For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In this subchapter, SHALL is mandatory; 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.
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.
APPROVAL AUTHORITY. A NPDES state with an approved state pretreatment program; otherwise, the appropriate regional administrator of the United States EPA, or his or her designee.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the United States EPA in accordance with §§ 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users and which appear in 40 C.F.R. Chapter 1, Subchapter N, pts. 405-171.
COLOR. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.
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.
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 that 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 that source if the standard is thereafter promulgated in accordance with § 307 of the Act.
GRAB SAMPLE. A sample which is then taken from a waste stream on a onetime basis without regard to the flow in the waste stream and without consideration of time.
INDIRECT DISCHARGE or DISCHARGE. The introduction of (nondomestic) pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.
INDUSTRIAL USER or USER. A source of indirect discharge.
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:
(1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
(2) Therefore is a cause of a violation of the town’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):
(a) Section 405 of the Clean Water Act, being 33 U.S.C. § 1345;
(b) The Solid Waste Disposal Act (SWDA), being 42 U.S.C. §§ 6901 et seq., including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA), being 42 U.S.C. §§ 6901 et seq.;
(c) Any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, being 42 U.S.C. §§ 6901 et seq.;
(d) The Clean Air Act., being 42 U.S.C. §§ 7401 et seq.;
(e) The Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq.; and
(f) The Marine Protection, Research and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NEW SOURCE.
(1) 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 § 307(c) of the Act which will be applicable to the source if the 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 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.
(2) 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 divisions (1)(a), (1)(b) or (1)(c) above but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE as defined under this definition has commenced if the owner or operator has:
(a) 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.
(b) 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 which does not come into direct contact with any raw material intermediate product, waste product or finished product.
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 discharge from other sources, is a cause of a violation of any requirement of the town’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 or local governmental entities.
pH. A measure of the acidity or alkalinity of a substance, expressed in standard units.
POLLUTANT. Any dredged spoil, solid waste, 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 or odor).
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on an industrial user other than a pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS. Prohibitive discharge standards, categorical pretreatment standards and local limits.
PRETREATMENT. The reduction of the amount of pollutants, the elimination of the pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing those 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.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 52.035.
PUBLICLY OWNED TREATMENT WORKS or POTW. A TREATMENT WORKS. As defined by § 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 responsibility for the operation and maintenance of the treatment works.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations and the like).
SIGNIFICANT INDUSTRIAL USER. Shall apply to:
(1) Industrial users subject to categorical pretreatment standards; and
(2) Any other industrial user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater;
(b) Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
(c) Is designed as significant by the town 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.
SLUDGE LOAD. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 52.035 or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STORMWATER. Any flow occurring during or following any form or natural precipitation, and resulting therefrom, including snowmelt.
SUPERINTENDENT. The person designated by the town to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this subchapter, or that Superintendent’s duly authorized representative.
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.
TOWN. The Town of Andrews or the Town Council of Andrews.
TOXIC POLLUTANT. One of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of § 307 (33 U.S.C. § 1317) of the Act.
TREATMENT PLANT EFFLUENT. Any discharge of pollutants from the POTW into waters of the state.
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.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. The portion of the POTW designed to provide treatment of sewage and industrial waste.
(Ord. 2011-5, passed 3-14-2011)