Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
(1) 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.
(2) Approval Authority. The appropriate regional administrator of the U.S. EPA, or his or her designee, or the appropriate State Authority when the State has been delegated an approved pretreatment program.
(3) Authorized Representative of the Industrial User.
A. If the industrial user is a corporation, “authorized representative” shall mean;
1. 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; specifically, any delegate of the corporation identified by “Signature of Official” affixed to either initial “Wastewater Survey for Non Residential Establishments” or “Permit Renewal” applications. Such delegate shall personally oversee and coordinate duties or obligations as required by the POTW’s Pretreatment Program. Change in delegation shall be granted when a written request to do so is submitted to the POTW by the president, vice-president or secretary;
2. The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($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, “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 or the highest official appointed or designated to oversee the operation and performance of the activities of’ the government facility, or his or her designee;
The individuals described in paragraphs (3)A. to C. hereof 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 matters for the company, and the written authorization is submitted to the POTW.
(4) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, for five days at twenty degrees Centigrade expressed in terms of mass and concentration (milligrams per liter (mg/I)).
(5) Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(6) Color. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density.
(7) 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.
(8) Enforcing Officer. The person designated by this Municipality to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter.
(9) Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the tern may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency.
(10) 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 807 of the Act.
(11) Grab Sample. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
(12) Indirect Discharge or Discharge. The introduction of nondomestic pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
(13) Industrial User (IU) or User. A source of indirect discharge.
(14) 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.
(15) Interference. A discharge which alone or in conjunction with a discharge or discharges from other sources: 1) inhibits or disrupts the POTW, its treatment process or operations or its sludge processes, use or disposal; and 2) therefore is a cause of violation of this Municipality’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 more stringent State or local regulations): 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); any State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
(16) Medical Waste. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
(17) Municipality. The legal entity adopting this chapter.
(18) 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, which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that:
A. The building, structure, facility or installation is constructed at a site at which no other source is located;
B. 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 of 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 paragraph (18)B. or C. hereof but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined herein has commenced if the owner or operator has begun, or caused to begin, as part of a continuous on site construction program, any placement, assembly, or installation of facilities or equipment, or 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 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 paragraph.
(19) Non-contact Cooling Water. Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product.
(20) Pass Through. A discharge which exits the POTW into waters of the U.S. 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’s NPDES permit, including an increase in the magnitude or duration of a violation.
(21) 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 or local governmental entities
(22) pH. A measure of the acidity or alkalinity of a substance, expressed in standard units.
(23) Pollutant. Any dredged spoil, solid wastes, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, 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 and odor).
(24) 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.
(25) Pretreatment Requirement. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
(26) Pretreatment Standards or Standards. Prohibitive discharge standards, categorical pretreatment standards, and local limits.
(27) Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances. (See Section
1045.09(a).)
(28) Publicly Owned Treatment Works or POTW. A treatment works as defined in Section 212 of the Act (33 U.S.C. 1292), which is owned by the SWDCMA. The term 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 authority having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
(29) Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
(30) Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.)
(31) Significant Industrial User (SIU).
A. Industrial users subject to categorical pretreatment standards; and
B. Any other industrial user that 0 discharges an average of 25,000 gallons per day or more of process wastewater, ii) contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant or, iii) is designated as significant by the POTW on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(32) Slug Load. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 1045.09(a) or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
(33) Standard Industrial Classification (SIC) Code, A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
(34) Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt.
(35) Suspended Solids, The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
(36) Toxic Pollutant. One of 126 pollutants, or any combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of Section 307 of the Act (33 U.S.C. 1317).
(37) Treatment Plant Effluent. Any discharge of pollutants from the POTW into waters of the State,
(38) 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.
(39) Wastewater Treatment Plant or Treatment Plant. That portion of the POTW designed to provide treatment of sewage and industrial waste.
In addition to the definitions provided herein, “shall” is mandatory and “may” is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
(Ord. 775. Passed 7-15-98.)