The following words and terms, when used in this
chapter, have the following meanings, unless the context clearly indicates
otherwise:
AEU-Animal Equivalent Unit-One
thousand pounds live weight of livestock or poultry animals, regardless of the
actual number of individual animals comprising the unit, as defined in
3 Pa.C.S. §
503 (relating to
definitions).
Administrator-The Administrator of
the EPA or an authorized representative.
Agricultural operation-The management
and use of farming resources for the production of crops, livestock or poultry
as defined in
3 Pa.C.S. §
503.
Agricultural process wastewater
-Wastewater from agricultural operations, including from spillage or overflow
from livestock or poultry watering systems; washing, cleaning or flushing pens,
milkhouses, barns, manure pits; direct contact swimming, washing or spray
cooling of livestock or poultry; egg washing; or dust control.
Applicable effluent limitations or
standards-State, interstate and Federal effluent limitations or
standards to which a discharge is subject under the State and Federal Acts,
including, but not limited to, water quality-based and technology-based
effluent limitations, standards of performance, toxic effluent standards and
prohibitions, BMPs and pretreatment standards.
Applicable water quality standards
-Water quality standards to which a discharge is subject under the State and
Federal Acts, and regulations promulgated thereunder.
Application-The Department's form for
applying for approval to discharge pollutants to surface waters of this
Commonwealth under a new NPDES permit, or reissuance of an existing NPDES
permit, or the modification or transfer of an existing NPDES permit.
Aquaculture project-A defined managed
water area which uses discharges of pollutants into that designated area for
the maintenance or production of harvestable freshwater, estuarine, or marine
plants and animals.
Authority-A body politic and corporate
created under 53 Pa.C.S. Chapter 56 (relating to municipal authorities
act).
BAT-Best Available Technology Economically
Achievable-
(i) The maximum
degree of effluent reduction attainable through the application of the best
treatment technology economically achievable within an industrial category or
subcategory, or other category of discharger.
(ii) The term includes categorical ELGs
promulgated by the
EPA under section 304(b) of the
Federal Act (33 U.S.C.A. §
1314(b)).
BOD5-Biochemical oxygen
demand, 5-day-The 5-day measure of the pollutant parameter biochemical
oxygen demand.
BMP-Best Management Practices-
(i) Schedules of activities, prohibitions of
practices, maintenance procedures and other management practices to prevent or
reduce pollutant loading to surface waters of this Commonwealth.
(ii) The term includes treatment
requirements, operating procedures and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw material
storage. The term includes activities, facilities, measures, planning or
procedures used to minimize accelerated erosion and sedimentation and manage
stormwater to protect, maintain, reclaim, and restore the quality of waters and
the existing and designated uses of waters within this Commonwealth before,
during and after earth disturbance activities.
BTA-Best Technology Available-The
combination of technologies and operational practices that achieves the most
effective degree of impingement mortality and entrainment reduction applicable
to the facility.
CAAP-Concentrated Aquatic Animal Production
Facility-A hatchery, fish farm or other facility which meets the
criteria in 40 CFR
122.24 (relating to concentrated aquatic
animal production facilities (applicable to State NPDES programs, see §
123.25)).
CAFO-Concentrated Animal Feeding
Operation-A CAO with greater than 300 AEUs, any agricultural operation
with greater than 1,000 AEUs, or any agricultural operation defined as a large
CAFO under 40 CFR
122.23(b)(4) (relating to
concentrated animal feeding operations (applicable to State NPDES programs, see
§
123.25)).
CAO-Concentrated Animal Operation-An
agricultural operation that meets the criteria established by the State
Conservation Commission under the authority of 3 Pa.C.S. Chapter 5 (relating to
nutrient management and odor management) in Chapter 83, Subchapter D (relating
to nutrient management).
CBOD5-Carbonaceous
biochemical oxygen demand, 5-day-The 5 day measure of the pollutant
parameter carbonaceous biochemical oxygen demand.
