(a) Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in these Rules and Regulations, shall have the meanings hereinafter designated:
(1) “Abnormal Industrial Waste” means any industrial waste having a suspended solid content or a five-day biochemical oxygen demand (BOD5) appreciably in excess of that normally found in municipal sewage. For the purposes of these Regulations, any industrial waste containing more than 300 milligrams per liter of suspended solids, or having a BOD5 in excess of 300 milligrams per liter, shall be considered an abnormal industrial waste, regardless of whether or not it contains other substances in concentrations differing appreciably from those normally found in municipal sewage.
(2) “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(3) “Approval Authority”. The State of West Virginia's pretreatment program has been approved, and the Director of the West Virginia DEP shall be recognized as the Approval Authority.
(4) “Authorized Representative of Industrial User” means an authorized representative of an industrial user who may be:
A. A principal executive of ficer of at least the level of vice-president, if the Industrial User is a corporation;
B. A general partner or proprietor if the Industrial User is a partnership or proprietorship, respectively;
C. A duly authorized representative of the individual designated above if the authorization is in writing by the individual described in A. or B., and this authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates or overall responsibility for environmental matters for the company, and the written authorization is submitted to the Approval Authority. In any case, the Authorized Representative must have signature authority. (Ord. 02-16. Passed 5-16-02.)
(4.1) "Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. (Ord. 10-23. Passed 9-14-10.)
(5) “Biochemical Oxygen Demand (BOD)” means the quantity of oxygen required for the biological and chemical oxidation of waterborne substances under standard laboratory procedure in five (5) days at 20 degrees Centigrade expressed in terms of weight and volume (milligrams per liter [mg/L]). It shall be determined by one of the acceptable methods described in the current edition of "Standard Methods for the Examination of Water and Wastewater."
(6) “Categorical Standards” means National Categorical Pretreatment Standards or Pretreatment Standard.
(7) “City” means the City of Clarksburg, West Virginia, a body corporate and politic, organized and existing under the laws of the State of West Virginia.
(8) “Combined Sewer” means a sewer designated to receive both sanitary sewage and stormwater runoff, which has been approved for such purposes.
(9) “Cooling Water (Noncontact Cooling Water)” means the water used for any air conditioning, cooling, or refrigeration purposes which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
(10) “Council” means the elected members of the City Council of the City of Clarksburg, West Virginia and its duly authorized agents or representatives.
(11) “Current Edition” means the latest edition of the "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association and current at the time the determination of any analysis required is to be made.
(12) “Department of Environmental Protection (DEP)” means the West Virginia Department of Environmental Protection, or where appropriate, the term may also be used as a designation for the Director or other duly authorized official of said agency.
(13) “Direct Discharge” means the discharge of treated or untreated wastewater directly to the waters of the State of West Virginia.
(14) “Environmental Protection Agency (EPA)” means 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 said agency.
(15) “Expansion” means an increase in hydraulic capacity.
(16) “Federal Categorical Pretreatment Standard or Federal Pretreatment Standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to industrial users. This term includes national prohibitive discharge limits established pursuant to Section 403.5 of the General Pretreatment Regulations (40 CFR, Part 403) and Pretreatment Standards for specific industrial categories (e.g., 40 CFR Chapter I, Subpart N, Parts 405-471).
(17) “Garbage” means solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
(18) “Grab Sample” means a sample which is taken from a waste stream on a one-time basis (not to exceed 15 minutes) without regard to the flow in the waste stream and without consideration of time.
(19) “Holding Tank Waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(20) “Indirect Discharge” means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C.1317), into the POTW (including holding tank waste discharge into the system).
(21) “Industrial User” means a source of Indirect Discharge which does not constitute a “discharge of pollutants” under regulations issued pursuant to Section 402, of the Act. (33 U.S.C. 1342).
(22) “Industrial Waste Permit” means a discharge permit issued by the Approval Authority pursuant to the requirements of Section 937.04 of these Rules and Regulations.
(23) “Industrial Wastes” means any liquid, gaseous, or waterborne waste from industrial processes or commercial establishments as distinct from sanitary sewage.
