Definitions. For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
ACT OR THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 USC 1251 et seq.
APPROVAL AUTHORITY
The State Department of Natural Resources; otherwise, the
regional administrator of the U.S. EPA Region VII or his/her designee.
AUTHORIZED REPRESENTATIVE OF THE USER
1.
If the user is a corporation:
a.
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
b.
The manager of one (1) or more manufacturing, production or
operation facilities employing more than two hundred fifty (250) persons
or having gross annual sales or expenditures exceeding twenty-five
million dollars ($25,000,000.00), in second (2nd) quarter 1980 dollars,
if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
2.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
3.
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 their designee.
4.
The individuals described in Subsections
(1) through
(3) of this Section 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.
AVAILABILITY OF SEWERS
An owner or occupant of property shall have sewers available whenever the property or premises is located in a sewer district established by the ordinance of the City or whenever public sewers are available to the property or premises in any jurisdiction with which the City has an interjurisdictional sewage treatment agreement or the City has notified the owner or occupant of the property pursuant to Section
705.170.
BIOCHEMICAL OXYGEN DEMAND (BODs)
The quantity of dissolved oxygen required for the biochemical
degradation of organic material (carbonaceous demand) and the oxygen
used to oxidize inorganic material such as sulfides and ferrous iron.
It may also be the quantity of dissolved oxygen used to oxidize reduced
forms of nitrogen (nitrogenous demand) unless their oxidation is prevented
by an inhibitor. Such BODs shall be determined as described under
the heading "Oxygen Demand (Biochemical)" in the Standard Methods
of the Examination of Water and Wastewater, latest edition, as published
jointly by the American Public Health Association, the American Water
Works Association and the Water Environment Federation.
BUILDING SEWER
The part of the drainage system which extends from the building
drain and conveys wastewater to a POTW, private sewer, individual
wastewater treatment system or other point of discharge.
CITY
The City of Strafford, Missouri.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria; plus any additional pollutants identified in the
POTW's NPDES permit, which the POTW is designed to treat.
COMPOSITE SAMPLE
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
COOLING WATER
As follows:
1.
Uncontaminated cooling water means water used for cooling purposes
only which has no direct contact with any raw material, intermediate
or final product and which does not contain a level of contaminants
detectably higher than that of the intake water.
2.
Contaminated cooling water means water used for cooling purposes
only which may become contaminated either through the use of water
treatment chemicals used for corrosion inhibitors or biocides or by
direct contact with process materials and/or wastewater.
DIRECTOR
The Director of the Public Works Department of the City or
his/her authorized representative.
DOMESTIC WASTE
The waterborne wastes derived from ordinary household living
processes including, but not limited to, waters from water closets,
urinals, lavatories, sinks, bathtubs, showers, household laundries,
household garbage grinders and drinking fountains.
ENVIRONMENTAL PROTECTION AGENCY OR EPA
The U.S. Environmental Protection Agency or, where appropriate,
the term may also be used as a designation for the Administrator of
the EPA or that person's designee.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
1207 of the Act.
FUNDAMENTALLY DIFFERENT FACTORS
Factors relating to a user which are different from those
factors considered during development of a categorical pretreatment
standard or requirements as defined in 40 CFR 403.13.
GARBAGE
The solid animal and vegetable wastes resulting from the
domestic or commercial handling, storage, dispensing, preparation,
cooking and serving of foods.
GRAB SAMPLE
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
HOLDING TANK WASTE
The waterborne wastes from holding tanks such as vessels,
chemical toilets, recreational vehicles, septic tanks, vacuum-pump
vehicles, aircraft or buses.
INDUSTRIAL USER
Any non-residential user identified in Division A, B, D,
E or I of the Standard Industrial Classification Manual or any user
which discharges wastewater containing toxic or poisonous substances
or any substances which cause interference or pass through in the
POTW.
INDUSTRIAL WASTE
Any waterborne or liquid waste from an industrial user, other
than domestic waste.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composted
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
A discharge which alone or in conjunction with a discharge
or discharges from other sources:
1.
Inhibits or disrupts the POTW, its treatment processes or operations
or its sludge processes, use or disposal; and
2.
Therefore is a cause of a violation of the POTW'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 more stringent State or local regulations):
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.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood
by-products, pathological wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes
and dialysis wastes.
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act which
applies to industrial users. This term includes prohibitive discharge
limits established pursuant to Section 403.5 of the Act, categorical
pretreatment standards, restricted discharges and local limits.
NEW SOURCE
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 1207(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that Section, provided that:
1.
The building, structure, facility or installation is constructed
at a site at which no other source is located;
2.
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
3.
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.
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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) of this definition
but otherwise alters, replaces or adds to existing process or production
equipment.
