Unless the context specifically indicates otherwise, the following terms and phrases, as used in these regulations, shall have the meanings hereinafter designated:
ACTThe Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq., and the regulations promulgated thereunder, as amended from time to time.
AUTHORIZED REPRESENTATIVEAn authorized representative of a user may be as follows:
A. If the industrial user is a corporation, "authorized representative" shall mean:
(1) The president, secretary, 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 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.
If the industrial user is a partnership or sole proprietorship, an "authorized representative" shall mean a general partner or the proprietor.
The individuals described in Subsections
A and
B above 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 indirect discharge originates or having overall responsibility for environmental matters for the company, and the authorization is submitted to the Director.
If the designation of an authorized representative under Subsection
C above 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 this definition must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.
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 terms of milligrams per liter (mg/l), in the biochemical oxidation of organic matter under standard laboratory procedure.
BYPASSThe intentional diversion of waste streams from any portion of an industrial user's treatment facility.
CONSISTENT REMOVALThe reduction in the amount of a pollutant or alteration of the nature of a pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent, as set forth in 40 CFR 403.7.
CONTROL AUTHORITYThe Town of Erving, as owner of the POTW, acting through the Director of the Town of Erving Department of Public Works.
COOLING WATERThe water discharged from any use, such as air conditioning, cooling, or refrigeration, to which the only pollutant added is heat.
DIRECT DISCHARGEThe discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Massachusetts.
DIRECTORThe Director of the Town of Erving Department of Public Works ("DPW"), designated by the Select Board of the Town to supervise the operation of the POTWs, and who is charged with certain duties and responsibilities under these regulations, or the Director's duly authorized representative.
DIVISIONThe Director of the Water Management Division of the U.S. Environmental Protection Agency ("EPA"), and the Director of the Division of Water Pollution Control in the Massachusetts Department of Environmental Protection ("DEP"), established pursuant to MGL c. 21, §
26.
Any residence, building, structure, facility, or installation from which there is or may be discharged, to a POTW only, sanitary sewage, in an amount less than 2,000 gallons per day, as determined in accordance with the sewage flow estimate published at 314 CMR 7.15, which is incorporated herein by reference.
GARBAGESolid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
INDIRECT DISCHARGEThe discharge or the introduction into a POTW of pollutants from any source, other than a domestic source, regulated under Section 307(b), (c), or (d) of the Act.
INDUSTRIAL USERA source of indirect discharge or any source which discharges 2,000 or more gallons per day of sanitary sewage to a POTW.
INDUSTRIAL WASTEAny liquid, gaseous, or solid waste substance, or a combination thereof, resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources.
INTERFERENCEA discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal and which is a cause of a violation of any requirement of the Town of Erving's NPDES permits (including an increase in the magnitude or duration of a violation), or of the prevention of sewage sludge use or disposal by a POTW in accordance with applicable federal, state, or local statutes and regulations or permits issued thereunder, as set forth in 40 CFR 403.3.
NATIONAL PRETREATMENT STANDARD or PRETREATMENT STANDARDAny regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act which applies to industrial users, including prohibitive discharge limits established pursuant to 40 CFR 403.5.
NEW SOURCEAny 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, as described in 40 CFR 403.3(m).
PASS-THROUGHThe discharge of pollutants through a POTW into navigable waters in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the Town of Erving's NPDES permits (including an increase in the magnitude or duration of a violation).
PERSONAny individual, partnership, copartnership, firm, 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.
pHThe logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANTAny dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
POLLUTIONThe presence in the environment of conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant, or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout such areas as may be affected thereby.
POTW TREATMENT PLANTThat portion of a POTW designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
PRETREATMENTThe 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 pollutant into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTAny substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on a user.
PUBLICLY OWNED TREATMENT WORKS (POTW)Any of the three treatment works, as defined by Section 212 of the Act, owned by the Town of Erving and known as the Erving Center Wastewater Treatment Plant, the Farley Wastewater Treatment Plant and the Miller Falls Wastewater Treatment Works. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes those sewers, pipes, and other conveyances only if they convey wastewater to a POTW. For the purposes of these regulations, "POTW" shall also include any sewers that convey wastewaters to a POTW from persons who are, by permit, contract, or agreement with the Town, users of the Town POTW.
SANITARY SEWAGELiquid and water-carried human and domestic wastes from residences, commercial buildings, industrial plants and institutions, exclusive of ground-, storm- and surface water and exclusive of industrial wastes.
SANITARY SEWERA sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground-, storm-, and surface waters that are not admitted intentionally.
SEVERE PROPERTY DAMAGESubstantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.
SEWAGESpent water of a community. The preferred term is "wastewater."
SEWERA pipe or conduit that carries wastewater.
SEWERAGE SYSTEMAny device, equipment, or works used in the transportation, pumping, storage, treatment, recycling, and reclamation of sewage and industrial wastes.
SHALL; MAY"Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USERAll industrial users subject to categorical pretreatment standards, and any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to a POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of a POTW treatment plant; or is designated as such by the Director on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation. The Director may at any time, upon his or her own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCEAn industrial user is in significant noncompliance if its violation meets one or more of the following criteria as set forth at 40 CFR 403.8(f)(2)(viii):
A. Chronic violations of wastewater discharge limits, defined here as those in which 60% or more of all of 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;
Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director 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 human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under Article
VI to halt or prevent such a discharge;
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance;
Any other violation or group of violations which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
SLUDGEWaste containing varying amounts of solid contaminants removed from water, sanitary sewage, wastewater or industrial wastes by physical, chemical, and biological treatment.
SLUGAny discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill, noncustomary batch discharge, or any discharge of wastewater 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, or which may adversely affect the sewerage system.
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, as amended from time to time.
STORMWATERAny flow occurring during or following any form of natural precipitation, and resulting therefrom.
SUSPENDED SOLIDSThe total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
TOWNThe Town of Erving acting through its Select Board and Department of Public Works ("DPW").
TOXIC POLLUTANTAny pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under Section 307(a) of the Act, or other acts; or in regulations promulgated under MGL c. 21, including, but not limited, to 314 CMR 3.00, 7.00, and 12.00.
USERAny domestic source or industrial user which discharges wastewater to a POTW.
WASTEWATERThe liquid and water-carried industrial, nondomestic or domestic wastes, including sewage, industrial waste, other wastes, or any combination thereof, from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present.
WATERS OF THE COMMONWEALTHAll streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, border upon or are within the jurisdiction of the commonwealth.