Unless the context specifically indicates otherwise,
the following terms and phrases, as used in these regulations, shall
have the meanings hereinafter designated:
ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.,
and the regulations promulgated thereunder, as amended from time to
time.
AUTHORIZED REPRESENTATIVE
An authorized representative of an industrial user is the
person identified in 40 CFR 403.12(1), including:
(1)
A principal executive officer of at least the
level of Vice President, if the user is a corporation;
(2)
A general partner or proprietor if the user
is a partnership or sole proprietorship, respectively;
(3)
A member of the governing board or executive
office of a governmental entity, if the user is a governmental facility;
or
(4)
A duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the indirect discharge originates,
or has overall responsibility for environmental matters for the user;
provided, however, that the authorization is made in writing by the
individual described above, and the written authorization is submitted
to the district.
AVAILABLE
A public sewer shall be considered "available" when the property
upon which a building is situated abuts a street, easement or right-of-way
in which a public sewer is located unless the connection to such public
sewer would require a lift station or individual pumping mechanism.
If the distance is more than 200 feet from the property line to the
nearest public sewer or if a valid cost estimate exceeds $5,000, application
may be made in writing, to the Town Administrator to declare the public
sewer "not available."
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter, under standard laboratory procedures in five days
at 20° C, expressed in terms of milligrams per liter (mg/l), in
the biochemical oxidation of organic matter under standard laboratory
procedure.
BYPASS
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
CONSISTENT REMOVAL
The reduction in the amount of a pollutant or alteration
of the nature of a pollutant by the wastewater treatment system to
a less toxic or harmless state in the effluent, as set forth in 40
CFR 403.7.
COOLING WATER
The water discharged from any use, such as air conditioning,
cooling or refrigeration, to which the only pollutant added is heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Massachusetts.
DIRECTOR
The Director of the district, designated by the District
Board to supervise the operation of the facility and designated by
the Town of Franklin Town Council to implement and enforce the provisions
of these regulations as specified herein with respect to industrial
users located in the Town of Franklin, or the Director's duly authorized
representative.
DISTRICT
The Charles River Pollution Control District, acting through
its Board and its Director and designated by the Town of Franklin
Town Council to implement and enforce the provisions of these regulations
as specified herein with respect to industrial users located in the
Town of Franklin.
DIVISION
The Director of the Water Management Division of the U.S.
Environmental Protection Agency (EPA) and the Director of the Division
of Water Pollution Control in the Massachusetts Department of Environmental
Protection (DEP), established pursuant to MGL c. 21, § 26.
DOMESTIC SOURCE
Any residence, building, structure, facility or installation
from which there is or may be discharged to the facility only sanitary
sewage, in an amount less than 2,000 gallons per day, as determined
in accordance with the sewage flow estimates published at 314 CMR
§ 7.15, which are incorporated herein by reference.
DPW DIRECTOR
The Director of Public Works employed by the Town of Franklin
or his or her authorized representative.
ELIGIBLE
An extension shown on the Sewer System Map, Exhibit A hereto, which is eligible for a sewer extension permit hereunder.
An extension deemed eligible shall not be entitled to a permit unless
all other requirements of this chapter and other pertinent regulations
have been satisfied. The depiction of an extension as eligible shall
not be construed as a representation that the Town of Franklin shall
set aside funds for the construction of said extension.
[Added 10-21-1998 by Bylaw Amendment 98-390-R]
FACILITY (PUBLICLY OWNED TREATMENT WORKS OR POTW)
The treatment works, as defined by Section 212 of the Act,
owned by the district and known as the "Charles River Pollution Control
District Wastewater Treatment Facility" (the "facility"). 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 those sewers, pipes and other conveyances
which convey wastewater to the facility. For the purposes of these
regulations, POTW shall also include any sewers that convey wastewaters
to the facility from persons who are, by permit, contract or agreement
with the district, users of the facility.
FACILITY TREATMENT PLANT
That portion of the facility designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
INDIRECT DISCHARGE
The discharge or the introduction into the facility of pollutants
from any source, other than a domestic source, regulated under Section
307(b), (c) or (d) of the Act.
INDUSTRIAL USER
A source of indirect discharge or any source which discharges
2,000 or more gallons per day of sanitary sewage to the facility.
INDUSTRIAL WASTE
Any liquid, gaseous or solid waste substance or a combination
thereof, resulting from any process of industry, manufacturing, trade
or business or from the development or recovery of any natural resources.
INTERFERENCE
A discharge which, alone or in conjunction with discharges
from other sources, inhibits or disrupts the facility, its treatment
processes or operations or its sludge processes, use or disposal and
which is a cause of a violation of any requirement of the district's
NPDES permit (including an increase in the magnitude or duration of
a violation) or of the prevention of sewage sludge use or disposal
by the facility in accordance with applicable federal, state or local
statutes and regulations or permits issued thereunder, as set forth
in 40 CFR 403.3(i).