(24) “Interference” means any discharge which alone or in conjunction with a discharge or discharges from other sources both:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
B. Therefore 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) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations 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 more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including 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. (Ord. 02-16. Passed 5-16-02.)
(24.1) "Local Limit." Specific discharge limits developed and enforced by [the Sanitary Board] upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(24.2) "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.
(24.3) "Monthly Average." The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. (Ord. 10-23. Passed 9-14-10.)
(25) “National Pollution Discharge Elimination System (NPDES) Permit” means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). (Ord. 02-16. Passed 5-16-02.)
(26) "National Prohibited Discharge Standard or Prohibited Discharge Standard" means any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.
(Ord. 10-23. Passed 9-14-10.)
(27) “New Source” means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, and construction of which is 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; or
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 activity as the existing source should be considered.
Construction on a site at which an existing source is located results in modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraphs A., B., or C. of this sub-subsection [937.02(a)(27)] but otherwise alters, replaces, or adds to an existing process or production equipment. Construction of a new source as defined under this section has commenced if the owner or operator has:
D. 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, grubbing, 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
E. 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.
(Ord. 02-16. Passed 5-16-02.)
(27.1) "Noncontact Cooling Water." Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
(Ord. 10-23. Passed 9-14-10.)
(28) “Occupied Building” means any structure erected and intended for continuous or periodic habitation, occupancy, or use by human beings or animals, and from which structure sanitary sewage and industrial wastes, or either thereof, is or may be discharged.
(29) “Owner” means the person, firm, corporation, or association having an interest as owner, or a person, firm, corporation or association representing itself to be the owner, whether legal or equitable, sole or only partial, in any premises which is, or is about to be furnished sewage service by the Approval Authority, and the word "Owners" means all so interested.
(30) “Pass Through” means a discharge which exits from a POTW into navigable waters of the United States 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).
(31) “Person” means 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. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
(32) “pH” means the logarithm to the base 10 of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the acceptable methods described in the Current Edition of "Standard Methods for the Examination of Water and Wastewater."
(33) “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
(34) “Pollution” means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
(35) “POTW Treatment Plant” means the portion of the POTW designed to provide treatment to wastewater.
(36) “Premises” means the property or area including the improvements thereon, to which sewage service is or will be furnished, and as used herein shall be taken to designate:
A. A building under one roof, owned or leased by one customer, and occupied as a place of business or for manufacturing or industrial purposes, or
B. A group or combination of buildings owned by one customer, in one common enclosure, occupied by one organization, corporation or firm as a place of business or for manufacturing or industrial purposes.
(37) “Pretreatment or Treatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes; or process changes and other means, except as prohibited by 40 CFR Section 403.6(d).
(38) “Pretreatment Requirements” means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an industrial user by the federal, state, or local pretreatment authorities.
(39) “Pretreatment Standard” means prohibited discharge standards, categorical pretreatment standards, and local limits.
(40) “Properly Shredded Garbage” means the wastes from the preparation, cooking and dispensing of food and from the handling, storage, and sale of produce that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
(41) “Publicly Owned Treatment Works (POTW)” means all separate sanitary sewers, all combined sewers, all sewage pumping stations, all sewage treatment works, and all other sewerage facilities owned and operated by the City for the collection, transportation, and treatment of sanitary sewage and industrial wastes, together with their appurtenances, and any additions, extensions, or improvements thereto that may be made by the City. It does not include separate storm sewers or culverts which have been constructed for the sole purpose of carrying storm and surface runoff, the discharge from which is not and does not become tributary to the City's sewage treatment facilities.
(42) “Sanitary Board” means a board consisting of members appointed by Council pursuant to Section 23 of the Charter of the City of Clarksburg that has the powers and performs the duties prescribed by general law with respect to the City's sewage collection system and sewage treatment plant. Specifically, the Sanitary Board shall have the authority and responsibility to oversee and enforce the Rules and Regulations adopted by this article.
(43) “Sanitary Sewage” means the normal water-carried household and toilet wastes from residences, business buildings, institutions, industries, and commercial establishments, exclusive of storm water runoff, surface water, groundwater and industrial wastes.
(44) “Sanitary Sewer” means a sewer intended to carry only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, industrial plants, and institutions and to which storm, surface and ground waters are not intentionally admitted.
