Article 1: General Provisions

§ 435-1.2 Purpose and policy.

These regulations set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Town and enable the Town to comply with all applicable requirements under Massachusetts and federal law, including, without limitation, the Clean Water Act as amended and the General Pretreatment Regulations promulgated thereunder at 40 CFR Part 403; the National Pollutant Discharge Elimination System Permit No. MA 0100013 issued to the Town of Ayer, Massachusetts by the United States Environmental Protection Agency and the Massachusetts Department of Environmental Protection (MADEP); and Massachusetts General Laws Chapter 21 and the Pretreatment Regulations promulgated thereunder at 314 CMR 2.00, 7.00 and 12.00.

Recognizing that significant opportunities exist to reduce or prevent pollution at its source through cost-effective practices, and that such practices can offer savings through reduced purchases of materials and resources, a decreased need for pollution control technologies and lower liability costs, as well as assisting to protect the environment, the Town establishes the following objectives of this regulation:

(1)

Coordination with federal policies.

(a)

To promote, consistent with the policy of the federal government:

[1]

The prevention or reduction of pollutants at the source whenever feasible;

[2]

Recycling in an environmentally safe manner when pollution cannot be prevented;

[3]

Treatment in an environmentally safe manner of pollution that cannot be prevented or recycled; and

[4]

Disposal or other release into the environment in an environmentally safe manner only as a last resort.

(b)

To encourage the development of these efforts, the Town may:

[1]

Set Town-wide pollution prevention goals;

[2]

Organize an assessment program task force;

[3]

Review data and inspect sites;

[4]

Develop pollution prevention options;

[5]

Conduct a feasibility analysis of selected options; and

[6]

Promote implementation of pollution prevention techniques.

(2)

To prevent the introduction of pollutants into the publicly owned treatment works (POTW) that will interfere with its operation;

(3)

To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;

(4)

To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(5)

To promote reuse of sludge from the POTW;

(6)

To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW; and

(7)

To enable the Town to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements, and any other federal or state law to which the POTW is subject.

This regulation shall apply to all users of the POTW. The regulation authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

§ 435-1.5 Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this regulation, shall have the meanings hereinafter designated:

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 Regional Administrator of the EPA or his duly appointed agent.

AUTHORIZED REPRESENTATIVE OF THE USER

The reports required by §§ 435-7.1, 435-7.3 and 435-7.4 of this Part 1 shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed as follows:

By a responsible corporate officer, if the industrial user submitting the reports required by §§ 435-7.1, 435-7.3 and 435-7.4 of this Part 1 is a corporation. For the purpose of this subsection, a "responsible corporate officer" means:

(1)

A president, secretary, treasurer or 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

(2)

The manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions which 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

By a general partner or proprietor if the industrial user submitting the reports required by §§ 435-7.1, 435-7.3 and 435-7.4 of this Part 1 is a partnership or sole proprietorship, respectively.

By a duly authorized representative of the individual designated in Subsection A(1) or (2) of this definition if:

(1)

The authorization is made in writing by the individual described in Subsection A(1) or (2);

(2)

The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(3)

The written authorization is submitted to the control authority.

If an authorization under Subsection C of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection C of this definition must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

BEST MANAGEMENT PRACTICES

The most effective means to accomplish a particular goal.

BIOCHEMICAL OXYGEN DEMAND or BOD

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration (e.g., mg/l).

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system that 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 outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal, also called "house connection."

BYPASS

The intentional diversion of waste streams from any portion of a wastewater treatment facility.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limitations promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

COMBINED SEWER

A sewer intended to receive both wastewater and storm- or surface water.

COMMERCIAL USE

Premises used for financial gain, such as business or industrial use, but excluding residential uses and related accessory uses.

COMMISSIONER

The Commissioner of the Massachusetts Department of Environmental Protection, or the Commissioner's duly appointed agent.

COMPATIBLE POLLUTANT

Those pollutants which the Town's WWTF was designed to treat.

COMPOSITE SAMPLES

A combination of individual samples of wastewater taken at preselected intervals.

CONTROL AUTHORITY

The term "control authority" as used in this regulation refers to the Town of Ayer.

DEPARTMENT

The Department of Public Works Department representatives designated by the Town to supervise the operation and maintenance of the wastewater collection system and the POTW, and who are charged with certain duties and responsibilities by this regulation, or a duly authorized representative.