NEW SOURCE
Any building, structure, facility or installation, as described
in 40 CFR 403.3(k)(l), 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(c) of the Act
which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section.
PASS-THROUGH
The discharge of pollutants through the facility 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 district's NPDES
permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, public or private corporation
or authority, association, trust, estate, governmental entity, agency
or political subdivision of a municipality, the Commonwealth of Massachusetts
or the United States or any other legal entity or their legal representatives,
agents or assigns. The masculine gender shall include the feminine
and the singular shall include the plural where indicated by the context.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent or other matter,
in whatever form and whether originating at a point or major nonpoint
source, which is or may be discharged, drained or otherwise introduced
into any sewerage system, treatment works or waters of the commonwealth.
POLLUTION
The presence in the environment of conditions or contaminants
in quantities or characteristics which are or may be injurious to
human, plant or animal life or to property or which unreasonably interferes
with the comfortable enjoyment of life and property throughout such
areas as may be affected thereby.
PRETREATMENT
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 the facility. The reduction
or alteration can be obtained by physical, chemical or biological
processes, process changes or other means, except as prohibited by
40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on a user.
SANITARY SEWAGE
Liquid and water-carried human and domestic wastes from residences,
commercial buildings, industrial plants and institutions, exclusive
of ground-, storm- and surface water and exclusive of industrial wastes.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of ground-, storm- and surface waters
that are not admitted intentionally.
SEPTAGE
Wastes from holding tanks, such as chemical toilets, campers
or trailers and wastes from septic tanks and cesspools.
SEWAGE
The spent water of a community, also known as wastewater.
SEWER
A pipe or conduit that carries wastewater.
SEWERAGE SYSTEM
Any device, equipment or works used in the transportation,
pumping, storage, treatment, recycling and reclamation of sewage and
industrial wastes.
SEWER EXTENSION PERMIT
The document issued by the Town of Franklin Department of Public Works, as set forth in §
139-5A.
[Added 10-21-1998 by Bylaw Amendment 98-390-R]
SEWER SYSTEM MAP
The map referred to as Exhibit A dated September 16, 1998,
filed with the Town Clerk hereto and adopted by the Franklin Town
Council to define the municipal sewer system to include existing sewer
main lines, force mains, lift or pump stations and private sewer mains;
and unbuilt sewer main extensions eligible for a sewer extension permit;
and unbuilt lift or pump stations eligible for a sewer connection
or extension permit. The Sewer System Map may be amended from time
to time by the Town Council in accordance with the procedures set
forth herein.
[Added 10-21-1998 by Bylaw Amendment 98-390-R]
SIGNIFICANT INDUSTRIAL USER
(1)
Except as provided in Subsection (2) of this
definition:
(a)
All industrial users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N; and
(b)
Any other industrial user that:
[1]
Discharges an average of 25,000 gallons per
day or more of process wastewater to the facility (excluding sanitary,
noncontact cooling and boiler blowdown wastewater);
[2]
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the facility treatment plant; or
[3]
Is designated as such by the Director on the
basis that the industrial user has a reasonable potential for adversely
affecting the facility's operation or for violating any pretreatment
standard or requirement [in accordance with 40 CFR 403.8(f)(6)].
(c)
Upon a finding that an industrial user meeting the criteria in Subsection
(1) of this definition has no reasonable potential for adversely affecting the facility's operation or for violating any pretreatment standard or requirement, the Director may at any time, upon his or her own initiative or in response to a petition received from an industrial user and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SLUDGE
Waste containing varying amounts of solid contaminants removed
from water, sanitary sewage, wastewater or industrial wastes by physical,
chemical and biological treatment.
SLUG DISCHARGE
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, as amended from time to time.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of
or is suspended in, water, wastewater or other liquids and which is
removable by laboratory filtering.
TOWN
The Town of Franklin, Massachusetts, acting through its Town
Council.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under Section 307(a) of the Act or other Acts; or
in regulations promulgated under MGL c. 21, including but not limited
to 314 C.M.R. §§ 3.00, 7.00 and 12.00.
USER
Any domestic source or industrial user which discharges wastewater
to the facility.
WASTEWATER
The liquid and water-carried industrial, nondomestic or domestic
wastes, including sewage, industrial waste, other wastes or any combination
thereof, from dwellings, commercial buildings, industrial facilities
and institutions, together with any ground-, surface and stormwater
that may be present.
WATERS OF THE COMMONWEALTH
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, border upon or are within the jurisdiction of
the Commonwealth.