Definitions. Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this Chapter, 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.
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 decisionmaking functions
for the corporation; or
b.
The manager of one (1) 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.
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 highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
4.
The individuals described in Subsections
(1) through
(2) of this definition, 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 City.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section
720.020(A) and
(B) [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.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at twenty degrees Centigrade (20° C.), usually expressed
as a concentration (e.g., mg/l).
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 (5) feet [one and five-tenths (1.5) meters] outside
the inner face of the building wall.
BUILDING OFFICIAL
The designated inspection official of the City or his/her
authorized representative.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by 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.
CITY
The City of Mount Vernon.
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.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, the
Regional Administrator, or other duly authorized official of said
agency.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of foods and from the handling, storage and
sale of produce.
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
fifteen (15) minutes.
HAZARDOUS WASTE
Any discharge to the POTW of a substance which, if otherwise
disposed of, would be a hazardous waste.
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 that, 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
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 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.
LOCAL LIMIT
Specific discharge limits developed and enforced by the City
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.
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
MONTHLY AVERAGE LIMIT
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.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
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 that 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,
above, but otherwise alters, replaces, or adds to existing process
or production equipment.
3.
Construction of a new source as defined under this Subsection
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 definition.
NON-CONTACT COOLING WATER
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
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 any requirement of the City's NPDES permit, including
an increase in the magnitude or duration of a violation.
PERSON
Any individual, partnership, copartner ship, 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.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units, and maybe be averaged.
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 certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
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.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and is controlled by control authority.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which 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 and any conveyances, which convey wastewater to a treatment
plant.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dish washing
operations, etc.).
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)
1.
Except as provided in Subsections
(2) and
(3) of this definition, a significant industrial user is:
a.
An industrial user subject to categorical pretreatment standards;
or
b.
An industrial user that:
(1)
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, non-contact
cooling and boiler blowdown wastewater);
(2)
Contributes a process waste stream which makes up five percent
(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 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.
2.
The City may determine that an industrial user subject to categorical
pretreatment standards is a non-significant categorical industrial
user rather than a significant industrial user on a finding that the
industrial user never discharges more than one hundred (100) gallons
per day (gpd) of total categorical wastewater (excluding sanitary,
non-contact cooling and boiler blowdown wastewater, unless specifically
included in the pretreatment standard) and the following conditions
are met:
a.
The industrial user, prior to City's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
b.
The industrial user annually submits the certification statement required in Section
720.060(N)(2) [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.
3.
Upon a finding that a user meeting the criteria in Subsection
(1)(b) of this definition 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 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.
SLUG LOAD OR SLUG DISCHARGE
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section
720.020(A) of this Chapter. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
STORMWATER
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
THE PUBLIC WORKS DIRECTOR
The person designated by the City to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this Chapter. The term also means a duly authorized representative
of the Public Works Director. Duly authorized representative must
be an individual having responsibility for the overall operation of
the facility or the pretreatment program. This authorization must
be made in writing by the principal executive officer or ranking elected
official, and submitted to the approval authority. For the purposes
of this Chapter, the Public Works Director is the duly authorized
representative.
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.