Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated.
ACT or THE ACT
means the Federal Water Pollution Control Act, Pub. L. No. 92-500, as now or hereafter amended, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY
means the State of South Carolina, Department of Health and Environmental Control. (DHEC)
ADMINISTRATOR
means the Water and Sewer Administrator of this city or his duly appointed deputy, agent or representative.
AUTHORIZED REPRESENTATIVE OF THE USER.
(1) If the user is a corporation:
(a) 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; or
(b) The manager of one (1) or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other 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 individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a federal, state, or local governmental facility: 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 in paragraphs 1 through 3, 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.
BEST MANAGEMENT PRACTICES
or
BMPs
mean schedules of activities, prohibitions or practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 4-6-5.
BMPs
include treatment requirements, operating procedures, and practices to control plant site runoff, spillage, leaks or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND
or
BOD
means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 degrees Celsius expressed in terms of concentration (e.g., milligrams per liter) and/or weight (pounds).
CATEGORICAL PRETREATMENT STANDARD
or
CATEGORICAL STANDARD
means 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 apply to a specific category of users and which appear in 40 C.F.R. Ch. I, Subch. N, pts. 405-471.
CITY
means the City of Dillon, South Carolina.
COMPATIBLE POLLUTANT
means BOD, suspended solids, pH and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in this city’s NPDES permit for its wastewater treatment works where said works have been designed and used to reduce or remove such pollutants.
CONTROL AUTHORITY
means the City of Dillon.
COOLING WATER
means the water discharged from any use such as air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat.
DOMESTIC WASTES
means liquid wastes (a) from non-commercial preparation cooking and handling of food; or (b) containing human excrement and similar matter from the sanitary conveniences of dwelling, commercial buildings, industrial facilities, and institutions.
ENVIRONMENTAL PROTECTION AGENCY
or
EPA
means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
EXISTING SOURCE
means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.
EQUALIZATION
means a process whereby varying (non-uniform) wastewater discharge flows are balanced off into a uniform wastewater discharge flow.
GARBAGE
means solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food.
GRAB SAMPLE
means a sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
INCOMPATIBLE POLLUTANT
means any pollutant which is not a “compatible pollutant” as defined in this section.
INDIRECT DISCHARGE
or
DISCHARGE
means the introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c), or (d) of the Act.
INDUSTRIAL WASTEWATER
means the liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
means the maximum concentration 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
means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City of Dillon’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 any more stringent state or local regulations: § 405 of the Act; the Solid Waste Disposal Act, 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 Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
MEDICAL WASTE
means 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.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
or
PRETREATMENT STANDARD
(See Categorical Pretreatment Standard or Categorical Standard).
NEW SOURCE
means 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) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.
NEW SOURCE
applies to the following:
(1) Any building, structure, facility, or installation which is constructed at a site where no other source is located.
(2) Any building, structure, facility, or installation which totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.
(3) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site.
(4) Construction on a site at which an existing source is located which does not create a new building, structure, facility, or installation meeting the criteria of subparagraphs (19)(b) or (19)(c) but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a
NEW SOURCE
as defined under this paragraph commenced if the owner or operator has:
(1) Begun, or caused to begin, as part of a continuous onsite 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
(2) 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.
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
means a pollutant which exits the POTW into waters of the State of South Carolina 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 NPDES permit,(including an increase in the magnitude or duration of a violation).
PERSON
means 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, and local governmental entities.
pH
means a measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT
means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
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.
PRETREATMENT REQUIREMENTS
means any substantive or procedural requirement related to pretreatment imposed on a user, other than pretreatment standard.
PRETREATMENT STANDARDS
or
STANDARDS
Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS
or
PROHIBITED DISCHARGES
means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2 of this ordinance.
PUBLICLY OWNED TREATMENT WORKS
or
POTW
means a “treatment works,” as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the City of Dillon. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
SEPTIC TANK WASTE
means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE
shall mean a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
SIGNIFICANT INDUSTRIAL USER
means any user subject to categorical pretreatment standards or any user whose flow equals or exceeds (a) twenty-five thousand (25,000) gallons per day: or (b) five percent (5%) of the average dry weather hydraulic or organic capacity of the treatment system; or (c) is designated as such by the city on the basis that the industrial user has a reasonable potential for adversely affecting the city’s wastewater system operation or for violating any pretreatment requirements or pretreatment standards.
The city may determine, on its own initiative or in response to a petition received from an industrial user, that an industrial user meeting the criteria of subparagraph (b) or (c) has no reasonable potential for adversely affecting the city’s wastewater system operation or for violating any Pretreatment Requirements or Pretreatment Standards, and that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE
means an industrial user’s violation meets one (1) or more of the following:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits;
(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the numeric Pretreatment Standard or Requirement, including Instantaneous Limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oil, and grease; and 1.2 for all other pollutants except pH);
(c) Any other violation of a Pretreatment Standard or Requirement (daily maximum, long-term average, Instantaneous Limit or narrative standard) that the city determines has caused, along or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW’s exercise of its authority under Section 3 of this chapter to halt or prevent such a discharge;
(e) Failure to meet within thirty (30) days after the schedule date, a compliance schedule milestone contained in written notification for starting construction, completing construction or attaining final compliance;
(f) Failure to provide, within forty-five (45) days after the due date, required reports;
(g) Failure to accurately report noncompliance;
(h) Any other violation or group of violations, which may include a violation of the Best Management Practices, which the city determines will adversely affect the operation or implementation of the industrial pretreatment program.
SLUG LOAD
or
SLUG
shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds, for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration occurring during normal operation. Also, could cause a violation of the prohibited discharge standards in Section 2.1 of this ordinance.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STORM WATER
means any flow occurring during or immediately following any form of natural precipitation, and resulting from such precipitation, including snow melt.
SUPERINTENDENT
means the person designated by the city to supervise the operation of any POTW owned by the city and who is charged with certain duties and responsibilities by this ordinance, or a duly authorized representative.
SUSPENDED SOLIDS
shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids which are removable by laboratory filtering and is further defined in standard methods.
USER
or
INDUSTRIAL USER
means any person who discharges, causes or permits the discharge of wastewater(s) into the city’s wastewater treatment system either directly or indirectly through wastewater system of others.
WASTEWATER
means the liquid and water-carried industrial or domestic wastes from residential 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 discharged into or permitted to enter the city’s treatment works.
WASTEWATER TREATMENT PLANT
or
TREATMENT PLANT
means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
UNPOLLUTED WATER
is water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.
USER CLASSIFICATION
means a classification of user based on the 1972 (or subsequent) edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.
WASTEWATER TREATMENT SYSTEM
means any devices, facilities, structures, equipment or works owned or used by the city for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well 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 residues resulting from such treatment.
(Ord. CM-93-34, passed 12-13-1993; Am. Ord. 14-12, passed 12-8-2014)