Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," herein the "Act," as amended, 33 U.S.C. § 1251
et seq.
Any person requesting approval to discharge wastewaters into
the municipal facilities or a new connection to the wastewater works.
The Region 1 Administrator of the U.S. Environmental Protection
Agency or his authorized representative.
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 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 Pretreatment Coordinator.
The total volume of sewage in gallons measured at a metering
station or other point during a continuous period of 365 days divided
by 365.
Practices, such as preventive maintenance, scheduling of
activities or process alterations, which enable the user to comply
with the provisions of this chapter or any applicable state and/or
federal guidelines. 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 pipe which connects to a building drain conveying waste
from plumbing fixtures within a building to a Town sanitary or combined
sewer, a private sanitary or combined sewer, or other place of disposal.
The building sewer begins 10 feet outside the inner face of the building
foundation wall and extends to and includes the connection to the
Town or private wastewater systems.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which apply to a specific category of users and which existed on the effective date of this chapter and codified at 40 CFR, Chapter 1, Subchapter N, Parts 405 - 471, as the same may from time to time be amended.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The City of Fitchburg, Massachusetts.
A sewer designed to receive both wastewater and surface runoff.
The Water/Wastewater Commission of Fitchburg, or its duly
authorized representative.
The Commissioner of the Public Works Department of Fitchburg,
or his duly authorized representative.
The Commonwealth of Massachusetts.
A sample which represents many aliquots taken throughout
an extended time period, typically 24 hours.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
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 person designated by the City to supervise the operation
of the pretreatment program who is charged with certain duties and
responsibilities by this chapter, or his duly authorized representative.
Either the previously negotiated agreements or a wastewater
discharge permit, and includes the criteria for discharge to the East
or West Fitchburg Treatment Plant, as appropriate.
The wastewater derived principally from dwellings, business
buildings, institutions and the like. It may or may not contain groundwater,
surface water, stormwater or process or wash water from industrial
enterprises.
Individuals, partnerships, organizations or corporations
authorized by the Sewer Commission to install sewer connections. Such
authorization shall take the form of a permit issued by the Sewer
Commission and shall only be valid for a single installation or group
of installations under a contract or agreement.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
Amounts or concentrations of a constituent of a wastewater
which, in the judgment of the Commissioner, or his/her designee, will
cause damage to any Town or City facility; will be harmful to a wastewater
treatment process; cannot be removed in the POTW to the degree required
to meet the limiting stream classification standards of the Nashua
River and/or EPA and state effluent standards; can otherwise endanger
life, limb or public property; and can constitute a nuisance.
Any source of discharge that is not a "new source."
Includes structures and conduits for the purpose of collecting,
treating, neutralizing, stabilizing or disposal of domestic wastewater
and/or industrial or such other wastewaters as are disposed of by
means of such structures and conduits, including treatment and disposal
works, necessary intercepting, outfall and outlet sewers and pumping
stations integral to such facilities with sewers, equipment, furnishings
thereof and other appurtenances connected therewith.
The City of Fitchburg, Massachusetts, Department of Public
Works, Wastewater Division or other relevant division(s).
Oil, fat or grease of animal or vegetable origin, or petroleum-derived
oil or grease in a physical state such that it will separate by gravity
from waste by treatment in an approved pretreatment facility.
The discharge from a food-handling, food-production or food-packaging
establishment of fats, wax, oils, and grease into the Town's
or City's wastewater system, and which shall be authorized only
pursuant to a validly issued Board of Health permit. Such food establishments
shall include commercial/industrial establishments or other establishments
deemed appropriate by the FDPW/WDPW that include as a part of their
operations the handling, preparation and/or distribution of food.
The animal and vegetable wastes resulting from the handling,
preparation, cooking and serving of food. It is composed largely of
putrescible organic matter and its natural moisture content.
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
15 minutes.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or introduction of nondomestic pollutants from
any source subject to or regulated under Section 307(b), (c) or (d)
of the Act into the POTW (including holding-tank waste discharged
into the system).
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act (33 U.S.C. § 1342).
All water-carried wastes and wastewater, excluding domestic
wastewater and unpolluted water; includes all wastewater from any
producing, manufacturing, processing, testing, institutional, commercial,
agricultural or other operation where the wastewater discharged includes
nondomestic wastes.
An establishment with facilities for mechanical, testing,
trade or manufacturing purposes.
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 Town's
or City's 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 or criteria applicable to
the method of disposal or use employed by the POTW:
Section 405 of the Act;
The Solid Waste Disposal Act,[1] 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,
or that would prevent sewage sludge use under 310 CMR 32;
The Clean Air Act[2];
The Toxic Substances Control Act[3]; and
The Marine Protection, Research, and Sanctuaries Act.[4]
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).