CSO-Combined Sewer Overflow-An
intermittent overflow or other untreated discharge from a municipal combined
sewer system (including domestic, industrial and commercial wastewater and
stormwater) prior to reaching the headworks of the sewage treatment facility
which results from a flow in excess of the dry weather carrying capacity of the
system.
Combined sewer system-A sewer system
that has been designed to serve as both a sanitary sewer and a storm
sewer.
Conventional pollutant-Biochemical
oxygen demand, carbonaceous biochemical oxygen demand, suspended solids, pH,
fecal coliform, oil or grease.
DMR-Discharge Monitoring Report-The
Department or EPA supplied forms for reporting of self-monitoring results by
the permittee.
Daily discharge-The discharge of a
pollutant measured during a calendar day or any 24-hour period that reasonably
and accurately represents the calendar day for purposes of sampling:
(i) For pollutants with limitations expressed
in units of mass, the daily discharge is calculated as the total mass of the
pollutant discharged over the day.
(ii) For pollutants with limitations
expressed in other units of measurement, the daily discharge is calculated as
the average measurement of the pollutant over the day.
Discharge-An addition of any
pollutant to surface waters of this Commonwealth from a point source.
Disturbed area-As defined in Chapter
102 (relating to erosion and sediment control).
Draft permit-A document prepared by
the Department indicating the Department's tentative decision to issue or deny,
modify, revoke or reissue a permit.
ELG-Effluent Limitations Guideline-A
regulation published by the Administrator under section 304(b) of the Federal
Act, or by the Department, to revise or adopt effluent limitations.
Earth disturbance activity-As defined
in Chapter 102.
Effluent limitation or standard-A
restriction established by the Department or the Administrator on quantities,
rates and concentrations of chemical, physical, biological and other
constituents which are discharged from point sources into surface waters,
including BMPs and schedules of compliance.
Entrainment-The incorporation of all
life stages of fish and shellfish with intake flow entering and passing through
a cooling water intake structure and into a cooling water intake system.
Existing discharge-A discharge that is
not a new discharge or a new source.
Facility or
activity
-Any NPDES point source or any other facility or activity including land or
appurtenances thereto that is subject to regulation under the NPDES
Program.
Federal Act-The Federal Water
Pollution Control Act (33
U.S.C.A. §§
1251-1387)
also known as the Clean Water Act or CWA.
GPD-Gallons per day.
Impingement-The entrapment of all
life stages of fish and shellfish on the outer part of the intake structure or
against a screening device during periods of intake water withdrawal.
Indirect discharger-A discharger of
nondomestic wastewater introducing pollutants into a POTW or other treatment
works.
Industrial waste-
(i) A liquid, gaseous, radioactive, solid or
other substance, not sewage, resulting from manufacturing or industry, or from
an establishment, and mine drainage, refuse, silt, coal mine solids, rock,
debris, dirt and clay from coal mines, coal collieries, breakers or other coal
processing operations.
(ii) The
term includes all of these substances whether or not generally characterized as
waste.
Instantaneous maximum effluent
limitation-The highest allowable discharge of a concentration or mass
of a substance at any one time as measured by a grab sample.
Intermittent stream-A body of water
flowing in a channel or bed composed primarily of substrates associated with
flowing water, which, during periods of the year, is below the local water
table and obtains its flow from both surface runoff and groundwater
discharges.
Interstate agency-An agency of two or
more states established by or under an agreement or compact, or any other
agency of two or more states, having substantial powers or duties pertaining to
the control of pollution as determined and approved by the
Administrator.
Large municipal separate storm sewer
system-A municipal separate storm sewer system as defined in
40 CFR
122.26(b)(4) (relating to
storm water discharges (applicable to State NPDES programs, see §
123.25)).
Livestock-
(i) Animals raised, stabled, fed or
maintained on an agricultural operation with the purpose of generating income
or providing work, recreation or transportation. Examples include: dairy cows,
beef cattle, goats, sheep, swine and horses.
