[Ord. of 5-5-2008]
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part, shall have the meanings hereinafter designated:
A.S.T.M.The American Society for Testing and Materials.
ACT or THE ACTThe Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
AUTHORIZED REPRESENTATIVE OF THE USER(a) If the user is a corporation:
(1) 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 decisionmaking functions for the corporation; or
The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if 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 highest official appointed or designated to oversee the operation and performance of the activities of the government facility.
The individuals described in Paragraphs (a) through (c), 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 discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
BIOCHEMICAL OXYGEN DEMAND or BODThe 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).
BUILDERAny person, persons or corporations who undertake to construct, either under contract or for resale, any habitable building.
BUILDING DRAINThat 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 SEWERThe extension from the building drain to the public sewer or other place of disposal, also called "house connection." The building sewer shall be owned and maintained by the owner of the property served.
BYPASSThe intentional diversion of waste streams from any portion of a wastewater treatment facility.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARDAny 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 405-471.
CITYThe City of Old Town, Maine.
CITY COUNCILThe duly elected City Council of the City of Old Town or its authorized deputy or representative.
COMBINED SEWERA sewer intended to receive both wastewater and stormwater or surface water.
COMMERCIAL USEPremises used for financial gain, such as business or industrial use, but excluding residential uses and related accessory uses.
COMMISSIONERThe Commissioner of the Maine Department of Environmental Protection, or the Commissioner's duly appointed agent.
CONTRACTORAny person, firm or corporation approved by the City Council to do work for the City.
DEP or MEDEPThe Maine Department of Environmental Protection.
DEVELOPERAny person, persons or corporation who undertakes to construct simultaneously more than one housing unit on a given tract or land subdivision.
DOMESTIC WASTEWATER OR SEWAGENormal water-carried household and toilet wastes or waste from sanitary conveniences of residences, commercial buildings, and industrial plants, excluding groundwater, surface water, or stormwater and containing no industrial waste. (See also "industrial wastes.")
EASEMENTAn acquired legal right for the specific use of land owned by others.
ENVIRONMENTAL PROTECTION AGENCY or EPAThe United States Environmental Protection Agency or, where appropriate, the EPA Regional Water Management Division Director, or other duly authorized official of said agency.
EXISTING SOURCEAny source of discharge, the construction or operation of which commenced prior to the publication by the 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 OILOil, 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.
FORCE MAINA line without access from individual properties, providing a connection from a pump station to a pump station, trunk, or sanitary sewer main.
GARBAGEThe animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
GRAB SAMPLEA 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.
GREASEThe material removed from a grease interceptor (trap) serving a restaurant or other facility requiring such grease interceptors; also means volatile and nonvolatile residual fats, fatty acids, soaps, waxes and other similar materials.
HAULERThose persons, firms, or corporations who pump, haul, transport, or dispose of septage and who are licensed by the Maine Department of Environmental Protection pursuant to the DEP's Rules (06-096, Chapter 411) and rules adopted to implement said section.
INDIRECT DISCHARGE or DISCHARGEThe introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
INDUSTRIAL DISCHARGE PERMIT or IDPThe written permit between the City and an industrial user that outlines the conditions under which discharge to the POTW will be accepted.
INDUSTRIAL USERA person who discharges industrial wastes to the POTW of the City.
INDUSTRIAL WASTES or NONDOMESTIC WASTEWATERThe wastewater and water-borne 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.
INSTANTANEOUS DISCHARGE LIMITThe 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.
INTERFERENCEA 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 City's MEPDES 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; and 40 CFR Part 503, Standards for Sewage Sludge Use and Disposal.
LOCAL LIMITSNumerical limitations on the discharge of pollutants established by the City, as distinct from state or federal limitations for nondomestic wastewater discharged to the POTW.
MANAGERThe City Manager of Old Town or his/her authorized deputy, agent or representative.
MAYPermissive (see also "shall").
MEDICAL/INFECTIOUS WASTEIsolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, chemotherapy wastes, discarded medications, and dialysis wastes.
NATURAL OUTLETAny outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
NEW SOURCE(a) 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
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
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 paragraph 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
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
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 paragraph.
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.
NONCONTACT COOLING WATERWater used for cooling that does not directly contact any raw material, intermediate product, waste product, or finished product.
NORMAL DOMESTIC WASTEWATERWastewater generated by residential users containing not more than 200 mg/l BOD and not more than 250 mg/l suspended solids.
PASS-THROUGHA 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, 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.
