Definitions. Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this Part 1H, 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.
ADMINISTRATIVE ORDER
An enforcement document which directs a user to undertake
or to cease specified activities. Types of administrative orders are
cease and desist orders, consent orders, show cause orders and compliance
orders.
BASELINE MONITORING REPORT
A report, to be submitted at least 90 days prior to commencement
of a discharge, containing the following: identifying information,
environmental permits, description of operation, flow measurements,
measurements of pollutants, certification, compliance schedule and
signatures and certification.
ENVIRONMENTAL PROTECTION AGENCY
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, including the Regional
Water Management Division Director.
GENERAL MANAGER
The person designated by the Control Authority to supervise
the operation of the POTW and who is charged with certain duties and
responsibilities by this Part 1H or duly authorized representative,
delegated by the General Manager.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants (including holding tank wastes)
into the POTW from any nondomestic source regulated under Section
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 an
establishment as herein defined and mine drainage, refuse, silt, coal
mines, coal collieries, breakers or other coal-processing operation.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes 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 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; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
ISOLATED
A single incident that shall be followed by 12 consecutive
months of compliance for the same parameter or requirement.
NOTIFICATION
Depending on the situation, generally, the submission of
information in response to an event or request to characterize the
nature of the event, condition, identification and/or estimation of
information, as required by Resolution 245, Part 1B.
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
government entities. The masculine gender shall including the feminine,
and the singular shall include the plural where indicated by the context.
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).
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water, such that harm to
human health or the environment results.
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; 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 national pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS or POTW
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292), which is owned by the Control Authority.
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 POTW treatment plant.
PUBLIC NOTIFICATION
The annual publishing, in the largest daily newspaper published
in the service area in which the POTW is located, of all violators
who have been determined to be in significant noncompliance with applicable
pretreatment requirements during the previous 12 months.
SELF-MONITORING REPORT or SMR
The user's compliance report, as mandated by the user's
permit, that is submitted, or schedule, covering the proper time period,
including all information required, and is properly signed. The report
shall include the parameters required, the number of measurements
for each parameter, sampling procedures, the discharge concentration
and completeness of other information required.
SHALL; MAY
"Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
(a)
A user subject to categorical pretreatment standards.
(b)
A user that:
1)
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, cooling, noncontact 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.
3)
Is designed 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 equipment.
(c)
Upon a finding that a user meeting the criteria in Subsection
(a) 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 CFR 403.8(f)(6), determine that such user should
not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE
A user is in significant noncompliance if its violation meets
one or more of the specific criteria set forth in 40 CFR 403.8(f)(2)(vii).
For purposes of this definition, a user is in significant noncompliance
if its violation meets one or more of the following criteria:
(a)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken during
a six-month period exceed (by any magnitude) the daily maximum limit
or the average limit for the same pollutant parameter.
(b)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum limit or the average limit multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease; and
1.2 for all other pollutants except pH).
(c)
Any other violation of a pretreatment effluent limit (daily
maximum or average limit) that the Control Authority 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).
(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 under Resolution
245, Part 1B, or halts or prevents such a discharge.
(e)
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local mechanism or enforcement order
for starting construction, completing construction or attaining final
compliance contained in Resolution 245, Part 1B, or in an enforcement
order.
(f)
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, periodic self-monitoring
and compliance reports with schedules.
(g)
Failure to accurately report noncompliance.
(h)
Any other violation or group of violations which the Control
Authority determines will adversely effect the operation or implementation
of the local pretreatment program.
STATE
The Commonwealth of Pennsylvania.
VIOLATION
An instance of noncompliance with any requirement of Resolution
245, Part 1B, and/or this Part 1H.
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 or any portion thereof.