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.
| 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. |
| Construction of a new source as defined under this definition has commenced if the owner or operator has: |
| 1. | Begun, or caused to begin, as part of a continuous on-site construction program: |
| | a. | Any placement, assembly or installation of facilities or equipment; or |
| | b. | 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. |
| 2. | 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. |
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.