Unless the context specifically indicates otherwise, the following terms, abbreviations, and phrases, as used in this chapter, shall have the meanings hereinafter designated:
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. The Director of the Division of Water Quality of the North Carolina Department of Environment and Natural Resources or his or her designee.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
.
(1) If the industrial user is a corporation, authorized representative shall mean:
(a) The president, secretary, 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, or
(b) The manager of one or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the industrial user is a partnership or sole proprietorship, an authorized representative shall mean a general partner or the proprietor, respectively.
(3) If the industrial user is a federal, state, or local government facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described 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 matters for the company, and the written authorization is submitted to the city.
(5) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the POTW Director prior to or together with any reports to be signed by an authorized representative.
BIOCHEMICAL OXYGEN DEMAND (BOD)
. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration (e.g., mg/l).
BUILDING SEWER
. A sewer conveying wastewater from the premises of a user to the POTW.
BYPASS
. The intentional diversion of wastestreams from any portion of a user's treatment facility.
CATEGORICAL STANDARDS
. National Categorical Pretreatment Standards or Pretreatment Standard.
CFR
. Code of Federal Regulations.
CITY. The City of Asheboro, a North Carolina municipal corporation.
COD. Chemical Oxygen Demand.
CONTROL AUTHORITY. Refers to the POTW organization if the POTW organization's pretreatment program has not been withdrawn.
DIVISION. The Division of Water Quality of the North Carolina Department of Environment and Natural Resources.
ENVIRONMENTAL PROTECTION AGENCY
, or
EPA
. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of the agency.
FATS, OILS
, and
GREASES
. Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, and as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."
FOOD PREPARATION
or
SERVING FACILITY
. Any commercial or industrial facility that prepares or serves food or food products, including but not limited to restaurants, cafes, snack bars, grills, delis, catering services, bakeries, grocery stores, meat markets, food processors, or other similar establishments.
gpd. Gallons per day.
GRAB SAMPLE
. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
GREASE TRAP
or
INTERCEPTOR
. A device constructed in accordance with the plumbing code and operated by a user of the municipal wastewater system for separating and retaining water borne greases and grease complexes prior to the wastewater exiting the interceptor and entering the municipal wastewater system. These devices also serve to collect settable solids generated by and from preparation activities prior to the water exiting the interceptor and entering the municipal wastewater system. The traps and interceptors are sometimes referred to herein as "grease interceptors."
G.S. North Carolina General Statutes.
HOLDING TANK WASTE
. Any waste from holding tanks, included but not limited to such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
INDIRECT DISCHARGE
or
DISCHARGE
. The discharge or the introduction from any nondomestic source regulated under § 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER
or
USER
. Any person which is a source of indirect discharge.
INTERFERENCE. The inhibition or disruption of the POTW collection system, treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the POTW's NPDES, collection system, or Non-discharge Permit or prevents sewage sludge use or disposal in compliance with specified applicable state and federal statutes, regulations, or permits. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (42 U.S.C. § 6901, et seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
l. Liter.
MEDICAL WASTE
. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
mg. Milligrams.
mg/l. Milligrams per liter.
MINIMUM DESIGN CAPACITY
. The design features of a grease interceptor and its ability to effectively intercept and retain greases from grease-laden wastewaters discharged to the municipal wastewater system.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
or
CATEGORICAL STANDARD
. Any regulation containing pollutant discharge limits promulgated by 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 appears in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342), or pursuant to G.S. § 143-215.1 by the state under delegation from EPA.
NATIONAL PROHIBITIVE DISCHARGE STANDARD
or
PROHIBITIVE DISCHARGE STANDARD
. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 52.05 and are developed under the authority of § 307(b) of the Act and 40 CFR 403.5.
NEW SOURCE. As defined in 40 CFR 403.3(m), including subsequent amendments and additions.
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.
NON-DISCHARGE PERMIT. A permit issued by the state pursuant to G.S. § 143-215.1 for a waste which is not discharged directly to surface waters of the state or for a wastewater treatment works which does not discharge directly to surface waters of the state.
O & M
. Operation and Maintenance.
PASS THROUGH. A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase
in the magnitude or duration of a violation of the POTW's NPDES, collection system, or non-discharge permit or a downstream water quality standard even if not included in the permit.
PERSON
. Any individual, partnership, co-partnership, 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, and local government entities.
pH
. A measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT. Any "waste" as defined in G.S. § 143-213(18) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, metals, BOD, COD, toxicity, and odor.)
