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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)
The following abbreviations shall have the designated meanings:
BOD | Biochemical oxygen demand |
C.F.R. | Code of Federal Regulations |
COD | Chemical oxygen demand |
EPA | United States Environmental Protection Agency |
gpd | gallons per day |
l | liter |
mg | milligrams |
mg/l | milligrams per liter |
NPDES | National pollutant discharge elimination system |
O&M | Operation and maintenance |
POTW | Publicly Owned Treatment Works |
RCRA | Resource Conservation and Recovery Act |
SIC | Standard Industrial Classifications |
SWDA | Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.) |
TSS | Total suspended solids |
U.S.C. | United States Code |
(Ord. 2011-5, passed 3-14-2011)
SEWER USE REQUIREMENTS
(A) No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirement. Furthermore, no user may contribute the following substances to the POTW:
(1) Pollutants which create a fire or explosive hazard in the municipal wastewater collection and POTW, including but not limited to, wastestreams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 C.F.R. part 261.21;
(2) Any wastewater containing pollutants (BOD and the like) released in a discharge at a flow rate or/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the POTW; or any wastewater treatment or sludge process, or which will constitute a hazard to humans or animals;
(3) Any wastewater having a temperature greater than 140°F (60°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C);
(4) Petroleum oil, nonbiodegradable cutting oil or products of mineral oil or origin, in amounts that will cause interference or pass through;
(5) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(6) Any trucked or hauled pollutants, except at discharge points expressly designated in writing by the town;
(7) Any noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life or to prevent entry into the sewers for maintenance and repair;
(8) Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent thereby violating the town’s NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10% from the seasonably established norm for aquatic life;
(9) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Superintendent in compliance with applicable state or federal regulations;
(10) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent;
(11) Any sludges, screenings or other residues from the pretreatment of industrial wastes;
(12) Any medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit;
(13) Any wastewater causing the treatment plant’s effluent to fail a toxicity test; and
(14) Any wastes containing detergents, surface active agents or other substances which may cause excessive foaming in the POTW.
(B) Wastes prohibited by this section shall not be processed or stored in a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the user’s pretreatment facility before connecting with the POTW.
(C) New connections from stormwater inflow sources into the sanitary sewer portions of the town’s sewerage system are hereby prohibited. The Superintendent shall institute procedures to ensure that new sewers and connections to the sanitary sewers are properly designed and connected in that regard.
(D) The town reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives of this subchapter or the general and specific prohibitions in this subchapter.
(Ord. 2011-5, passed 3-14-2011)
The town reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 C.F.R. part 403.15. A user may also request a variance from the categorical pretreatment standard from EPA. This request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 C.F.R. part 403.13.
(Ord. 2011-5, passed 3-14-2011)
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ord. 2011-5, passed 3-14-2011)
(A) The Town Council shall have authority to require an owner of real property to disconnect and/or block off from the town’s sanitary system and/or combined sewerage, any and all downspouts, drains (including yard drains) and/or sewers, the flowage from which consists in whole or material part of stormwater.
(B) The Superintendent or other duly authorized representatives of the town, bearing proper credentials and identification shall be permitted to enter all properties at reasonable times for the purposes of inspection, observation, sampling and/or testing with regard to the implementation of, and compliance with, the provisions of this subchapter.
(Ord. 2011-5, passed 3-14-2011)
PRETREATMENT OF WASTEWATER
Users shall provide necessary wastewater treatment as required to comply with applicable authority and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 52.035 within the time limitations specified by the EPA, the state or the Superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the town shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the town for review, and shall be acceptable to the town before operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the town under the provisions of this chapter.
(Ord. 2011-5, passed 3-14-2011)
(A) Whenever deemed necessary, the Superintendent may require users to restrict their discharge peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and any other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this chapter.
(B) Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand; except that interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection. These interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner at owner’s expense.
(C) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(Ord. 2011-5, passed 3-14-2011)
PROVISIONS REGARDING INTAKE/DISCHARGE STANDARDS
Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is a wastewater plant user, either or both may be held responsible for compliance with the provisions of this chapter.
(Ord. 2011-5, passed 3-14-2011)
(A) Septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment plant area, under those terms as are established by the Superintendent, provided the wastes do not violate this chapter or any other requirements established or adopted by the town. Wastewater discharge permits for individual vehicles to use the facilities shall be issued by the Superintendent.
(B) The discharge of hauled industrial wastes as industrial septage requires prior approval and a wastewater discharge permit from the town. The Superintendent shall have authority to prohibit the disposal of the wastes, if the disposal would interfere with the treatment plant operation. Waste haulers are subject to all other sections of this chapter.
(C) Fees for dumping septage will be established as part of the Wastewater Department user fee system.
(Ord. 2011-5, passed 3-14-2011)
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in § 52.999.
(Ord. 2011-5, passed 3-14-2011) Penalty, see § 52.999
(A) The town may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the town’s pretreatment program which may include:
(1) Fees for wastewater discharge permit applications including the cost of processing the applications;
(2) Fees for monitoring, inspection and surveillances procedures including the cost of collection and analyzing an industrial user’s discharge, and reviewing monitoring reports submitted by industrial users;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
(4) Fees for filing appeals; and
(5) Other fees as the town may deem necessary to carry out the requirements contained herein.
(B) These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties chargeable by the town.
(Ord. 2011-5, passed 3-14-2011)
WASTEWATER RATES AND CHARGES
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