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 regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the ACT which apply to a specific category of users and which existed on the effective date of this chapter and codified as 40 CFR, Chapter 1, Subchapter N, Parts 404 through 471, as the same may from time to time be amended.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
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 which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
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 if 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 shall be considered.
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.
For the purposes of this definition, construction of a "new
source" has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on site construction
program:
Any replacement, assembly or installation of facilities or equipment;
or
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
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 subsection.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A twenty-four-hour day in which the standard and routine
operations and work of the facility are conducted. It would include
but is not limited to daily cleaning, routine maintenance and production.
It would not include work stoppages, scheduled and unscheduled shutdowns,
holiday schedules, major cleanups and the like.
Any material (animal, vegetable or hydrocarbon) which is
extractable from an acidified sample of a waste by Freon or other
designated solvent, and as determined by the appropriate standard
procedure.
A discharge which exits the POTW into waters of the Commonwealth
or 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, co-partnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, federal, state or local, or any other entity or legal representative,
agents or assigns of any of them.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical waste,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural and commercial wastes and certain characteristics
of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity or odor) or any other contaminant.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
The person, designated by the City to carry out certain duties
associated with the industrial pretreatment program, that is charged
with certain duties and responsibilities by this chapter, or his duly
authorized representative.
The reduction of the amount of pollutants, the elimination
of pollutants, the alteration of the nature 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 pollutants into the POTW. The reduction or alteration can be
obtained by physical, chemical or biological processes or process
changes other than means, except by diluting the concentration of
the pollutants as prohibited by 40 CFR 403.6(d), unless allowed by
an applicable categorical pretreatment standard.
Any substantive or procedural requirement related to pretreatment,
other than a categorical pretreatment standard, imposed on an industrial
user.
Prohibited discharge standards, categorical standards and
local limits.
Absolute prohibitions against the discharge of certain substances as set forth in Article III of this chapter.
Garbage 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 1/2 inch
(1.27 centimeters) in any dimension.
A drain located in a public way or easement in which all
owners of abutting properties have equal rights, and is under the
full care and control of the Town.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
The Town or City-owned treatment works, as defined in Section
212 of the Act (33 U.S.C. § 1292). This definition includes
any devices and systems used in the storage, treatment, recycling
and reclamation of liquid wastes including sewers that convey wastewater
to the POTW treatment plant. For the purposes of this Chapter, "POTW"
shall also include any sewers that convey wastewaters to the POTW
from persons outside the Town/City who are, by contract or agreement
with the Town/City, users of the Town's/City's POTW. The
term also means the Town/City and/or its agents having jurisdiction
over indirect discharges to and the discharges from such treatment
works.
Any watercourse, river, pond, ditch, lake, aquifer or other
body of surfacewater or groundwater receiving discharge of wastewaters.
A sewer which carries wastewater and to which stormwaters,
surfacewaters and groundwaters are not intentionally admitted.
Any sludge and wastewater from holding tanks such as vessels,
chemical toilets, campers, trailers septic tanks and cesspools, that
is removed and transported by a septage waste hauler, for disposal
and treatment at a POTW.
A pipe or conduit for carrying wastewater.
The Public Works Commission as appointed by the Select Board
of the Town of Westminster or their authorized agents or representatives.
[Amended 5-1-2021 ATM by Art. 17]
A sewer pipeline running laterally from a street sewer, an
off-street sewer or a trunk sewer to an individual tract, lot or parcel
of land to serve one or more houses or other buildings, whether or
not connected to any house or building.
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gallons per day (gpd) or more
of process wastewater to the POTW per normal operating day;
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the Pretreatment Coordinator on the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or
requirement.
The Deputy Commissioner may determine that an industrial user
subject to categorical pretreatment standards is a nonsignificant
categorical industrial user rather than a significant industrial user
on a finding that the industrial user never discharges more than 100
gallons per day (gpd) of total categorical wastewater (excluding sanitary,
non-contact cooling and boiler blowdown wastewater, unless specifically
included in the categorical pretreatment standard) and the following
conditions are met:
The Industrial user, prior to City's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The Industrial user annually submits the certification statement
required in 40 CR 403.12(q), together with any additional information
necessary to support the certification statement; and
The Industrial user never discharges any untreated concentrated
wastewater.
Upon a finding that a user meeting the criteria in the above Subsection C(1), (2) and (3) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Pretreatment Coordinator 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.