POTW DIRECTOR. The city administrator designated with the responsibility for the pretreatment program and enforcement of this chapter. The city has designated the Water Resources Director as the Administrator with this responsibility.
POTW TREATMENT PLANT. The portion of the POTW designed to provide treatment to wastewater.
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 discharging or otherwise introducing such pollutants into a POTW collection system and/or treatment plant. The reduction or alteration may be obtained by physical, chemical, or biological processes, or process changes or other means, except as prohibited by 40 CFR Part 403.6(d).
PRETREATMENT PROGRAM. The program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by the city in compliance with 40 CFR 403.8 and approved by the
approval authority as authorized by G.S. § 143-215.3(a)(14) in accordance with 40 CFR 403.11.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard.
PRETREATMENT STANDARD. Any prohibited discharge standard, categorical standard, or local limit which applies to an industrial user.
PUBLICLY OWNED TREATMENT WORKS (POTW)
or
MUNICIPAL WASTEWATER SYSTEM
. A treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to the POTW treatment plant. For purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, or in any other way, users of the city's POTW.
RCRA
. Resource Conservation and Recovery Act.
SEVERE PROPERTY DAMAGE
. Substantial physical damage to property, damage to the user's treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
SIC. Standard Industrial Classification.
SIGNIFICANT INDUSTRIAL USER or SIU. An industrial user that discharges wastewater into a publicly owned treatment works and that:
(1) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or
(2) Contributes process wastewater which makes up 5% or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS, and ammonia; or
(3) Is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and 40 CFR chapter I, subchapter N, Parts 405-471; or
(4) Is designated as such by the control authority 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, or for contributing to violations of the POTW's effluent limitations and conditions in its NPDES or non-discharge permit, or for contributing to violations of the POTW's receiving stream standard, or for limiting the POTW's sludge disposal options.
(5) Subject to Division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in paragraphs (1) and (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or for contributing to violations of the POTW's effluent limitations and conditions in its NPDES or non-discharge permit, or for contributing to violations of the POTW's receiving stream standard, or for limiting the POTW's sludge disposal options, and thus is not a significant industrial user.
(6) Subject to Division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in paragraph (3) above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical industrial user.
(7) Subject to Division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in paragraph (3) above meets the requirements of 40 CFR Part 403.12(e)(3) and thus is a middle tier significant industrial user. Sampling and inspection requirements may be cut in half as per 40 CFR Parts 403.8(f)(2)(v)(C) and 403.12(e)(3).
SIGNIFICANT NONCOMPLIANCE or SNC. The status of noncompliance of a significant industrial user when one or more of the following criteria are met. Additionally, any industrial user which meets the criteria in subparagraph 3, 4, or 8 shall also be in SNC.
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter (not including flow) during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR Part 403.3(l).
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all 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 Part 403.3(l), multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, 1.2 for all other pollutants (except flow and pH).
(3) Any other violation of a pretreatment standard or requirement as defined by 40 CFR Part 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority 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).
(4) Any discharge of a pollutant or wastewater that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the control authority's exercise of its emergency authority under 40 CFR Part 403.8(f)(1)(vi)(B) and § 52.50(E) of this chapter to halt or prevent such a discharge.
(5) Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.
(6) Failure to provide reports for compliance schedule progress, self-monitoring data, baseline monitoring reports, 90-day compliance reports, and any other compliance reports within 30 days from the due date.
(7) Failure to accurately report noncompliance.
(8) Any other violation or group of violations that the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD or DISCHARGE. Any discharge at a flow rate or concentration which has a reasonable potential to cause interference or pass-through, or in any other way violates the POTW’s regulations, local limits, or Industrial User Permit conditions. This can include but is not limited to spills and other accidental discharges; discharges of a non-routine, episodic nature; a non-customary batch discharge; or any other discharges that can cause a violation of the prohibited discharge standards in § 52.05.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.
SWDA. Solid Waste Disposal Act.
THIS CHAPTER. Chapter 52 of the Code of Asheboro.
TKN. Total Kjeldahl Nitrogen.
TSS. Total Suspended Solids.
U.S.C. United States Code.
UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities, and institutions, together with any groundwater, surface water, and storm water
that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.
WATERS OF THE STATE. All streams, rivers, brooks, swamps, sounds, tidal estuaries, bays, creeks, lakes, waterways, reservoirs, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
(Ord. 5-03, passed 5-15-03; Am. Ord. 10 ORD 02-08, passed 2-7-08; Am. Ord. 31 ORD 12-12, passed 12-6-12)