Unless specifically indicated in these rules and regulations, the
meaning of terms used in this article shall be as follows:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Region 1 Administrator of the U.S. Environmental Protection
Agency or his/her authorized representative.
AUTHORIZED OR DULY 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 or more manufacturing, production, or operating
facilities, provided 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 initiating and directing 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 the
individual wastewater discharge permit requirements; and where 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 the highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or his/her designee.
(4)
The individuals described in Subsections
(1) through
(3) above may designate 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 Town of South Hadley.
BEST MANAGEMENT PRACTICES or BMPS
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §
315-6.8 of this article [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. BMPs can also include alternative means of complying with or in place of certain established categorical pretreatment standards and effluent limits as authorized by EPA.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C., expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal 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, beginning five feet (1.5 meters) outside the inner face of
the building wall.
BUILDING SEWER
The extension from the main sewer to the building or structure.
CATEGORICAL PRETREATMENT STANDARD
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 applies to a specific category of industrial
users and that appears in 40 CFR Chapter I, Subchapter N, Parts 405
to 471.
COMPOSITE SAMPLE
A sample which represents many aliquots taken throughout
an extended time period.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
DAILY MAXIMUM LIMIT
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.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of Massachusetts.
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 Regional Water
Management Division Director, the Regional Administrator, or other
duly authorized official of said agency.
EXCESSIVE
An amount or concentration of a constituent of wastewater
which, in the judgment of the Selectboard:
(1)
Will cause damage to any facility;
(2)
Will be harmful to a wastewater treatment process;
(3)
Cannot be removed in the treatment works to the degree required
in limiting stream classification standards of the Connecticut River
and/or its tributaries;
(4)
Can otherwise endanger life or property; or
(5)
Can constitute a nuisance.
FATS, OIL AND GREASE (FOG) PROGRAM
The regulation approved by the Selectboard to minimize the
quantity of this material entering the sewer system; provides requirements
for traps and interceptors, maintenance, and reporting requirements
specifically for the food service industry.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage and
sale of produce.
GENERAL PERMIT
A local permit to regulate commercial or industrial establishments
which do not meet the criteria of a significant industrial user by
the EPA, but which, in the best determination of the Superintendent,
require some oversight. This includes but is not limited to manufacturing
facilities and long-term groundwater remediation projects. Subject
to the most current fees and guidelines approved by the Selectboard.
GRAB SAMPLE
A sample that is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and over a period
of time not to exceed 15 minutes.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
INDUSTRIAL USER
A source of wastewater discharge into the POTW which constitutes
an "indirect discharge" as defined herein.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes,
trade, or business, as distinct from sanitary sewage.
INFILTRATION
Water other than wastewater that enters a sewer system (including
sewer connections and foundation drains) from the ground through means
which include, but are not limited to, defective pipes, pipe joints,
connections or manholes. Infiltration does not include, and is distinguished
from, inflow.
INFLOW
Water, other than sanitary flow, that enters a sewer system
(including sewer connections) from sources that include, but are not
limited to, roof leaders, cellar drains, yard drains, area drains,
drains from springs and swampy areas, manhole covers, cross-connections
between storm sewers and sanitary sewers, catch basins, cooling towers,
stormwaters, surface runoff, street wash waters or drainage. Inflow
does not include, and is distinguishable from, infiltration.
INSTANTANEOUS LIMIT
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.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
(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 any requirement of the
POTW's NPDES permit (including an increase in the magnitude or
duration of a violation) or of the prevention of sewage sludge use
or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder or any more stringent
state or local regulations: Section 405 of the Clean Water Act, the
Solid Waste Disposal Act (SWDA) [including Title II, more commonly
referred to as the "Resource Conservation and Recovery Act" (RCRA),
and 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.
LOCAL LIMIT
Specific discharge limits developed and enforced by the Town
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
MEDICAL WASTE
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.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
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 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:
(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 the discharge of pollutants
at an existing source; or
(c)
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.
(2)
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.
(3)
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
(a)
Begun, or caused to begin as part of a continuous on-site construction
program:
[1]
Any placement, assembly, or installation of facilities or equipment;
or
[2]
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 subsection.
NONCONTACT COOLING WATER
Water used for cooling that does not come into direct contact
with any raw material, intermediate or finished product, or waste
products; for example, water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
PASS-THROUGH
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 the POTW's NPDES permit (including an increase in
the magnitude or duration of a violation).