DOMESTIC WASTEWATER OR SEWAGE

Normal water-carried household and toilet wastes or waste from sanitary conveniences of residences, commercial buildings and industrial plants, excluding ground-, surface or stormwater. (See also: "industrial wastes.")

EASEMENT

An acquired legal right for the specific use of land owned by others.

ENFORCEMENT RESPONSE PLAN

A document developed by the Town based on federal and state regulations and guidance which provides Town personnel with guidelines for appropriate enforcement responses and suggested penalties for various types and duration of violations.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency or, where appropriate, the EPA Regional Water Management Division Director, or other duly authorized official of said agency.

EQUIVALENT RESIDENTIAL UNIT (ERU)

The equivalent residential unit (ERU) for calculating fees associated with sewer connections shall be considered a flow of 330 gpd based on a three-bedroom house.

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 307 of the Act.

FLOATABLE OIL

Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

FOOD SERVICE ESTABLISHMENT

Any facility that cuts, cooks, bakes, prepares or serves food, or which disposes of food-related wastes and/or which has a local, state and/or federal food service permit.

FOOD WASTE

The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

FOOD WASTE GRINDER

A device which shreds or grinds up solid or semisolid waste materials into smaller portions for discharge into the POTW.

FORCE MAIN

A pipeline without access from individual properties, providing a connection from a pump station to a pump station, trunk or sanitary sewer main.

GARBAGE

Any remaining residue or trash, other than food waste, i.e., plastic material and films, paper, cardboard, metal and other non-biodegradable waste resulting from the disposal, handling, preparation or manufacturing of the same. This type of material is not to be disposed of in any form or size to the sewer system; it is best disposed of into a dumpster.

GENERATOR

A facility that causes, creates, generates, stores or otherwise produces waste from on-site process operations, whether domestically or commercially generated, or as a by-product of some domestic or nondomestic activity. The generator is responsible for assuring that the produced waste is disposed of in accordance with all federal, state and local disposal regulations.

GRAB SAMPLE

A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

GREASE

Fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils and certain other non-fatty material from animal or vegetable sources, or from hydrocarbons of petroleum origins, commonly found in wastewater from food preparation and food service. Grease may originate from, but not limited to, discharges from scullery sinks, pot and pan sinks, dishwashing machines, soup kettles and floor drains located in areas where grease-containing materials may exist.

GREASE INTERCEPTOR or GREASE TRAP or INTERCEPTOR

A water-tight receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect and restrict the passage of grease and food particles into the POTW to which the receptacle is directly or indirectly connected and to separate and retain grease and food particles from the wastewater discharged by a facility.

GREASE INTERCEPTOR WASTE

Any grease, food particles, organic or inorganic solid or semisolid waste collected and intercepted by a grease interceptor or grease trap, usually in layers of floatable, suspended and settleable substances, which are ultimately removed from a grease interceptor for proper disposal. All layers must be removed for disposal.

HAULER

Those persons, firms or corporations who or which pump, haul, transport or dispose of septage and who or which are licensed by the Massachusetts Department of Environmental Protection.

HOMEOWNER'S ASSOCIATION

An organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a homeowner's association is to provide a common basis for preserving maintaining and enhancing their homes and property. Most homeowners' associations are nonprofit corporations. They are subject to state statutes that govern nonprofit corporations and homeowner's associations. The associations provide services, regulate activities, levy assessments and impose fines. Usually, each member of a homeowner's association pays assessments. Those assessments or dues are used to pay for expenses that arise from having and maintaining common property.

HUMAN EXCREMENT AND OTHER PUTRESCIBLE MATERIAL

The liquid or solid matter discharged from the intestinal canal of a human, or other liquid or solid waste materials that are likely to undergo bacterial decomposition.

INCOMPATIBLE POLLUTANT

Any pollutant other than biochemical oxygen demand, suspended solids, coliform bacteria or additional pollutants not identified or authorized in the discharge license or permit, which the treatment facility was not designed to treat and does not remove to a substantial degree; or such substances which cause or exert excessive dissolved oxygen demand; or such substances that are toxic to the biological treatment process.

INCOMPATIBLE WASTES

Wastes that have different processing, storage or disposal requirements, or whose mixture would inhibit the proper disposal or treatment of each type of waste, or wastes that if mixed may cause a dangerous chemical or physical reaction, including, but not limited to, grease interceptor waste and grit interceptor waste, grease interceptor waste and septic tank waste, seepage and hazardous waste, or any combination or combinations thereof.

