[Ord. No. 2018-04, 8/14/2018]
The Board of Supervisors of Allen Township, Northampton County,
Pennsylvania, has determined it is in the best interests of the health,
safety, and welfare of the citizens of Allen Township to require that
all owners of improved property located in Allen Township connect
to the sanitary sewer system facilities owned and operated by Allen
Township when certain conditions exist as further enumerated herein.
[Ord. No. 2018-04, 8/14/2018]
For the purpose of this Part, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future tense, words in the singular number include
the plural number, and vice versa, and the word "shall" is always
mandatory and not directory.
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.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
A.
If the industrial user is a corporation, "authorized representative"
shall mean:
(1)
The president, secretary, treasurer or 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.
(2)
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures of $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.
B.
If the industrial user is a partnership, or sole proprietorship,
an "authorized representative" shall mean a general partner or proprietor,
respectively.
C.
If the industrial user is a federal, state or local governmental
facility, an "authorized representative" shall mean a director to
oversee the operation and performance of the activities of the government
facility, or his/her designee.
D.
The individuals described in Subsections
A through
C 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 managers for the company, and the written authorization is submitted to the Township.
BEST MANAGEMENT PRACTICES OR BMPs
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in this Part and 40 CFR 403.5(a)(1) and (b). 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 (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure as described
in the Standard Methods for the Examination of Water and Wastewater,
in five days at 20° C., expressed in terms of weight and concentration
(milligrams per liter).
BOROUGH
The Borough of Catasauqua and/or Borough of Northampton or
Borough Council of the Borough of Catasauqua and/or the Borough of
Northampton.
BOROUGH MANAGER
The Borough Manager of the Borough of Catasauqua and/or the
Borough of Northampton or his duly appointed deputy, agent or representative.
BUILDING SEWER
A sanitary sewer conveying wastewater to the lateral. (Same
as "customer facility.")
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulations containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear at 40 CFR, Chapter
I, Subchapter N, Parts 405-471.
CERTIFIED PROFESSONAL
A registered professional engineer under the laws of the
Commonwealth of Pennsylvania.
COLOR
The optical density at the visual wavelength of maximum absorption,
relative to distilled water. 100% transmittance is equivalent to zero
optical density.
COMPLIANCE
Adherence to conditions or requirements of this Part, including
industrial pretreatment requirements, any written directions issued
by the Township, or any wastewater discharge permit or other permit
issued under the provisions of this Part.
COMPLIANCE SCHEDULE
A schedule submitted by an industrial user and approved by
the Township setting forth the time within which an industrial user
shall be in compliance with provisions of this Part.
COMPOSITE SAMPLE
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
CONNECTION FEE
A fee, as defined and designated as a connection fee, as
set forth in the Act of June 19, 2001, P.L. 287, No. 22 (53 Pa.C.S.A.
§ 5601 et seq.), as amended, commonly known as the "Municipal
Authorities Act."
COOLING WATER
The water discharged from any use such as air conditioning,
cooling, or refrigeration, during which the only pollutant added to
the water is heat.
CUSTOMER FACILITIES FEE
A fee, as defined and designated as a customer facilities
fee, as set forth in the Act of June 19, 2001, P.L. 287, No. 22 (53
Pa.C.S.A. § 5601 et seq.), as amended, commonly known as
the "Municipal Authorities Act."
CUSTOMER FACILITY
That portion of the sewer system serving the connected property
from the property line or curb stop to the proposed dwelling or building
to be served. (Same as "building sewer.")
DEP
The Pennsylvania Department of Environmental Protection,
or, where appropriate, it shall also mean any duly authorized official
of said agency.
DOMESTIC WASTES
Normal household wastes from kitchens, water closets, lavatories,
and laundries, or any waste from a similar source and possessing the
same characteristics.
DWELLING UNIT
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by persons living
alone, excluding, however, college and institutional dormitories.
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 Regional
Water Management Division Director or other duly authorized official
of said agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commenced prior to the publication of proposed categorical pretreatment
standards which will be applicable to such source if the standard
is thereafter promulgated in accordance with Section 307 of the Act.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of food.
GRAB SAMPLE
A sample 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.
GROUNDWATER
Water which is contained in or passing through the ground.
HOLDING TANK WASTE
The liquid and/or solid material from a septic tank, cesspool,
or similar domestic waste treatment or containment system, or waste
from holding tanks, such as those found in vessels, chemical toilets,
campers or horse trailers.
IMPROVED PROPERTY
Any property within the sewered area upon which there is
situated or erected a structure intended for continuous or periodic
habitation, occupancy or use by humans or animals and from which structure
sanitary sewage and/or industrial waste is or may be discharged.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act.
INDUSTRIAL PRETREATMENT PROGRAM
The sum of the provisions of this Part and applicable ordinances
or rules of the sewage treatment plant operator, amendments thereto,
and any activities authorized by this Part as regards the regulation
and control of industrial users.