(ii) The term does not include aquatic
species.
MGD-Million gallons per day.
MS4-Municipal Separate Storm Sewer
System-A separate storm sewer (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, manmade channels or
storm drains) which is all of the following:
(i) Owned or operated by a State, city, town,
borough, county, district, association or other public body (created by or
under State law) having jurisdiction over disposal of
sewage, industrial
wastes,
stormwater or other wastes, including special districts under state law
such as a sewer district, flood control district or drainage district, or
similar entity, or a designated and approved management agency under section
208 of the
Federal Act (33
U.S.C.A. §
1288) that discharges to
surface waters of this Commonwealth.
(ii) Designed or used for collecting or
conveying stormwater.
(iii) Not a
combined sewer.
(iv) Not part of a
POTW.
Major amendment-Any amendment to an
NPDES permit that is not a minor amendment.
Major facility-A POTW with a design
flow of 1.0 MGD or more and any other facility classified as such by the
Department in conjunction with the Administrator.
Manure-
(i) Animal excrement, including poultry
litter, which is produced at an agricultural operation.
(ii) The term includes materials such as
bedding and raw materials which are commingled with that excrement.
Medium municipal separate storm sewer
system-A municipal separate storm sewer system as defined in
40 CFR
122.26(b)(7).
Mining activity-A surface or
underground mining activity as defined in Chapter 77 or Chapter 86 (relating to
noncoal mining; and surface and underground coal mining: general).
Minor amendment-An amendment to an
NPDES permit to correct a typographical error, increase monitoring
requirements, change interim compliance dates by no more than 120 days, allow
for a change in ownership or operational control of a facility, delete an
outfall, change a construction schedule for a discharger that is a new source,
or to incorporate an approved pretreatment program into an existing
permit.
Minor facility-A facility not
identified as a major facility.
Monthly average discharge limitation
-The highest allowable average of daily discharges over a calendar month,
calculated as the sum of all daily discharges measured during the calendar
month divided by the number of daily discharges measured during the
month.
Municipality-A city, town, borough,
county, township, school district, institution, authority or other public body
created by or pursuant to State law and having jurisdiction over disposal of
sewage, industrial wastes or other wastes.
NOI-Notice of Intent-A complete form
submitted for NPDES general permit coverage which contains information required
by the terms of the permit and by §
92a.54 (relating to general
permits). An NOI is not an application.
NPDES-National Pollutant Discharge
Elimination System.
NPDES form-An issued NPDES permit,
the application, NOI or any DMR reporting form.
NPDES general permit or general permit
-An NPDES permit that is issued for a clearly described category of point
source discharges, when those discharges are substantially similar in nature
and do not have the potential to cause significant adverse environmental
impact.
NPDES permit-An authorization, license
or equivalent control document issued by the Administrator or the Department to
implement the requirements of
40 CFR Parts
122-124 (relating to EPA administered
permit programs: the National Pollutant Discharge Elimination System; state
program requirements; and procedures for decisionmaking) and the Federal
Act.
New discharger-A building, structure,
facility, activity or installation from which there is or may be a discharge of
pollutants that did not commence the discharge at a particular site prior to
August 13, 1979, which is not a new source, and which has never received a
final effective NPDES permit for discharges at that site.
New source-A building, structure,
facility, activity or installation from which there is or may be a discharge of
pollutants, the construction of which commenced after promulgation of standards
of performance under section 306 of the Federal Act (33 U.S.C.A. §
1316) which are applicable to the
source.
No exposure-Where industrial materials
and activities are protected by a storm-resistant shelter to prevent exposure
to stormwater. Industrial materials and activities include, but are not limited
to, material handling equipment or activities, industrial machinery, raw
materials, intermediate products, by-products, final products, or waste
products. Material handling activities include the storage, loading and
unloading, transportation, or conveyance of any raw material, intermediate
product, final product or waste product.