INDIRECT DISCHARGE

The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.

INDUSTRIAL DISCHARGE PERMIT or IDP

The written permit between the Town and an industrial user that outlines the conditions under which discharge to the POTW will be accepted.

INDUSTRIAL USER

A person who discharges industrial wastes to the POTW of the Town.

INDUSTRIAL WASTES or NON-DOMESTIC WASTEWATER

The wastewater and waterborne wastes from any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources, as distinct from domestic wastewater, sewage or unpolluted water.

INFILTRATION

The quantity of groundwater that leaks into a public sewer line or into pipes located on private property that is connected into the public sewer through joints or porous walls or breaks.

INFLOW

Water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, sump pumps, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwater, surface runoff, street wash water or street drainage. Inflow does not include, and is distinguished from, infiltration by definition.

INSPECTION PORT

Openings with easily opened covers designed to allow inspectors quick access to the inlet flow control device, each compartment of the grease interceptor and the effluent from the interceptor.

INSTANTANEOUS DISCHARGE LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERMUNICIPAL AGREEMENT

A legal document for the purpose of authorizing one municipality to perform a service for another.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore is a cause of a violation of the Town'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: Section 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as "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; the Marine Protection, Research and Sanctuaries Act; 40 CFR Part 503 Standards for Sewage Sludge Use and Disposal.

LOCAL LIMITS

Numerical limitations on the discharge of pollutants established by the Town, as distinct from state or federal limitations for non-domestic wastewater discharged to the POTW.

MAY

Permissive (see "shall").

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, chemotherapy wastes and dialysis wastes.

MONITORING PORT

An inspection port large enough to allow temporary installation of monitoring devices such as samplers, strip recorders, flow meters or other such measuring and/or monitoring devices.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PRETREATMENT STANDARD

Any regulation containing pollution discharge limits promulgated by the USEPA 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.

NATURAL OUTLET

Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced subsequent to the publication of proposed pretreatment standards under Section 307(c) of the Act that 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; or

(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, will be considered.

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 that is necessary for the placement, assembly or installation of new source facilities or equipment; or

(2)

Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that 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.

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 A(2) or (3) above but otherwise alters, replaces or adds to existing process or production equipment.

NONCONFORMANCE

Any construction that does not conform to the standards and specifications for that project.

NON-CONTACT COOLING WATER

Water used for cooling that does not directly contact any raw material, intermediate product, waste product or finished product.

NORMAL DOMESTIC WASTEWATER

Wastewater generated by residential users containing not more than 200 mg/l BOD and not more than 250 mg/l suspended solids.

OUT-OF-TOWN SEWER SERVICE

Any extension of the Town sewer pipes to any property outside of the Town of Ayer boundaries. Determination of properties that are located partially in Ayer shall be based on the property address.

PASS-THROUGH

A discharge that exits the POTW into waters of the United States in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the Town's NPDES permit, including an increase in the magnitude or duration of a violation.

PERSON

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.

A logarithmic measure devised to express the hydrogen ion concentration of a solution, expressed in Standard Units. Solutions with pH values greater than seven are basic (or alkaline); solutions with pH values less than seven are acidic.

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 and industrial wastes, and characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

POLLUTION PREVENTION

The use of materials, processes or practices that reduce or eliminate the creation of pollutants or wastes at the source, or minimize their release to the environment prior to recycling, treatment or disposal. It includes practices that reduce the use of hazardous materials, energy, water or other resources. It also includes practices that protect natural resources and human health through conservation, more efficient use or effective release minimization.

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, introducing such pollutants into the POTW. 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.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS

Prohibited discharge standards, categorical standards as applicable to any significant industrial user subject to the USEPA categorical discharge standards and all applicable local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances as identified in § 435- 2.4 of this regulation.

PROPERLY SHREDDED GARBAGE

Wastes from the preparation, cooking and dispensing of food that have been processed to such a degree that all particles will be transported freely under the flow conditions normally prevailing in public sewers, with no particle greater than two inches in any dimension.

PUBLIC SEWER

A pipe or conduit that carries wastewater, stormwater, groundwater, subsurface water or unpolluted water from any source, which is controlled by a governmental agency or public utility.

