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§ 12.5-600 DEFINITIONS.
   Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article and in any wastewater discharge permit issued pursuant to this article shall have the meanings hereinafter designated.
   ACT. The Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 U.S.C. §§ 1251 et seq.).
   BTEX. The sum of the concentrations of benzene, toluene, xylene and ethyl benzene.
   DIRECTOR. The director of the department of water or the director’s authorized representative. When used in the context of inspections and enforcement actions, the term also means the DIRECTOR of the department of environmental management or the director’s authorized representative.
   DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.
   INDIRECT DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.
   INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. 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.
   MAY. Permissive or discretionary.
   SHALL. Mandatory.
   TOTAL TOXIC ORGANICS (TTOs). The specific list for each categorical industry of the sum of the masses or concentration of the toxic organic compounds listed in 40 C.F.R. 122 Appendix D, Table II, excluding pesticides, found in industrial users’ discharge at a concentration greater than 0.01 mg/l. Only those parameters reasonably suspected to be present, if any, shall be analyzed for non-categorical industries. TTOs are specific to each particular federal category.
   UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations 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. An affirmative defense to UPSET applies only in causes of action brought in federal court pursuant to § 12.5-677.1 of this code.
   USER. A person is a source of an indirect discharge.
   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.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 4, passed 3-25-2003; Ord. 20043-01-2012, § 2, passed 1-10-2012)