(a)
This chapter sets forth uniform requirements for users of the publicly
owned treatment works for the City of Biddeford, Maine, and enables
the City of Biddeford, Maine, 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 (Title 40 of the
Code of Federal Regulations [CFR] Part 403). The objectives of this
chapter 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; and
(6)
To enable the City of Biddeford, Maine, to comply with its Maine
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 chapter shall apply to all users of the publicly owned treatment
works. The chapter authorizes the issuance of individual 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 of Wastewater
or his/her designee shall administer, implement, and enforce the provisions
of this chapter. Any powers granted to or duties imposed upon the
Industrial Pretreatment Coordinator may be delegated by the Director
of Wastewater or his/her designee to a duly authorized City or contracted
employee.
The following abbreviations, when used in this chapter, shall
have the designated meanings:
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BOD — Biochemical oxygen demand.
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BMP — Best management practice.
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BMR — Baseline monitoring report.
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CFR — Code of Federal Regulations.
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CIU — Categorical industrial user.
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COD — Chemical oxygen demand.
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EPA — United States Environmental Protection Agency.
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gpd — Gallons per day.
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IU — Industrial user.
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mg/l — Milligrams per liter (also known as "ppm" or parts
per million).
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ng/l — Nanograms per liter.
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ug/l — Micrograms per liter.
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MEDEP — Maine Department of Environmental Protection.
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MEPDES — Maine Pollutant Discharge Elimination System.
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NSCIU — Nonsignificant categorical industrial user.
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POTW — Publicly owned treatment works.
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RCRA — Resource Conservation and Recovery Act.
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M.R.S.A — Maine Revised Statute Annotated.
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SIC — Standard industrial classification.
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SIU — Significant industrial user.
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SNC — Significant noncompliance.
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TDS — Total dissolved solids.
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TSS — Total suspended solids.
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U.S.C. — United States Code.
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Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this chapter, 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 Maine.
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 decision-making functions
for the corporation; or
The manager of one or more manufacturing, production, or operating
facilities, provided that 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.
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 or her designee.
The individuals described in Subsections (1) through (3) above, may designated a duly 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 Biddeford, Maine.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 71-5(a) and (b) [40 CFR 403.5(a)(1) and (b)]. BMPs 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.
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 (e.g. mg/l).
An industrial user subject to a 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. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
The City of Biddeford, Maine, or the City Council of Biddeford,
Maine.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The City of Biddeford, Maine.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
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.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, the
Regional Administrator, or other duly authorized official of said
agency.
Any source of discharge that is not a new source.
A sample that 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.
The introduction of pollutants into the POTW from any nondomestic
source.
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 that, 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 MEPDES
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.
Specific discharge limits developed and enforced by the City
of Biddeford, Maine, upon industrial or commercial facilities to implement
the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b).
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.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
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 discharge measured
during that month.
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(c) of the Act that 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; or
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 (1)b or c above but otherwise alters,
replaces, or adds to existing process or production equipment.
Construction of new source as defined under this subsection
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 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 subsection.
Water used for cooling that 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, is a cause of a
violation of any requirement of the City's MEPDES 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.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 71-5 of this chapter.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the City of Biddeford,
Maine. 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.
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.).
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, non-contact cooling and boiler blow
down 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 Biddeford, Maine, on the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement.
The City may determine that an industrial user subject to categorical
pretreatment standards is a nonsignificant 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, noncontact cooling
and boiler blow down wastewater, unless specifically included in the
pretreatment standard) and the following conditions are met:
The industrial user, prior to the City's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in Section 71-43(b) [See 40 CFR 403.12(q).], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater.
Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City of Biddeford, Maine, 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.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 71-5 of this chapter. A slug discharge is any discharge of a nonroutine, 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.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The person designated by the City of Biddeford, Maine, to
supervise the operation of the POTW (Director of Wastewater), and
who is charged with certain duties and responsibilities by this chapter.
The term also means a duly authorized representative of the Director
of Wastewater.
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.
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.