Chronic violations of wastewater discharge limits, defined here
as those in which 66% 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, as defined by 40 CFR 403.3(I);
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken for the
same pollutant parameter during a six-month period equal or exceed
the product of the numeric pretreatment standard or requirement including
instantaneous limits, as defined by 40 CFR 403.3(I) 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
as defined by 40 CFR 403.3(I) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW 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 40 CFR § 403.8
paragraph (f)(1)(vi)(B) of this section 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 may include
a violation of best management practices, which the POTW determines
will adversely affect the operation or implementation of the local
Pretreatment program.
Any discharge at a flow rate or concentration, which could
cause a violation of the prohibited discharge standards. Any discharge
of a nonroutine, 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.
A "slug" shall also include any discharge of water, wastewater or
industrial waste 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 a normal operating day.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Those methods outlined in the most recent edition of the
EPA manual Methods for Chemical Analysis of Water and Wastes and/or
the APHA, AWWA, WPCF publication Standard Methods for the Examination
of Water and Wastewater, or in 40 CFR 136.
The Massachusetts Department of Environmental Protection,
Division of Water Pollution Control.
A sewer which carries stormwater, surface water, groundwater
or drainage but excludes wastewater and industrial wastes, other than
unpolluted cooling water.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The Director of Public Works of the Town of Westminster or
his authorized deputy, agent or representative.
Solids that either float on the surface of or are in suspension
in water, wastewater or other liquids and which are removable by laboratory
filtering and are referred to as "nonfilterable residue" in the laboratory
test prescribed in Standard Methods for the Examination of Water and
Wastewater.
The Town of Westminster, Massachusetts.
Any substance or mixture, whether gaseous, liquid or solid,
which, when discharged into the sewer system, may tend to interfere
with any wastewater treatment process, constitute a hazard to human
beings or animals, inhibit aquatic life or create a hazard to recreation
in the receiving waters of the effluent from the POTW treatment plant.
A condition in water or wastewater caused by the presence
of suspended matter, resulting in the scattering and absorption of
light rays; measure of fine suspended matter in liquids; analytical
quantity usually reported in arbitrary turbidity units determined
by measurements of light diffraction.
Water whose discharge will not cause any violation of receiving
water standards of the Commonwealth of Massachusetts.
An incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards or the provisions
of this chapter because of factors beyond the control of the user.
An "upset" does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless
or improper operation.
Any person who contributes, causes or permits the contribution
of wastewater into the Town's or City's POTW.
Substances in liquid, solid or gaseous form that can be carried
in water.
The spent water of a community and may be a combination of
the liquid and water-carried wastes from residences, commercial buildings,
industrial plants and institutions, together with any groundwater,
surface water and stormwater, whether treated or untreated, which
are contributed to the POTW.
The permit required of significant industrial users to discharge to the Town's or City's POTW, as set forth in § 161-34 of this chapter.
Any arrangement of devices and structures used for treating
wastewater.
All structures, equipment and processes for collecting, pumping,
treating and disposing of wastewater.
A channel in which a flow of water occurs, whether continuously
or intermittently.
The Town of Westminster, Massachusetts, Department of Public
Works, Sewer Department or other relevant division(s).
"Shall" is mandatory; "May" is permissive.
A.
Abbreviations.
(1)
Abbreviations. The following abbreviations shall have the designated
meanings:
|
BOD
|
Biochemical Oxygen Demand
|
|
BMP
|
Best Management Practice
|
|
BMR
|
Baseline Monitoring Report
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
Categorical Industrial User
|
|
COD
|
Chemical Oxygen Demand
|
|
EPA
|
U.S. Environmental Protection Agency
|
|
IU
|
Industrial User
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
NSCIU
|
Non-Significant Categorical Industrial User
|
|
POTW
|
Publicly Owned Treatment Works
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
SIU
|
Significant Industrial User
|
|
SNC
|
Significant Noncompliance
|
|
TSS
|
Total Suspended Solids
|
|
U.S.C.
|
United States Code
|
B.
Interpretation.
(1)
In the construction of this chapter, the use of the masculine gender
shall include the feminine, and the singular shall include the plural
where context so indicates.
(2)
This chapter shall be construed and interpreted so as to be consistent
with the Act and the regulations of the EPA promulgated thereunder.
It is the intent of the Town/City to vest the Sewer Commission/Commission
with all the powers necessary and reasonably useful to fulfill the
Town's/City's and the POTW's obligations under the
Act and regulations promulgated thereunder and any stricter or additional
obligations imposed by the Commonwealth or its agencies.
(3)
Whenever reference is made to any federal or state statute or regulation,
it shall mean the statute or regulation existing on the effective
date of this chapter and as the context permits or requires. It shall
also mean and include the statute or regulation as the same may from
time to time be amended.
