Specific Definitions. Unless the context specifically indicates otherwise, the following terms and phrases as used in this Article shall have the meanings hereinafter designated:
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.
The director in an NPDES State with an approved State pretreatment program and the administrator of the EPA in a non-NPDES State or NPDES State without an approved State pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER1. 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 decision-making functions for the corporation; or
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.
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)(1) through (A)(3) 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 BMPsSchedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section
705.570. 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, five (5) days at twenty degrees Celsius (20° C.) expressed in terms of weight and concentration (milligrams per liter).
BUILDING SEWERA sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARDAny 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 1, Subchapter N, Parts 405-471.
The City of Neosho or the City Council of Neosho, Missouri.
COMPATIBLE POLLUTANTBiochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus, any additional pollutants identified in the publicly owned treatment work's NPDES Permit, where the publicly owned treatment work is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's NPDES Permit.
COOLING WATERThe water discharged from any use such as air-conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DAILY MAXIMUMThe arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMITThe 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 measurement of the pollutant concentration derived from all measurements taken that day.
DIRECT DISCHARGEThe discharge of treated or untreated wastewater directly to the waters of the State of Missouri.
ENVIRONMENTAL PROTECTION AGENCY or EPAThe U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
GRAB SAMPLEA sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
HOLDING TANK WASTEAny waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDUSTRIAL USERA 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).
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.
INTERFERENCEA 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 LIMITSpecific 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.
MONTHLY AVERAGEThe sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
MONTHLY AVERAGE LIMITThe 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.
NEW SOURCE1. 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:
a. 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, should be considered.
Construction on a site on which is 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.
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
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.
NON-CONTACT COOLING WATERWater used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
PASS THROUGHA 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.
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 measure of the acidity or alkalinity of a solution, expressed in standard units.
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 certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
POLLUTIONThe man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
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.
PUBLICLY OWNED TREATMENT WORKS or POTWA 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.
Human excrement and gray water (kitchen, laundry, bathing, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER (SIU)A Significant Industrial User is:
1. An Industrial User subject to categorical Pretreatment Standards; or
An Industrial User that:
a. 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);
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
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.
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;
The Industrial User annually submits the certification statement required in Section
705.540(K) [see 40 CFR
403.12(q)], together with any additional information necessary to support the certification statement; and
The Industrial User never discharges any untreated concentrated wastewater.
SLUG LOAD or SLUG DISCHARGEAny discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section
705.570 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.
A classification pursuant to the "Standard Industrial Classification Manual" issued by the Executive Office of the President, Office of Management and Budget, 1972.
STORM WATERAny 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 publicly owned treatment works and who is charged with certain duties and responsibilities by this Article, or his/her duly authorized representative.
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.
TOTAL TOXIC ORGANICSThe summation of all quantifiable values greater than 0.01 mg/l for the following toxic organics; refer to Federal Register Volumes 48 to 132, Friday, July 15, 1983, Subpart A. Metal Finishing Subcategory, Section 433.11(e) TTO.
TOXIC POLLUTANTAny pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provision of CWA 307(a) or other acts.
WASTEWATERLiquid 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.