A.
Part 4 of this chapter sets forth uniform requirements for users of the publicly owned treatment works for the City of Aberdeen and enables the City of Aberdeen to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). The objectives of this Part 4 are:
(1)
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its 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 promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works.
(5)
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the publicly owned treatment
works.
(6)
To enable the City of Aberdeen 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.
B.
This Part 4 shall apply to all users of the publicly owned treatment works. This Part 4 authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance 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.
Except as otherwise provided herein, the Director shall administer, implement, and enforce the provisions of this Part 4. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel.
The following abbreviations, when used in this Part 4, shall have the designated meanings:
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BOD
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Biochemical oxygen demand
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CFR
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Code of Federal Regulations
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COD
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Chemical oxygen demand
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EPA
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United States Environmental Protection Agency
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gpd
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Gallons per day
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mg/l
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Milligrams per liter
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NPDES
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National Pollutant Discharge Elimination System
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POTW
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Publicly owned treatment works
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RCRA
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Resource Conservation and Recovery Act
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SIC
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Standard industrial classification
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TSS
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Total suspended solids
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U.S.C.
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United States Code
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Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part 4, shall have the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The State of Maryland.
If the user is a corporation:
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 decisionmaking functions for
the corporation; or
The manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000 (in second-quarter 1980 dollars),
if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
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 his/her designee.
The individuals described in Subsections A through C 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 of Aberdeen.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration in mg/1.
That part of the lowest piping of a drainage system which
receives the discharge from soil, waste and other drainage pipes inside
the walls of the building and conveys it to the building sewer.
The extension from the building drain to the public sewer
or other place of disposal. The building sewer begins five feet outside
the inner face of the building wall.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 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 CFR Chapter I, Subchapter N, Parts 405 to 471.
The City of Aberdeen.
A sewer intended to receive both wastewater and storm runoff
or surface water.
The Director of Public Works of Aberdeen or his duly authorized representative; the person designated by the City to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this Part 4, or a duly authorized representative.
An acquired legal right for the specific use of land owned
by others.
A registered professional engineer licensed to practice in
the State of Maryland.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director or other
duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
Any oil which can be separated from water by gravity.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
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
15 minutes.
Fats, greases or oils extractable from wastes in accordance
with methods outlined in Standard Methods.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act.
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.
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'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: 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.
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.
Any outlet, including storm drains and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Any building, structure, facility or installation from which
there is 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,
provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
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.
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 A(2) or (3) above but otherwise
alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this section has
commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site 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
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is 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 subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
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, are 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.
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.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
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).
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.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the City of Aberdeen.
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.
A common sewer controlled by a governmental agency or public
utility.
A sewer that carries wastewater from residences, commercial
buildings, industrial plants or institutions.
All wastewater discharged from residences and wastewater
discharged from the domestic plumbing facilities of commercial and
industrial places of business.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A pipe or conduit that carries wastewater or drainage water.
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the City of Aberdeen on the basis that
it has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City of Aberdeen may at any time, on its own initiative or in response to a petition received from a 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.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
A drain or sewer for conveying surface water, groundwater,
subsurface water or unpolluted water from any source.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
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.
A source of indirect discharge.
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.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