Nonconventional pollutant-A pollutant
which is not a conventional or toxic pollutant.
Nonpoint source-A pollutant source
that is not a point source.
POTWs-Publicly Owned Treatment
Works-
(i) A treatment works
which is owned by a state or municipality.
(ii) The term includes any devices and
systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature.
(iii) The term also includes sewers, pipes or
other conveyances if they convey wastewater to a POTW treatment
plant.
(iv) The term also means the
municipality as defined in section 502(4) of the
Federal Act (33 U.S.C.A. §
1362(4)), which has
jurisdiction over the indirect discharges to and the discharges from such a
treatment works.
Perennial stream-A body of water
flowing in a channel or bed composed primarily of substrates associated with
flowing waters and capable, in the absence of pollution or other manmade stream
disturbances, of supporting a benthic macroinvertebrate community which is
composed of two or more recognizable taxonomic groups of organisms which are
large enough to be seen by the unaided eye and can be retained by a United
States Standard No. 30 sieve (28 meshs per inch, 0.595 mm openings) and live at
least part of their life cycles within or upon available substrates in a body
of water or water transport system.
Person-Any individual, public or
private corporation, partnership, association, municipality or political
subdivision of this Commonwealth, institution, authority, firm, trust, estate,
receiver, guardian, personal representative, successor, joint venture, joint
stock company, fiduciary; department, agency or instrumentality of State,
Federal or local government, or an agent or employee thereof; or any other
legal entity.
Point source-A discernible, confined
and discrete conveyance, including, but not limited to, any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
CAAP, CAFO, landfill leachate collection system, or vessel or other floating
craft, from which pollutants are or may be discharged.
Pollutant-A contaminant or other
alteration of the physical, chemical, biological or radiological integrity of
surface water that causes or has the potential to cause pollution as defined in
section 1 of the State Act (35 P. S. §
691.1).
Pollution prevention-Source reduction
and other practices that reduce or eliminate the creation of pollutants through
increased efficiency in the use of raw materials, energy, water or other
resources, without having significant cross-media impacts.
Privately owned treatment works-A
device or system used to treat wastewater that is not a POTW.
Process wastewater-Water which,
during manufacturing or processing, comes into direct contact with or results
from the production or use of any raw material, intermediate product, finished
product, byproduct or waste product.
SRSTP-Single Residence Sewage Treatment
Plant-A system of piping, tanks or other facilities serving a single
family residence located on a single family residential lot, that solely
collects, treats, and disposes of direct or indirect sewage discharges from the
residence into surface waters of this Commonwealth.
SSO-Sanitary Sewer Overflow-An
overflow of wastewater, or other untreated discharge from a separate sanitary
sewer system (which is not a combined sewer system), which results from a flow
in excess of the carrying capacity of the system or from some other cause prior
to reaching the headworks of the sewage treatment facility.
Schedule of compliance-A schedule of
remedial measures including an enforceable sequence of actions or operations
leading to compliance with effluent limitations, prohibitions, other
limitations or standards.
Separate storm sewer-A conveyance or
system of conveyances (including pipes, conduits, ditches and channels)
primarily used for collecting and conveying stormwater runoff.
Setback-A specified distance from the
top of the bank of surface waters, or potential conduits to surface waters,
where manure and agricultural process wastewater may not be land applied.
Examples of conduits to surface waters include, but are not limited to:
(i) Open tile line intake
structures.
(ii)
Sinkholes.
(iii) Agricultural
wellheads.
Sewage-A substance that contains any
of the waste products or excrementitious or other discharge from the bodies of
human beings or animals.
Significant biological treatment-The
use of an aerobic or anaerobic biological treatment process in a treatment
works to consistently achieve a 30-day average of at least 65% removal of
BOD5.
Small flow treatment facility-A
treatment works designed to adequately treat sewage flows of not greater than
2,000 gallons per day for final disposal using a stream discharge or other
methods approved by the Department.
