For the purposes of this Article, the following definitions
shall be used:
ACT
The Federal Water Pollution Control Act, as amended by the
Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. §§ 1251,
et seq., and all amendments to and all federal regulations promulgated
pursuant to the above Acts.
ARTICLE
Article
VIII, Wastewater Collection and Treatment, of Chapter
256 of the Harford County Code.
AUTHORITY
The Deputy Director of Public Works for the Division of Water
and Sewer or his duly authorized designee. In the event of a vacancy
in, or the elimination of, the position of Deputy Director of the
Division of Water and Sewer, the Director of the Harford County Department
of Public Works or his duly appointed designee shall constitute the
Authority.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
Means:
(1)
In the case of a corporation, a president, secretary, or vice
president in charge of the principal business function of the industrial
user.
(2)
In the case of a partnership or proprietorship, a general partner
or proprietor.
(3)
An authorized representative of one of the individuals specified
in (1) or (2) above if, but only if:
(a)
Such representative is responsible for the overall operation
of the facilities from which the discharge into a POTW originates;
(b)
The authorization is written and signed by one of the persons
identified in (1) or (2) above; and
(c)
The written authorization has been submitted to the Authority.
BYPASS
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
COUNTY
Harford County, Maryland.
INDUSTRIAL USER orUSER
Any person who introduces or, in light of on-site materials
and processes, is capable of introducing pollutants into a POTW from
any non-domestic source regulated under the Act as defined herein,
or any state or county law or regulation.
INFILTRATION
The water unintentionally entering the public sewer system,
including sanitary building drains and sewers, from the ground through
such means as but not limited to defective pipes, pipe joints, connections
or manhole walls. "Infiltration" does not include and is distinguished
from inflow.
INFLOW
Water discharged into a sanitary sewer system, including
building drains and sewers, from such sources as but not limited to
roof leaders, cellar, yard and area drains, foundations drains, unpolluted
cooling water discharges, drains from springs and swampy areas, manhole
covers, cross-connections from storm sewers and/or combined sewers,
catch basins, stormwaters, surface runoff, street wash waters or drainage.
"Inflow" does not include and is distinguishable from infiltration.
INTERFERENCE
A discharge which alone, or in conjunction with a discharge
or discharges from other sources either:
(1)
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, uses or disposal; or
(2)
Causes a violation of any requirement of the POTW's NPDES permit
(including an increase in the magnitude or duration of a violation)
or the prevention of sewage sludge use or disposal in compliance with
the Act as defined herein, or federal or state laws and regulations,
including: Section 405 of the Clean Water Act; the Solid Waste Disposal
Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substances Control Act;
and the Marine Protection, Research and Sanctuaries Act.
mg/l
Milligrams per liter and is equivalent to parts per million
by weight.
NEW SOURCE
(1)
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 § 307(c) of the Act as defined herein (33 U.S.C. § 1317(c))
which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
(a)
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
(b)
The building structure, facility or installation totally replaces
the process or production equipment that causes a discharge of pollutants
at an existing source; or
(c)
The production of wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether wastewater
generating processes are substantially independent, factors such as
the extent to which the new facility is engaged in the same general
type of activity as the existing source should be considered.
(2)
Construction on a site at which an existing source is located
that 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 Paragraphs (1)(b) or (1)(c) of this section
but otherwise alters, replaces, or adds to existing process or production
equipment.
(3)
Construction of a new source as defined under this paragraph
has commenced if the owner operator has:
(a)
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
(b)
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 paragraph.
PASS-THROUGH
A discharge which exits a POTW 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
POTW's NPDES permit (including an increase in the magnitude or duration
of a violation).
PERSON
Any individual, partnership, corporation, firm, company,
association, joint venture, joint stock company, trust, estate, governmental
entity 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 of the reciprocal of the weight of hydrogen
ions in grams per liter of solution, indicating the degree of acidity
or alkalinity of a substance. A stabilized pH shall be considered
to be a pH which does not change beyond the specific limits when the
waste is subjected to aeration.
POLLUTANT
Any dredged spoil, solid waste, hazardous waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical waste,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, hazardous substances, toxic pollutants, cellar
dirt and industrial, municipal, commercial and agricultural waste
or any other contaminant discharged into the POTW or any water which
may find its way into a POTW.
PRETREATMENT
The reduction, elimination or alteration of pollutant properties
to a less harmful state prior to or in lieu of discharge or introduction
into a POTW, which can be accomplished by physical, chemical or biological
processes, process changes or other means except as prohibited by
40 C.F.R. § 403.6(D).
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by § 212 of the Act
as defined herein owned or operated by or on behalf of the county,
including any and all sewer lines, pumping stations, channels, connections,
pipes, devices and systems used in the transport, storage, treatment,
recycling, reclamation and disposal of sewage, wastewater, industrial
waste and sewage sludge. Included within the definition are sewers,
pipes, connectors, channels and equipment used to convey wastewater
to a treatment facility.
SEPTAGE
Any waste pumped from a septic tank or holding tank which contains wastewater from any person (county resident). Wastewater from a facility or process subject to the pretreatment requirements in §
256-61 shall not be transported by a septage hauler without prior written authorization from the Authority.
SEPTAGE HAULER
Any person who hauls or transports septage that is discharged
in the county.
SEVERE PROPERTY DAMAGE
Substantial physical damage to property; damage to a pretreatment
facility which causes it to become inoperable; or substantial and
permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not
mean or include economic loss caused by delays in production.
SIGNIFICANT INDUSTRIAL USER
Any industrial user who:
(1)
Is subject to Federal Categorical Pretreatment Standards;
(2)
Has a discharge flow of 25,000 gallons or more per day (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) to a
POTW; or
(3)
Has a flow greater than or equal to 5% of the average dry weather
hydraulic or organic capacity of a POTW; or
(4)
Is designated by the Authority on the basis that the industrial
user has a reasonable potential of adversely affecting the POTW's
operation or for violating a pretreatment requirement; or
(5)
Has in its wastes toxic pollutants as defined pursuant to § 307
of the Act as defined herein or state law or regulation; or
(6)
Is found by the POTW or the state to have the potential to significantly
impact, either alone or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludge, the POTW's
effluent discharge quality, or the air emissions generated by the
system.
SLUG LOADING
Any discharge of significant quantities of wastewater, sewage,
industrial waste or pollutants which, on consideration of the concentration
of any given constituent or the quantity of flow, could cause interference
of a POTW, pass-through a POTW, endanger sewer worker safety, contaminate
the sludge, release a prohibited discharge as defined in this Article,
or cause a violation of any permit issued to a POTW.
TOXIC POLLUTANT
Any pollutant or combination of pollutants identified as
toxic pursuant to § 307(a) of the Act as defined herein
or any other federal laws or regulations. (See, 40 C.F.R. § 401.15;
40 C.F.R. Part 403, Appendix B.)
WASTEWATER
The liquid or water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
whether treated or untreated.
WASTEWATER DISCHARGE PERMIT
A permit to deposit or discharge liquid industrial wastes
into any POTW owned or operated by or on behalf of the county.