INDUSTRIAL USER
Any improved property located within the Township and used
or intended for use, wholly or in part, for the manufacturing, processing,
cleaning, laundering or assembling of any product, commodity or article,
or any other improved property located in the Township from which
wastes, in addition to or other than sanitary sewage, shall be discharged.
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 natural resources,
and which is discharged into the sewer system; but not cooling water
or sanitary sewage. Any wastewater which contains industrial waste
and which is discharged from an industrial, manufacturing, trade or
business premises is considered industrial waste for the purposes
of this Part.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration (or loading) 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 which, alone or in conjunction with a discharge
or discharges from other sources, both:
A.
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
B.
Therefore, is a cause of a violation of the POTW's NPDES
permit (including an increase in the magnitude or duration of a violation)
or of the prevention of sewage sludge use or disposal in compliance
with the following statutory provisions and regulations of permits
issued thereunder (or more-stringent state or local regulations):
(1)
Section 405 of the Clean Water Act; the Solid Waste Disposal
Act (SWDA), including Title II, commonly referred to as the "Resource
Conservation and Recovery Act (RCRA)," and including state regulations
contained in any state sludge management plan prepared pursuant to
Subtitle D of the SWDA; the Clear Air Act; the Toxics Substances Control Act; and the Marine Protection, Research and Sanctuaries Act; or which results in or increases the severity of a violation
of other state or national environmental statutes, rules or regulations.
LATERAL
That part of the sewer system extending from a sewer main
to the curbline, or if there is no curbline to the property line,
or, if no such lateral shall be provided, then "lateral" shall mean
that portion of, or place in, a sewer main which is provided for connection
of any building sewer.
LOCAL LIMITS
Numerical limitations on the concentration, mass or other
characteristics of wastewaters or pollutants discharged, or likely
to be discharged, by industrial users, and which are developed by
the Township or the applicable sewage treatment plant operator.
NEW SOURCE
A.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which started after the publication of proposed treatment standards
under Section 307(c) of the Act which shall be applicable to each
such source, or such standards as are thereafter promulgated in accordance
with that section, provided that:
(1)
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
(2)
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(3)
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 is the existing source should be considered.
B.
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 Subsection A(2) or (3) above but otherwise
alters, replaces or adds to the existing process or production equipment.
Construction of a new source as defined under this subsection has
commenced if the owner or operator has:
(1)
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 are
necessary for the replacement, assembly or installation of new source
facilities or equipment.
(2)
Entered into a binding contractual obligation for 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.
NORMAL PRODUCTION DAY
For the purposes of sampling wastewater, a normal production
day is that period of time during which wastewater is discharged and
production, cleanup, and other activities that normally produce wastewater
or industrial waste are occurring. If a sample is specified to be
collected during a normal production day, it should not include aliquots
taken during periods that are not representative of normal activities
or during times when wastewater is not being discharged.
OPERATOR
Any person having charge, care, control, or management of
a pretreatment facility of industrial wastes or of a truck or trucks
used in the removal, transport, or disposal of wastewater, industrial
wastes or holding tank waste.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
PASS-THROUGH
A discharge or pollutant which cannot be treated adequately
by the POTW and therefore exits into waters of the United States in
quantities or concentrations which, alone or in conjunction with the
discharge or discharges from other sources, is a cause of a violation
of any requirement of the POTW'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. The masculine gender shall include the feminine,
and 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.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical waste, chemical waste,
industrial wastes, biological materials, radioactive material, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, agricultural
and industrial wastes, and the characteristics of the wastewater [i.e.,
pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand
(COD), toxicity, odor].
POLLUTANTS OF CONCERN (POCs)
Any pollutant that might be reasonably expected to be discharged
to the treatment plant in sufficient amounts that pass through or
interfere with the plant, contaminate the sludge, cause problems in
the collection system, jeopardize the worker or are otherwise designated
as such by the Township or the POTW operator.
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
An agent of the Township designated to administer the industrial
pretreatment requirements of this Part.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on any industrial user, other than a categorical standard
by Section 303(b) and (c) of the Act, the state or this Part. It shall
also include any pretreatment requirements of the POTW ultimately
receiving the sewage as industrial waste (for example Northampton
Borough or Catasauqua Borough).
PRETREATMENT STANDARDS
All applicable federal rules and regulations implementing
Section 307 of the Act, as set forth in 40 CFR, Subchapter N, Parts
401-471, as well as any nonconflicting state or local standards. In
case of conflicting standards or regulations, the more stringent thereof
shall be applied.
PROACTIVE CONTROL OF POCs
Nondomestic users shall identify actual or potential POCs
and biotoxics, including any POCs and biotoxics not specifically identified
in this permit or Township ordinances, to prevent pass-through and
interference, personnel and public exposure and collection system
problems.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292), which is owned by the state or municipality.