Small municipal separate storm sewer
system-A municipal separate storm sewer system as defined in
40 CFR
122.26(b)(16).
State Act-The Clean Streams Law
(35 P. S. §§
691.1-691.1001).
Stormwater-Runoff from precipitation,
snow melt runoff and surface runoff and drainage.
Stormwater discharge associated with
construction activity-The discharge or potential discharge of
stormwater from construction activities into waters of this Commonwealth,
including clearing and grubbing, grading and excavation activities involving 1
acre (0.4 hectares) or more of earth disturbance activity, or an earth
disturbance activity on any portion, part or during any stage of, a larger
common plan of development or sale that involves 1 acre (0.4 hectares) or more
of earth disturbance activity over the life of the project.
Stormwater discharge associated with industrial
activity-The discharge from any conveyance that is used for collecting
and conveying stormwater and that is directly related to manufacturing,
processing or raw materials storage areas at an industrial plant, and as
defined in 40 CFR
122.26(b)(14) (i)-(ix) and
(xi).
Surface waters-Perennial and
intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs,
natural seeps and estuaries, excluding water at facilities approved for
wastewater treatment such as wastewater treatment impoundments, cooling water
ponds and constructed wetlands used as part of a wastewater treatment
process.
TMDL-Total Maximum Daily Load-The term
as defined in Chapter 96 (relating to water quality standards
implementation).
TSS-Total Suspended Solids-The
pollutant parameter total suspended solids.
Toxic pollutant-Those pollutants, or
combinations of pollutants, including disease-causing agents, which after
discharge and upon exposure, ingestion, inhalation or assimilation into any
organism, either directly from the environment or indirectly by ingestion
through food chains, may, on the basis of information available to the
Administrator or the Department, cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions, including
malfunctions in reproduction, or physical deformations in these organisms or
their offspring.
Treatment works-Any devices and
systems used in the storage, treatment, recycling, and reclamation of municipal
sewage or industrial wastes of a liquid nature to implement the State and
Federal Acts, or necessary to recycle or reuse water at the most economical
cost over the estimated life of the works, including intercepting sewers,
outfall sewers, sewage collection systems, pumping, power, and other equipment,
and their appurtenances; extensions, improvements, remodeling, additions, and
alterations thereof; elements essential to provide a reliable recycled supply
such as standby treatment units and clear well facilities; and any works,
including site acquisition of the land that will be an integral part of the
treatment process (including land used for the storage of treated wastewater in
land treatment systems prior to land application) or is used for ultimate
disposal of residues resulting from the treatment.
Vegetated buffer-A permanent strip of
dense perennial vegetation established parallel to the contours of and
perpendicular to the dominant slope of the field for purposes that include
slowing water runoff, enhancing water infiltration and minimizing the risk of
any potential pollutants from leaving the field and reaching surface
waters.
WETT-Whole Effluent Toxicity
Testing-
(i) A test, survey,
study, protocol or assessment which includes the use of aquatic, bacterial,
invertebrate or vertebrate species to measure acute or chronic toxicity, and
any biological or chemical measure of bioaccumulation, bioconcentration or
impact on established aquatic and biological communities.
(ii) The term includes any established,
scientifically defensible method that is sufficiently sensitive to measure
toxic effects.
WQBEL-Water Quality-based Effluent
Limitation-An effluent limitation based on the need to attain or
maintain the water quality criteria and to assure protection of designated and
existing uses.
Water quality standards-The
combination of water uses to be protected and the water quality criteria
necessary to protect those uses.
Weekly average discharge limitation
-The highest allowable average of daily discharges over a calendar week,
calculated as the sum of all daily discharges measured during the calendar week
divided by the number of daily discharges during that week.
Wetlands-Areas that are inundated or
saturated by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas.
Whole effluent toxicity-The aggregate
toxic effect of an effluent measured directly with a WETT.