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Construction of a new source as defined under this definition
has commenced if the owner or operator has:
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1.
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Begun, or caused to begin, as part of a continuous on-site construction
program:
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a.
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Any placement, assembly or installation of facilities or equipment;
or
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b.
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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.
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2.
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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 definition.
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NON-RESIDENTIAL USER
All premises other than residential as defined in this Chapter,
used for other than or in combination with human residency and which
is connected or has availability to the POTW.
PASS THROUGH
A discharge which exits the POTW into the waters of the State
in quantities or concentrations which, alone or in conjunction with
discharges from other sources, is a cause of or significantly contributes
to a violation of any requirement of the POTW's NPDES permit, including
an increase in the magnitude of a violation. Any industrial user significantly
contributes to such permit violation where it:
1.
Discharges a pollutant loading in excess of that allowed by
permit with the POTW or by Federal, State or local law;
2.
Discharges wastewater which substantially differs in nature
and constituents from the user's average discharge;
3.
Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other sources, would result in an
NPDES permit violation; or
4.
Knows or has reason to know that the POTW is, for any reason,
violating its final effluent limitations in its NPDES permit and that
such industrial user's discharge, either alone or in conjunction with
discharges from other sources, increases the magnitude or duration
of the POTW's NPDES 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. The masculine gender shall include the feminine, the singular
shall include the plural where indicated by the context.
pH
The logarithm of the reciprocal of the hydrogen ion concentration
expressed as grams per liter of solution as determined by Standard
Methods.
POLLUTANT
Anything discharged into the POTW which causes any alteration
of chemical, physical, biological or radiological integrity of water
including, but not limited to, 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, BOD5, 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, discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration may 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. Appropriate
pretreatment technology includes control equipment, such as equalization
tanks or facilities, for protection against surges or slug loadings
that might interfere with or otherwise be incompatible with the POTW.
However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater
from another regulated process, the effluent from the equalization
facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
PROPERLY SHREDDED GARBAGE
Garbage which has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in the POTW with no particle greater than one-half (½)
inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act, which
is owned by the Cities of Strafford or Springfield. This definition
includes the sanitary sewers of the City and any device 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 "POTW" shall also include
any sewers that convey wastewaters to the POTW from persons outside
the City limits of Strafford who are, by contract or agreement with
the City, users of a City POTW.
POTW TREATMENT PLANT
That portion of a POTW which is designed to provide treatment
of municipal sewage and industrial waste.
RESIDENTIAL USER
A single-family or two-family unit dwelling used only for
human residence and which is connected or has availability to the
POTW.
SANITARY SEWER
A sewer which carries wastewater and to which storm, surface
and ground waters are not intentionally admitted.
SIGNIFICANT INDUSTRIAL USER
As follows:
1.
A user subject to categorical pretreatment standards; or
2.
A user that:
a.
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, non-contact
cooling and boiler blowdown wastewater).
b.
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.
c.
Is designated as such by the POTW on the basis that is has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
3.
Upon a finding that a user meeting the criteria in Subsection
(2) of this Section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW 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.
SLUG DISCHARGE
Any discharge which in concentration of any given constituent
or in quantity of flow may cause or may significantly contribute to
cause interference with the operation and performance of the POTW
or may cause or may significantly contribute to cause pass through
of pollutants through the POTW into waters of the State in sufficient
quantities or concentrations to cause or significantly contribute
to cause a violation of the POTW's NPDES permit.
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, latest edition.
STATE
The State of Missouri.
STORM DRAIN OR STORM SEWER
A pipe or conduit which carries stormwater, surface water,
drainage and cooling water and to which wastewater is not intentionally
admitted.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUSPENDED SOLIDS
The dry weights of matter physically suspended in a flow
of water or wastewater, as determined by the method of determining
total non-filterable residue dried at one hundred three degrees Celsius
(103°C) to one hundred five degrees Celsius (105°C) described
under the heading "Residue" in the Standard Methods of the Examination
of Water and Wastewater, latest edition, as published jointly by the
American Public Health Association, the American Water Works Association
and the Water Environment Federation and expressed in milligrams per
liter by weight.
TOXIC POLLUTANTS
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of Section 1207(a) of the Act
or other acts.
USER
The owner or occupant of property or premises that is connected
directly or indirectly or has available to the property or premises
the facilities of the POTW.
WASTEWATER
The industrial waste or domestic waste from any source which
is contributed into or permitted to enter the POTW.
WATERS OF THE STATE
All rivers, streams, lakes and other bodies of surface and
subsurface water lying within or forming a part of the boundaries
of the State which are not entirely confined and located completely
upon lands owned, leased or otherwise controlled by a single person
or by two (2) or more persons jointly or as tenants in common and
includes waters of the United States lying within the State.