This definition includes any devices or systems used in the collection,
storage, treatment, recycling and reclamation of sewage or industrial
wastes and any conveyances which convey wastewater to a treatment
plant. The term also means the municipal entity having jurisdiction
over the industrial users and the responsibility for the operation
and maintenance of the treatment works.
SANITARY COLLECTION SYSTEM
All facilities owned and operated by the Township, as of
any particular time, used or usable for collecting, transporting,
pumping, and disposing of wastewater, which facilities are ultimately
connected to and served by a sewage treatment plant.
SANITARY SEWAGE
Normal, domestic waterborne waste from any improved property,
but excluding: effluent from septic tanks or cesspools; rain, snow
or 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 stormwaters, surface waters or groundwaters are not intentionally
admitted.
SEWAGE TREATMENT PLANT
That portion of the sewer system which is designed to provide
treatment of wastewater and discharge of treated effluent to the environment.
SEWAGE TREATMENT PLANT OPERATOR
The municipality or township having charge, care, control,
management, or ownership of a sewage treatment plant connected to
and serving any portion of the Township sanitary collection system.
SEWER
Any pipe or conduit for conveying wastewater or stormwater.
SEWER MAIN
The principal or primary pipe or conduit which is used for
collecting and transporting sanitary sewage and/or industrial wastes.
SEWER SYSTEM
The sewage collection system, sewage treatment plant, and
any sewers that convey wastewater to a POTW. For the purposes of this
Part, "sewer system" shall also include any sewers that convey wastewater
to any sewage treatment plant from persons who are, by contract or
agreement with the Township, users of the sewer system.
SEWERED AREA
That portion of the community in which there shall be located
a municipal sewer system as from time to time constructed and extended
by the Township or others.
SIGNIFICANT INDUSTRIAL USER
A.
Except as provided in Subsection
B of this definition, the term "significant industrial user" means:
(1)
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR, Chapter
I, Subchapter N; and
(2)
Any other industrial user that discharges an average of 25,000
gallons per day or more of processed wastewater to the POTW (excluding
sanitary, noncontact cooling and blow-down 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 is designed
as such by the control authority as defined in 40 CFR 403.12(a), and
has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement
[in accordance with 40 CFR 403.8(f)(6)].
B.
Upon the finding that an industrial user meeting the criteria
in Subsection A(2) of this definition has no reasonable potential
for adversely affecting the POTW's operation or 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 an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6),
determine that such industrial user is not a significant industrial
user.
SIGNIFICANT NONCOMPLIANCE
Occurs when a significant industrial user (or any other industrial
user whose violation meets Subsection C, D or H below) has a violation
of this Part and said 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 of the measurements taken for
the same pollutant parameter during a six-month period exceed (by
any magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1);
B.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken for the
same pollutant parameter during a six-month period equal or exceed
the product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1), 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 standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW 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 pursuant to §
18-117, Subsection 1E, of this Part to halt or prevent such a discharge;
E.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F.
Failure to provide, within 45 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
G.
Failure to accurately report noncompliance;
H.
Any other violation or group of violations, which may include
a violation of best management practices, which the POTW determines
will adversely affect the operation or implementation of the local
pretreatment program.
SLUG LOAD
Any discharge at a flow rate or concentration which would
cause a violation of the prohibited discharge standards of this Part
or any discharge of a nonroutine, episodic nature, including, but
not limited to, an accidental spill or a noncustomary batch discharge.
SPCC PLAN
A 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 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.
STORM SEWER
A sewer designed and constructed for the purposes of carrying
stormwater, and to which sanitary sewage or industrial wastes are
not intentionally admitted. Stormwater sewers are not part of the
sewage collection system.
STORMWATER
Any flow of water occurring during or following any form
of natural precipitation and resulting therefrom.
STREET
Any street, road, lane, court, cul-de-sac, alley, public
way, or public square.
TAPPING FEE
A fee, as defined and designated as a tapping fee, as set
forth in the Act of June 19, 2001, P.L. 287, No. 22 (53 Pa.C.S.A.
§ 5601 et seq.), as amended, commonly known as the "Municipal
Authorities Act."
TOWNSHIP
Allen Township, Northampton County, Pennsylvania, a political
subdivision of the Commonwealth of Pennsylvania, acting by and through
its Board of Supervisors or, in appropriate cases, acting by and through
its authorized representatives.
TOWNSHIP MANAGER
The Township Manager of Allen Township or his duly appointed
deputy, agent or representative.
UNAUTHORIZED DISCHARGE
Discharge of an unauthorized waste, or a discharge which
otherwise is not in compliance with the requirements of this Part.
UNAUTHORIZED WASTE
Any substance which is discharged into the sewage collection
system which is not in compliance with the provisions of this Part.
USER
Any person who contributes, causes or permits the discharge
of wastewater into the sewer system.
WASTEWATER
Industrial wastes or domestic wastes from dwellings, commercial
buildings, industrial facilities, and institutions, together with
any groundwater, surface water, and stormwater that may be present,
whether treated or untreated, which enters the sewer system.