A. Abbreviations: The following abbreviations, when used in this chapter, shall have the designated meanings:
BOD | - | Biochemical Oxygen Demand |
BMPs | - | Best Management Practices |
CFR | - | Code of Federal Regulations |
CIU | - | Categorical Industrial User |
COD | - | Chemical Oxygen Demand |
EPA | - | U.S. Environmental Protection Agency |
gpd | - | gallons per day |
IU | - | Industrial User |
mg/l | - | milligrams per liter |
MPDES | - | Montana Pollutant Discharge Elimination System |
POTW | - | Publicly Owned Treatment Works |
SIU | - | Significant Industrial User |
TSS | - | Total Suspended Solids |
U.S.C. | - | United States Code |
B. Definitions:
ACT OR "THE ACT": | The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq. |
AUTHORIZED REPRESENTATIVE OF THE IU: | An "authorized or duly authorized representative" of an IU may be: A. If the IU is a corporation: 1. 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 corporations; or 2. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. |
B. If the IU is a partnership or sole proprietorship: a general partner or proprietor, respectively. C. If the IU 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 governmental facility, or their designee. D. The individuals described in subparagraphs A through C of this paragraph, 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: | Schedules of activities, prohibition of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR Part 403.5(a)(1) and (b) and subsection D of Ordinance 9-5-18. BMPs also 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 or sector control programs to control pollutants from certain non-domestic sectors. |
BIOCHEMICAL OXYGEN DEMAND OR BOD: | The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees (20 ) centigrade, usually expressed as a concentration (e.g., mg/l). |
BUILDING SEWERS: | That part of the horizontal piping of the drainage system which extends from four feet (4') outside the building and which receives the discharge from the building sanitary sewage drainage and conveys it to the public sewer. |
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: | Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of IUs and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. |
CATEGORICAL INDUSTRIAL USER OR CIU: | Any IUs subject to a Categorical Pretreatment Standard or categorical standard. |
CHEMICAL OXYGEN DEMAND OR COD: | A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. |
CONTROL AUTHORITY: | The term refers to the: A. The POTW if the POTW's Pretreatment program has been submitted and approved in accordance with the requirements of section 403.11; or B. The EPA if the POTW's Pretreatment program has not been approved. |
ENVIRONMENTAL PROTECTION AGENCY OR EPA: | The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency. |
INDIRECT DISCHARGE OR DISCHARGE: | The introduction of any pollutant into the POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act. |
INDUSTRIAL USER OR IU: | A source of indirect discharge. |
INTERFERENCE: | A 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 the City of Three Forks MPDES 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 any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 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. |
LOCAL LIMIT: | Specific discharge limits developed and enforced by the POTW upon industrial or commercial facilities (IUs) to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) and subsection D of Ordinance 9-5-18. |
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. |
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. |
PASS THROUGH: | 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 of Three Forks MPDES permit, including an increase in the magnitude or duration of a violation. |
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 governmental entities. |
pH: | A measure of the acidity or alkalinity of a solution, expressed in standard units. |
POLLUTANT: | 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, flow, 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, a discharge of 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: | Any substantive or procedural requirement related to pretreatment imposed on an IU, other than a Pretreatment Standard. |
PRETREATMENT STANDARDS OR STANDARDS: | Pretreatment Standards shall mean Prohibited Discharge Standards, Categorical Pretreatment Standards, and Local Limits, including BMPs. |
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: | Absolute prohibitions against the discharge of certain pollutants; these prohibitions appear in subsection D of Ordinance 9-5-18. |
PUBLIC SEWERS: | The sewers constructed in streets, alleys, roadways, and easements, and are the sewers to which the building sewers connect. All public sewers are under the control of the City of Three Forks. |
PUBLICLY OWNED TREATMENT WORKS OR POTW: | A treatment works as defined by section 212 of the Act (33 U.S.C section 1292), which is owned by a State or municipality (as defined by section 502(4) of the Act). This definition includes any devices and systems used in the 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 a POTW Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works. |
POTW TREATMENT PLANT: | That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste. |
SANITARY SEWERS: | Pipes which carry sewage from building sewers, but exclude storm, surface or ground water runoff. The City Engineer, Water/Wastewater Operator and other duly authorized personnel shall be permitted to enter upon all properties having connection to the public sewers for the purpose of inspecting, observation, measurement, sampling, or testing, in accordance with the provisions of this Chapter. |
SEPTIC TANK WASTE: | Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. |
SEWAGE: | Human excrement and gray water (as from showers, dishwashing operations, sinks, bathes, or washing machines). |
SIGNIFICANT INDUSTRIAL USER OR SIU: | All IUs subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and A. Any other IU that: 1. Discharges an average of twenty five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, Noncontact Cooling Water and boiler blowdown wastewater); 2. 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 3. Is designated as such by the Control Authority on the basis that the IU has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement (in accordance with 40 CFR 403.8(f)(6)). |
SLUG LOAD OR SLUG DISCHARGE: | Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in subsection D of Ordinance 9-5-18. 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 pretreatment requirements. |
STORM WATER: | Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. |
TOTAL SUSPENDED SOLIDS, SUSPENDED SOLIDS OR TSS: | The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering. |
WASTEWATER: | Liquid and water-carried pollutants from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. (Ord. 196, 9-9-1980; amd. 2000 Code; Ord. 395-2022, 6-14-2022) |