The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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 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 the highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsections A through C, 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 enforcing officer.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b), National pretreatment standards,
general and specific prohibitions. 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 procedure in five days
at 20° C., expressed in milligrams per liter.
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 10 feet outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
An industrial user subject to a national categorical pretreatment
standard.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
A sewer designated to receive both surface runoff and sewage.
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 Administrator of Community Utilities or his authorized
deputy, agent or representative.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
The introduction of pollutants into the sewerage works from
any nondomestic source.
The water-carried wastes from industrial manufacturing processes,
trades or businesses, as distinct from sanitary sewage.
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 sewerage
works, its treatment processes or operations or its sludge processes,
use or disposal; and therefore is a cause of a violation of the City'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 any more stringent state or local
regulations: 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 enforcing
officer upon industrial or commercial facilities to implement the
general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b), National pretreatment standards, general and specific prohibitions.
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 discharges
measured during that month.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
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 sewerage works 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 NPDES 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.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
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 sewerage works. 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 § 74-223 of this article.
The waste from the preparation, cooking and dispensing of
food that has 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 one-half inch in any
dimension.
A sewer in which all owners of abutting properties have equal
rights, and which is controlled by public authority.
A sewer which is designated to carry sewage and to which
stormwater, surface water and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
A pipe or conduit for carrying sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A significant industrial user is:
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average of 25,000 gallons per day or more of process
wastewater to the sewerage works (excluding sanitary, noncontact 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 sewerage
works treatment plant; or
Is designated as such by the enforcing officer on the basis
that it has a reasonable potential for adversely affecting the sewerage
works' operation or for violating any pretreatment standard or requirement.
Violations which meet one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined for
purposes of this subsection as those in which 66% or more of all of
the measurements taken during a six-month period exceed (by any magnitude)
the daily maximum limit or the average limit for the same pollutant
parameter.
Technical review criteria (TRC) violations, defined for purposes
of this subsection as those in which 33% or more of all of the measurements
taken during a six-month period equal or exceed the product of the
daily maximum limit or the average limit times the applicable TRC.
(TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all
other pollutants except pH.)
Any other violation of a pretreatment effluent limit (daily
or longer-term average) that the control authority believes has caused,
alone or in combination with other discharges, interference or pass
through, including endangering the health of personnel of the publicly
owned treatment works or the general public.
Any discharge of a pollutant that has caused imminent endangerment
to human health or welfare or to the environment and has resulted
in the publicly owned treatment works' exercise of its emergency authority
to halt or prevent such danger.
Violation, by 90 days or more after the scheduled date of a
compliance schedule milestone contained in a permit or enforcement
order for starting construction, completing construction, and attaining
final compliance.
Failure to provide required reports such as baseline monitoring
reports, ninety-day compliance reports, periodic self-monitoring reports
and reports on compliance schedules within 30 days of the due date.
Failure to accurately report noncompliance.
Any other violation or group of violations which the control
authority considers to be significant.
The control authority is the City of Fall River and its publicly
owned treatment works (POTW).
Any discharge of water 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 violate the sewerage works' regulations,
local limits or permit conditions.
A sewer which is designated to carry stormwater and surface
water and drainage, but excludes sewage and industrial wastes, other
than unpolluted cooling water.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids, and that are removable by laboratory
filtering.
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 sewerage works.
That portion of the sewerage works which is designed to provide
treatment of municipal sewage and industrial waste. An arrangement
of devices and structures used for treating sewage.
A channel in which a flow of water occurs, either continuously
or intermittently.
No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the sewerage works. Any
person violating this section shall be subject to immediate arrest
under a charge of disorderly conduct and/or applicable fines and penalties.
A.
Generally; limitations. The enforcing officer and other duly authorized
employees of the City bearing proper credentials and identification
shall be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this article. The enforcing officer or his representatives
shall have no authority to inquire into any processes, including metallurgical,
chemical, oil, refining, ceramic, paper or other industries, beyond
that point having a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
B.
Liability of City; observance of company safety rules. While performing the necessary work on private property referred to in Subsection A of this section, the enforcing officer or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in this article.
C.
Work in easements. The enforcing officer and other duly authorized
employees of the City bearing proper credentials and identification
shall be permitted to enter all private properties through which the
City holds a duly negotiated easement for the purpose of, but not
limited to, inspection, observation, measurement, sampling, repair
and maintenance of any portion of the sewerage works lying within
the easement. All entry and subsequent work, if any, on the easement,
shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved.
Any person found to be violating any provision of this article, except § 74-162, shall be served by the City with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time limit provided for in § 74-164 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding $5,000 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this article shall
become liable to the City for any expense, loss or damage occasioned
the City by reason of such violation.
