(a) Purpose and Policy. This Article sets forth the uniform requirements for Users of the Publicly Owned Treatment Works for the City of Fairmont and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code (U.S.C.) section 1251 et seq.)and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations (CFR Part 403).
(b) Objectives. The objectives of this article are:
(1) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with the operation;
(2) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters or otherwise be incompatible with the Publicly Owned Treatment Works;
(3) To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(4) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
(5) To provide for equitable distribution of the cost of the wastewater system; and
(6) To enable the City to comply with its National Pollutant Discharge Elimination System Permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject.
(c) Applicability. This article shall apply to all Users of the Publicly Owned Treatment Works. This article authorizes the issuance of individual wastewater discharge permits, provides for monitoring and enforcement activities, establishes administrative review procedures, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
As hereinafter provided, this article shall apply to the City of Fairmont and to persons outside the City who are, by contract or agreement with the City, Users of the City's Publicly Owned Treatment Works.
(d) Administration. Except as otherwise provided herein, the Utility Manager for the City of Fairmont shall administer, implement and enforce the provision of this Article. Any powers granted to or duties imposed upon the Utility Manager may be delegated by the Utility Manager to a duly authorized City employee.
(e) Definitions.
(1) Abbreviations. The following abbreviations shall have the designated meanings:
"BOD" means biochemical oxygen demand.
"BMP" means best management practice
"BMR" means baseline monitoring report
"BOD5" means five (5) day BOD.
"CFR" means Code of Federal Regulations.
"CIU" means categorical Industrial user
"CO" means Compliance Order
"COD" means chemical oxygen demand.
"EPA" means Environmental Protection Agency.
"gpd" means gallons per day
"IU" means industrial user
"l" means liter.
"lbs/d" means pounds per day.
"mg" means milligram.
"mgd" means million gallons per day.
"mg/l" means milligrams per liter.
"NOV" means Notice of Violation
"NPDES" means National Pollution Discharge Elimination System.
"NSCIU" means non-significant categorical industrial user
"O & M" means operation and maintenance.
"POTW" means publicly owned treatment works.
"RCRA" means Resource Conversation and Recovery Act.
"SIC" means Standard Industrial Classification.
"SIU" means significant industrial user
"SNC" means significant noncompliance
"SWDA" means Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
"USC" means United States Code.
"TKN" means total Kjeldalhl Nitrogen.
"TSS" means total suspended solids.
(2) Terms and Phrases. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article shall have the meanings hereinafter designated:
A. "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended 33 U.S.C. Section 1251, et seq.
B. "Approval authority" means the State of West Virginia.
C. "Authorized or Duly Authorized Representative of the User" means:
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 or more manufacturing, production, or operating 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 initiate and direct 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 government 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 a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
D. "Biochemical oxygen demand" (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).
E. "Best Management Practices or BMP's" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 923.02(a)(1) and (2) (40 CFR 403.5(a)(1) and (b)). BMP's 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.
F. "Building sewer" means a sewer conveying wastewater from the premises of a user to the POTW.
G. "Categorical Pretreatment Standard or Categorical Standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to the specific category of Users that appears in 40 CFR Chapter, I, Subchapter N, Parts 405-471.
H. "City" means the City of Fairmont or the City Council of Fairmont or the Sanitary Board for the City of Fairmont.
I. "Chemical Oxygen Demand or COD" means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
J. “Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
K. "Compatible pollutant" means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the publicly owned treatment works' NPDES permit, where the publicly owned treatment works is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's NPDES permit..
L. "Control authority" means the City of Fairmont Sanitary Sewer Board or the City of Fairmont.
M. "Daily Maximum" means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
N. "Daily Maximum Limit" means the maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
O. "Direct discharge" means the discharge of treated or untreated wastewater directly to the waters of the State.
P. "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 such Agency.
Q. "Existing Source" means any source of discharge that is not a "New Source"
R. "Grab Sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
S. "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
T. "Incompatible pollutant" means all pollutants other than compatible pollutants as defined herein.
U. "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 discharged into the system.
V. "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).
W. "Instantaneous 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.
X. "Interference" means 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 City'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): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substance Control Act; and the Marine Protection, Research and Sanctuaries Act.
Y. "Local Limit" means specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
Z. "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.
AA. "Monthly Average" means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
BB. "Monthly Average Limit" means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
CC. "National categorical pretreatment standard" or "pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the DPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
DD. "National prohibitive discharge standard" or "prohibitive discharge standard" means any regulation developed under the authority of section 307(b) of the Act and 40 CFR, Section 403.5.
EE. "New source" means:
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 Section 307(b) 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 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 subsection (e)(2)EE.b. or c. hereof, but otherwise alters, replaces or adds to existing process or production equipment.
3. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin as part of a continuous onsite construction program:
i. Any placement, assembly or installation of facilities or equipment, or
ii 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
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 paragraph.
FF. "Noncontact cooling water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
GG. "Pass through" means 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 discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation)
HH. “National Pollution Discharge Elimination System or NPDES Permit” means a permit issued pursuant to Section 402 of the Act, (33 U.S.C. 1342)
II. "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. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
JJ. "pH" means logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
KK. "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
LL. "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
MM. "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 by other means, except as prohibited by 40 CFR Section 403.6(d).
NN. "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
OO. "Pretreatment standards" means prohibitive discharge standards, categorical pretreatment standards, and local limits.
PP. "Prohibited Discharge Standards or Prohibited Discharges" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 923.02(a).
QQ. "Publicly owned treatment works" (POTW) means a treatment works as defined by Section 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 collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes or liquid nature and any conveyances, which convey wastewater to the treatment plant
RR. "POTW treatment plant" means that portion of the POTW designed to provide treatment to wastewater.
SS. "Shall" is mandatory; "may" is permissive.
TT. "Septic Tank Waste" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
UU. "Sewage" means human excrement and gray water (household showers, dishwashing operations, etc.).
VV. “Significant Industrial User (SIU)”, except as provided in subsection (e)(2)VV.3. and 4. hereof, means:
1. An Industrial User subject to categorical Pretreatment Standards; or
2. An Industrial User that:
a. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
b. Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement.
3. The City may determine that an Industrial User subject to categorical Pretreatment Standards is a Non Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:
a. The Industrial User, prior to City's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;
b. The Industrial User annually submits the certification statement required in Section 923.06(n)(2) (see 40 CFR 403.12(q)), together with any additional information necessary to support the certification statement; and
c. The Industrial User never discharges any untreated concentrated wastewater.
4. Upon a finding that a User meeting the criteria in subsection (e)(2)VV.2. hereof of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement, the City may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
WW. "Slug Load or Slug Discharge" means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 923.02(a). A Slug Discharge is any Discharge of a non routine, episodic nature, including but not limited to an accidental spill or a non customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits or Permit conditions.
XX. "State" means the State of West Virginia.
YY. "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.
ZZ. "Storm water" means any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
AAA. "Utility Manager" means the duly appointed Utility Manager for the City of Fairmont, or other employee of the City of Fairmont to whom the Utility Manager has delegated the authority to supervise the operation of the Publicly Owned Treatment Works or the POTW treatment plant, and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
BBB. "Total Suspended Solids or Suspended solids" means 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.
CCC. "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency (EPA) under the provisions of CWA 307(a) or other acts.
DDD. "User or Industrial User" means a source of indirect discharge
EEE. "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.
FFF. "Water of the State" means all streams, lakes, ponds, marshes, watercourses, 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.
HHH. "Wastewater Treatment Plant of Treatment Plant” means that portion of the POTW which is designated to provide treatment of municipal sewage and industrial waste.
(Ord. 1509. Passed 11-23-10.)