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 ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251, et seq.
APPROVAL AUTHORITY
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 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 decision-making 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 (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 BMPs
Schedules 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.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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 SEWER
A sewer conveying wastewater from the premises of a user
to the POTW.
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
1, Subchapter N, Parts 405-471.
CITY
The City of Neosho or the City Council of Neosho, Missouri.
COMPATIBLE POLLUTANT
Biochemical 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 WATER
The water discharged from any use such as air-conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
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 measurement
of the pollutant concentration derived from all measurements taken
that day.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of Missouri.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The 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 SAMPLE
A 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 WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDUSTRIAL USER
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).
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.
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 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
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 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.
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 Subsection.
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, 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.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
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).
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
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.
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.
SEWAGE
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
2.
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);
b.
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
c.
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.
3.
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
705.540(K) [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.
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
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.
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.
STORM WATER
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
SUPERINTENDENT
The 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 SOLIDS
The 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 ORGANICS
The 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 POLLUTANT
Any 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.
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.