PUBLICLY OWNED TREATMENT WORKS or POTW

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292) that is owned by the Town. 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. It also includes sewers, pipes and other conveyances only if these structures convey wastewater to a POTW wastewater treatment facility. The term also means the municipality that has jurisdiction over discharges to and from such a treatment plant, and any sewer that conveys wastewater to the POTW from persons outside the Town who are, by contract or agreement with the Town, users of the Town's POTW.

RECREATIONAL VEHICLE or RV

A mobile vehicle or trailer used for temporary living; e.g., a camper or wholly self-contained transport and living unit.

SANITARY SEWER

A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial facilities and institutions, together with minor quantities of ground-, storm- and surface waters that are not admitted intentionally.

SCREENING LEVEL

That concentration of a pollutant that under baseline conditions would cause a threat to personnel exposed to the pollutant or would adversely impact structures of the POTW. To be administered as local limits applicable to a particular discharge, the screening levels must be adjusted to account for conditions at the point of discharge that differ from baseline conditions.

SEMI-PUBLIC USE

Premises of private, nonprofit organizations such as schools, hospitals and religious institutions.

SEPTAGE or SEPTIC TANK WASTE

Any liquid, solid or sludge pumped from chemical toilets, vaults, septic tanks or cesspools or other holding tanks, that have received only domestic wastewater.

SEPTAGE TANK TRUCK

Any watertight vehicle that is used for the collection and hauling of septage as described above and that complies with the rules of the Massachusetts Department of Environmental Protection.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SEWER

A pipe or conduit that carries wastewater, stormwater, groundwater, subsurface water or unpolluted water from any source.

SHALL

Mandatory (see "may").

SIGNIFICANT INDUSTRIAL USER

A user subject to categorical pretreatment standards under 40 CFR 403.8 and 40 CFR Chapter I, Subchapter N; or

A user that:

(1)

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

(2)

Contributes a process waste stream that comprises 5% or more of the average dry-weather hydraulic or organic capacity of the POTW treatment plant; or

(3)

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.

Upon determining that a user meeting the criteria in Subsection B(1) or (2) 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 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.

SIGNIFICANT NONCOMPLIANCE or SNC

An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

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 during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Article 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, as defined by Article 2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by Article 2 (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;

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Department's exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or a general permit or enforcement order for starting construction, completing construction or attaining final compliance;

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;

Failure to accurately report noncompliance;

Any other violation(s), which may include a violation of best management practices, which the Department determines will adversely affect the operation or implementation of the local pretreatment program;

Any other discharge violation that the Department believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Department's exercise of its emergency authority to halt or prevent such a discharge.

SLUG LOAD or SLUG

Any discharge of water, wastewater, sewage or industrial sewage which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flow during normal operation;

Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in § 435-2.4 of this regulation; or

Any discharge that may adversely affect the collection system and/or performance of the POTW.

SOURCE REDUCTION

Any practice that:

(1)

Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal; and

(2)

Reduces the hazards to public health and the environment associated with the release of such substances, pollutants or contaminants. The term includes equipment or technology modifications; process or procedure modifications; reformulation or redesign of products; substitution of raw materials; and improvements in housekeeping, maintenance, training or inventory control.

The term "source reduction" does not include any practice that alters the physical, chemical or biological characteristics or the volume of a hazardous substance, pollutant or contaminant through a process or activity that itself is not integral to and necessary for the production of a product or the providing of a service.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STORM DRAIN or STORM SEWER

A drain or sewer for conveying stormwater, groundwater, subsurface water or unpolluted water from any source.

STORMWATER

Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

SUMP PUMP

A pump used to remove water that has accumulated in a water-collecting sump basin, commonly found in the basement of homes.

SUPERINTENDENT

The person designated by the Town to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this regulation, or a duly authorized representative.

SUSPENDED SOLIDS or TSS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and that is removable by laboratory filtering.

TOWN

The Town of Ayer, Massachusetts.

TREATMENT PLANT, TREATMENT WORKS or TREATMENT FACILITY

Any device or system used in the storage, treatment, equalization, recycling or reclamation of wastewater and/or wastewater sludges as defined herein.

UNPOLLUTED WATER

Water of quality equal to or better than the State Water Quality Standards or water that would not cause a violation of receiving water quality standards and would not be benefitted by discharge to the POTW.

USER or INDUSTRIAL USER

A source of pollutants introduced into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.

WASTEWATER

Liquid and water-carried industrial wastes and/or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.

WATERCOURSE

A natural or artificial channel for the passage of water either continuously or intermittently.