(Ord. 02-16. Passed 5-16-02.)
(44.1) "Septic Tank Waste." Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
(Ord. 10-23. Passed 9-14-10.)
(45) “Sewage” means a combination of water-carried wastes from residences, business buildings, institutions, and industrial and commercial establishments, together with such ground, surface or storm water as may be present.
(46) “Sewer” means a pipe or conduit for carrying sewage or other waste liquids.
(47) “Shall” is mandatory; “May” is permissive.
(48) “Significant Industrial User” means any Industrial User who:
A. Is subject to any Federal Categorical Pretreatment Standards under 40 CFR Section 403.6 and 40 CFR Chapter I, Subchapter N; or
B. Discharges an average flow of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blow down wastewater); or
C. Contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
D. Is designated as such by the Approval Authority, the EPA, or the West Virginia DEP 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.
(49) “Slug Load” or “Slug” means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 937.03.
(50) “Standard Industrial Classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
(51) “State” means the State of West Virginia
(52) “Storm Sewer” means a sewer which is intended to carry storm water runoff, surface waters, groundwater drainage, etc., but which is not intended to carry any sanitary sewage or industrial waste.
(53) “Storm water” means any flow occurring during or following any form of natural precipitation and resulting therefrom.
(54) “Storm water Runoff” means that portion of the rainfall which reaches a drain.
(55) “Superintendent” means the person or his duly authorized representative designated by the Council or Sanitary Board to supervise the administration and operation of the City of Clarksburg's Pretreatment Program and is charged with certain duties and responsibilities by this article.
(56) “Suspended Solids” means solids that either float on the surface or are in suspension in water, sewage, industrial waste, or other liquids and which are removable by laboratory filtration. The quantity of suspended solids shall be determined by one of the acceptable methods described in the current edition of "Standard Methods for the Examination of Water and Wastewater."
(57) “Toxic Pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act 307(a) or other Acts.
(58) “Township” means any political subdivision of Harrison County and the State of West Virginia. This shall include Municipalities, Public Service Districts and any other body contributing wastewater to the Clarksburg sewer system.
(59) “Treatment Works” means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement Section 201 of Public Law 92-500, 33 U.S.C., or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extension improvement, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear water facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residuals resulting from each treatment; or any other method or system for preventing, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems.
(60) “Unpolluted Water or Waste” means any water or waste containing none of the following: free or emulsified grease or oil; acid or alkali; phenols or other substances imparting taste and odor to receiving waters; toxic or poisonous substances in suspension, colloidal state, or solution; obnoxious or odorous gases. It shall contain not more than 1,000 milligrams per liter by weight of dissolved solids of which not more than 250 milligrams per liter shall be as chloride, and not more than 10 milligrams per liter each of suspended solids and BOD5. The color shall not exceed 50 platinum-cobalt color units. Analyses for any of the abovementioned substances shall be made in accordance with the Current Edition of "Standard Methods for the Examination of Water and Wastewater."
(61) “Upgrading” means an increase in the level of treatment provided to improve the quality of the effluent water.
(62) “Upset” means any exceptional incident in which there is unintentional and temporary noncompliance with Federal Categorical Pretreatment Standards adopted pursuant to these Rules and Regulations because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
(63) “User” means any person who contributes, causes, or permits the contribution of wastewater into the City's POTW.
(64) “Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is contributed to or permitted to enter the POTW.
(65) “Watercourse” means any channel in which a flow of water occurs, either continuously or intermittently.
(66) “Waters of the State” means all streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, 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.
(b) Abbreviations. The following abbreviations shall have these designated meanings:
BOD | Biochemical Oxygen Demand |
CFR | Code of Federal Requirements |
COD | Chemical Oxygen Demand |
DEP | Department of Environmental Protection |
EPA | Environmental Protection Agency |
L | Liter |
mg | Milligrams |
mg/L | Milligrams Per Liter |
NPDES | National Pollutant Discharge Elimination System |
POTW | Publicly Owned Treatment Works |
SIC | Standard Industrial Classification |
SWDA | Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq. |
USC | United States Code |
TSS | Total Suspended Solids |
(Ord. 02-16. Passed 5-16-02.)