PERSONAny 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.
pHA logarithmic measure devised to express the hydrogen ion concentration of a solution, expressed in standard units. Solutions with pH values greater than 7 are basic (or alkaline); solutions with pH values less than 7 are acidic.
PHARMACEUTICAL WASTEA prescription drug or nonprescription or proprietary medicine that is no longer suitable for its intended purpose or is otherwise being discarded.
POLLUTANTDredged 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 PREVENTIONThe 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.
PRETREATMENTThe 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 REQUIREMENTSAny substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRIVATELY OWNED CONVEYANCE SYSTEMAny sewer service, preexisting or newly constructed, that is not owned or maintained by the City and that serves, or is intended to serve, more than one connection.
PROPERLY SHREDDED GARBAGEWastes from the preparation, cooking, and dispensing of food that have been shredded 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 1/2 inch in any dimension.
PROPERTY LINEThe curbline if the building sewer is to connect with the public sewer in a public street. "Property line" shall mean the edge of a sewer right-of-way in those instances where the building sewers connect to the public sewer in a right-of-way.
PUBLIC SEWERA 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 POTWA "treatment works," as defined by Section 212 of the Act (33 U.S.C. § 1292), that is owned by the City. 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 City who are, by contract or agreement with the City, users of the City's POTW.
RECREATIONAL VEHICLE or RVA mobile vehicle or trailer used for temporary living, e.g., a camper or wholly self-contained transport and living unit.
SANITARY SEWERA sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial facilities, and institutions, together with minor quantities of groundwater, stormwater, and surface waters that are not admitted intentionally.
SCREENING LEVELThat 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.
SEMIPUBLIC USEPremises of private, nonprofit organizations, such as schools, hospitals, and religious institutions.
SEPTAGE or SEPTIC TANK WASTEAny 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 TRUCKAny watertight vehicle that is used for the collection and hauling of septage, as described above, and that complies with the rules of the DEP and MDOT.
SEWAGEHuman excrement and gray water (household showers, dishwashing operations, etc.).
SEWERA pipe or conduit that carries wastewater, stormwater, groundwater, subsurface water, or unpolluted water from any source.
SHALLMandatory (see also "may").
SIGNIFICANT INDIRECT DISCHARGERAn indirect discharger that meets one or more of the following criteria:
(a) Is subject to National Categorical Pretreatment Standards under 40 CFR 403.6;
Discharges an average of 10,000 gallons per day or more of process wastewater;
Discharges a process wastewater which contributes 5% or more of the hydraulic or organic loading to the wastewater treatment plant;
Discharges medical/infectious waste, pharmaceutical waste, or radiological waste; or
Is designated as such by the municipality as having a reasonable potential for adversely affecting the POTW's operation or performance or for violating any pretreatment standard or requirement.
SIGNIFICANT INDUSTRIAL USER(a) 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);
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
Is designated as such by the City 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 City 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 SNCAn industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
(a) Chronic violations. A pattern of violating the same pretreatment standard daily maximum or average limit (any magnitude of exceedence) 66% or more of the time in a six-month period.
Technical Review Criteria (TRC violations). 33% or more of the measurements exceed the same pretreatment standard daily maximum limit or average limit by more than the TRC factor in a six-month period. The TRC factor is 1.4 for biochemical oxygen demand (BOD), total suspended solids (TSS), oil and grease and 1.2 for all other pollutants.
Any other discharge violation that the Superintendent 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 Superintendent'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 a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.
Failure to provide, within 30 days after the due date, any required reports, including industrial discharge permit applications, periodic self-monitoring reports, and reports on compliance with compliance schedules.
Failure to accurately report noncompliance.
Any other violation(s) that the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD or SLUG(a) 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 §
16-2.4 of this Part; or
Any discharge that may adversely affect the collection system and/or performance of the POTW.
SOURCE REDUCTION(a) 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
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.
STATE PLUMBING CODESubsurface wastewater disposal rules published in the Code of Maine Rules by DHHS at 22 M.R.S.A. § 42, aka the "State of Maine Plumbing Code," as amended.
STORM DRAIN or STORM SEWERA drain or sewer for conveying stormwater, groundwater, subsurface water, or unpolluted water from any source.
STORMWATERAny flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
SUPERINTENDENTThe person designated by the City to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this Part, or a duly authorized representative.
SUSPENDED SOLIDS or TSSThe 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.
UNPOLLUTED WATERWater 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 USERA source of pollutants introduced into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
WASTEWATERLiquid 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.
WATERCOURSEA natural or artificial channel for the passage of water, either continuously or intermittently.