUTANTS

See definition of "compatible pollutants" above.

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

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.

DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

The Pennsylvania Department of Environmental Protection, or, where appropriate, the term may also be used as a designation for the Secretary or other duly authorized official of said agency.

DIRECT DISCHARGE

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

DOMESTIC WASTEWATER OR SEWAGE

The liquid and water-carried waste from residential dwellings and commercial buildings. This does not include industrial or processed wastewater produced from industrial processes or pretreatment facilities.

EASEMENT/RIGHT-OF-WAY

An acquired legal right for the specific use of land owned by a person other than the fee simple title owner.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

EQUIVALENT DWELLING UNIT (EDU)

The estimated amount of capacity utilized by a single-family residential dwelling. A "residential dwelling" shall be a single-family dwelling, each family unit of a multifamily dwelling (apartment, condominium, twin, townhouse, etc.) and a mobile home. For all nonresidential, commercial or industrial uses, one EDU shall equal 60,000 gallons of metered water consumption per year or 15,000 gallons of metered water consumption per quarter, and the number of EDUs shall be compared by dividing the total number of gallons of water used for each quarter by 15,000 and rounding off the next lower whole number if the decimal remainder is 0.49 or less and to the next higher whole number if the decimal remainder is 0.50 or more.

EXISTING SOURCE

Any source of discharge that is not a new source.

GRAB SAMPLE

A sample that is 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.

HATFIELD TOWNSHIP MUNICIPAL AUTHORITY

The Hatfield Township Municipal Authority (HTMA) Wastewater Treatment Plant, or the Manager of this POTW-TP.

HOLDING TANK WASTE

Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, and septic tanks.

IMPROVED PROPERTY

Any property within the Township 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 wastewater shall or may be discharged.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW, including holding tank waste discharged into the wastewater system.

INDIVIDUAL ON-LOT SEWAGE SYSTEM

A system of piping, tanks or other facilities serving a single property and collecting, treating and disposing of domestic sewage into a subsurface absorption area.

INDUSTRIAL, COMMERCIAL OR INSTITUTIONAL USER

An industrial, commercial or institutional source of indirect discharge.

INDUSTRIAL, COMMERCIAL OR INSTITUTIONAL USER PERMIT

As set forth in Article IV of this Part 1.

INDUSTRIAL WASTEWATER

All wastewater other than domestic wastewater; also includes process wastewater.

INFLOW/INFILTRATION (I/I)

The amount of extraneous surface water (inflow) and groundwater (infiltration) entering the sewerage system via cracks, breaks, cross connections, leaks, etc., which can be economically removed by rehabilitation of the infrastructure.

INSTANTANEOUS LIMIT

The maximum concentration of a pollutant permitted 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 POTW-TP'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; section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the "Resource Conservation and Recovery Act (RCRA)"; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act;[1] the Toxic Substances Control Act;[2] and the Marine Protection, Research, and Sanctuaries Act.

LANSDALE BOROUGH

The Borough of Lansdale Wastewater Treatment Plant or the Manager of this POTW-TP.

LATERAL

Refer to "public sewer."

LOCAL LIMIT

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

MANAGER

The person designated to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.

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.

MTMSA

The Montgomery Township Municipal Sewer Authority, which has responsibility for the collection and treatment of wastewater generated in the geopolitical boundaries of Montgomery Township, Montgomery County, Pennsylvania.

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. § 1317), which applied to a specific category of industrial users. (40 CFR Chapter I, Subchapter N, Parts 405-471).

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, 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 commenced after the publication of proposed pretreatment standards under Section 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:

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

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.

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 Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this definition has commenced if the owner or operator has:

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 is necessary for the placement, assembly, or installation of new source facilities or equipment; or

POTW TREATMENT PLANT or POTW-TP

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 definition.

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.

OCCUPIED BUILDING

Any structure for continuous or periodic human occupancy from which wastewater is or may be discharged and includes, without limitation, residential dwellings of all kinds, stores, shops, offices, warehouses, factories and business, commercial or industrial establishments.

OWNER

Any person vested with ownership, legal or equitable, sole, partial or joint, of any property located in Montgomery Township.

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 POTW-TP'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.

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

POLLUTANT

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

That portion of the POTW which is designed to provide treatment to wastewater from each participating municipality. The POTW-TPs servicing Montgomery Township are as follows: MTMSA Eureka Wastewater Treatment Plant, Ambler Borough Wastewater Treatment Plant, HTMA Wastewater Treatment Plant, Chalfont-New Britain Joint Sewage Authority Wastewater Treatment Plant, Upper Gwynedd Township Wastewater Treatment Plant, and Lansdale Borough Wastewater Treatment Plant. As used herein, the term POTW-TP shall, as the circumstances require, refer to the facility treating the wastewater and/or the entity responsible for its operation.

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 a user, other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS

Prohibited discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 187-5 of this Part 1.

PROPERTY ACCESSIBLE TO A PUBLIC SEWER

Property which adjoins, abuts on or is adjacent to a public sewer or a street or highway in which a public sewer is located, but shall not include any property on which the principal occupied building is located more than 150 feet from a public sewer.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), including the POTW treatment plant and any sewers that convey wastewater to the POTW treatment plant, but not including pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of this Part 1, POTW shall also include any sewers that convey wastewaters to the POTW from persons inside or outside Montgomery Township and participating municipalities.

PUBLIC SEWER

Facilities, including any part of but not necessarily the entirety of a system of such facilities, operated by the MTMSA for the collection of wastewater within Montgomery Township. This includes lateral lines from a street sewer to the curb or legal right-of-way where such lateral lines are constructed by or dedicated to and accepted by the MTMSA. A common sewer operated by the MTMSA for the conveyance of wastewater.

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

RETAINING TANK

A watertight receptacle which receives and retains wastewater and is designed and constructed to facilitate ultimate disposal of the wastewater at another site. Retaining tanks include but are not limited to a chemical toilet, a holding tank, a privy, an incinerating toilet, a composting toilet and a recycling toilet.

RETAINING TANK WASTE

Any waste from retaining tanks, such as vessels, chemical toilets, campers, trailers, and septic tanks.

SANITARY SEWER

A sewer that carries wastewater.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE

Refer to "wastewater."

SEWER

A pipe or conduit that carries wastewater.

SIGNIFICANT INDUSTRIAL USER (SIU)

Except as provided in Subsection A(3) and (4) of this definition, a significant industrial user is:

An industrial user subject to categorical pretreatment standards; or

An industrial user that:

Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

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

(c)

Is designated as such by the POTW 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 POTW-TP 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, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

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