PERSON
Any individual, partnership, copartnership, firm, company,
association, joint-stock company, trust, estate, society, corporation,
group or government agency or any other legal entity; or their legal
representatives, agents or assigns. This definition includes all federal,
state, and local governmental agencies.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
POLLUTANT
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,
commercial and industrial wastes, and certain characteristics of wastewater
(e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity,
or odor) which is or may be discharged.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes or other means, except by diluting the
concentration of the pollutants unless allowed by an applicable treatment
standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
PROPERLY SHREDDED GARBAGE
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 (1.27 centimeters)
in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW) OR SEWAGE WORKS
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned in this instance by the Town
of South Hadley. 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
that convey wastewater to the POTW treatment plant. This does not
include pipes, sewers or other conveyances not connected to a facility
providing treatment. For purposes of these regulations, "POTW" shall
also include any sewers that convey wastewaters to the POTW from persons
outside the Town who are, by contract or agreement with the Town,
users of the Town's POTW.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface,
and ground waters are not intentionally admitted.
SELECTBOARD
The duly elected Selectboard of the Town of South Hadley,
acting in accordance with Chapter 83 of the General Laws. The Selectboard
is the designated "Sewer Commissioners" for the Town of South Hadley,
having oversight of all Town sewers, including but not limited to
sanitary, separated, combined, and storm sewers. The Board may delegate
its authority under portions of or all of these rules and regulations
to various Town employees and/or representatives.
SEPTAGE OR HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
SEWAGE
A combination of the water-carried wastes from the residences,
business buildings, institutions, and industrial establishments, together
with such ground-, surface and stormwaters as may be present.
SEWAGE WORKS
All facilities for collecting, pumping, treating, and disposing
of sewage.
SEWER
A pipe or conduit for carrying sewage.
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER (SIU)
Except as provided in Subsections (3) and (4) of this definition,
a significant industrial user is:
(1)
An industrial user subject to categorical pretreatment standards;
or
(2)
An industrial user that:
(a)
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
(b)
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
(c)
Is designated as such by the Town on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
(3)
The Town 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 blowdown wastewater, unless specifically included in the
pretreatment standard) and the following conditions are met:
(a)
The industrial user, prior to Town's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
(b)
The industrial user annually submits the certification statement required in §
315-6.14B [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
(c)
The industrial user never discharges any untreated concentrated
wastewater.
(4)
Upon a finding that a user meeting the criteria in Subsection
(3) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Town 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.
SIGNIFICANT NONCOMPLIANCE
As defined in 40 CFR 403.8.
(1)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken for the
same pollutant parameter taken during a six-month period exceed (by
any magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits;
(2)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of wastewater measurements taken for each
pollutant parameter during a six-month period equals or exceeds the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, multiplied by the applicable criteria (1.4 for
BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH);
(3)
Any other violation of a pretreatment standard or requirement
(daily maximum, long-term average, instantaneous limit, or narrative
standard) that the Superintendent determines has caused, alone or
in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public;
(4)
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the Superintendent's
exercise of its emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6)
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation(s), which may include a violation of best
management practices, which the Superintendent determines will adversely
affect the operation or implementation of the local pretreatment program.
SLUG LOAD OR DISCHARGE
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §
315-6.8 of this regulation. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violates the POTW's regulations, local limits or permit conditions.
SMALL COMMERCIAL DISCHARGE AUTHORIZATION
A local permit used to regulate a specific commercial category.
The authorization is issued to all establishments within the category;
however, a modified authorization can be issued to an individual location
with additional concerns or noncompliance issues; subject to the most
current fees and guidelines approved by the Selectboard.
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, 1972.
STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTEWATER
The most recent version, as published by the American Public
Health Association and approved under 40 CFR 136, shall be the basis
for all laboratory testing required hereunder and the definition of
all laboratory or chemical terms used herein
STATE
The Commonwealth of Massachusetts.
STATE ACT
The Massachusetts Clean Waters Act, as amended, MGL c. 21
§§ 26 through 53.
STORM DRAIN OR SEWER
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
STORMWATER
Any flow not sanitary or industrial in nature occurring during
or following any form of natural precipitation, and resulting from
such precipitation, including snowmelt.
SUPERINTENDENT
The person designated by the Town of South Hadley to supervise
the operation of the POTW, and who is charged with certain duties
and responsibilities by these rules and regulations. The term also
means a duly authorized representative of the Superintendent.
TEMPORARY DISCHARGE PERMIT
A local permit category used for the regulation of short-term
or one-time-only discharges, including but not limited to groundwater
remediation projects lasting less than one year, tank removals, excavation
waters, and industrial user special projects or trials; subject to
the most current fees and guidelines approved by the Selectboard.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 30/(a) or other acts.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the Town's POTW.
WASTEWATER
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.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.