A. ACT APPLICANT AUTHORIZED REPRESENTATIVE(1) (2) (3) (4) BEST MANAGEMENT PRACTICES or BMPS BIOCHEMICAL OXYGEN DEMAND (BOD) BUILDING BUILDING DRAIN BUILDING SEWER BUY-IN FEES CATEGORICAL STANDARDS CAUSTIC ALKALINITY (HYDROXIDE ALKALINITY) CHEMICAL OXYGEN DEMAND (COD) COMBINED SEWER COMMERCIAL PROPERTY COMMERCIAL WASTES COOLING WATER CUSTOMER DAILY MAXIMUM LIMIT DEP DISTRICT DOMESTIC SOURCE DOMESTIC WASTES EASEMENT EPA EXCESSIVE FACILITIES FATS, OIL AND GREASE (FOG)(1) (2) FORCE MAIN GARBAGE INDIRECT DISCHARGE OR DISCHARGE INDUSTRIAL DISCHARGE PERMIT or PERMIT INDUSTRIAL USER INDUSTRIAL WASTES INTERCEPTOR INTERFERENCE INVERT LOCAL LIMITS MEPDES MG/L MONTHLY AVERAGE MONTHLY AVERAGE LIMIT MULTIFAMILY RESIDENTIAL PROPERTY NAICS (NATIONAL) CATEGORICAL PRETREATMENT STANDARD NATURAL OUTLET NEW SOURCE(1) (a) (b) (c) (d) (2) (a) [1] [2] (b) NONCATEGORICAL SIGNIFICANT INDUSTRY NONCONTACT COOLING WATER NONSIGNIFICANT INDUSTRY OFFICIAL NOTICE OPERATION AND MAINTENANCE OTHER WASTE OWNER PASS THROUGH PERSON pH PHENOLIC COMPOUNDS POLLUTANT POLLUTION PORTLAND WATER DISTRICT or DISTRICT POTW TREATMENT PLANT POTW-PUBLICLY OWNED TREATMENT WORKS (FACILITY) PRETREATMENT PRETREATMENT REQUIREMENTS PRETREATMENT STANDARDS or STANDARDS PRIVATE SEWER SYSTEM PRIVATE WASTEWATER DISPOSAL SYSTEM PROPERLY SHREDDED GARBAGE PUBLIC SEWER READINESS-TO-SERVE FEE RECEIVING WATERS REPLACEMENT RESIDENTIAL PROPERTY RESIDUALS MANAGEMENT PROGRAM SANITARY SEWAGE SANITARY SEWER SCREENING LEVEL SEPTAGE SEPTIC TANK SEWAGE SEWER SEWER USER SHORT-TERM RENTAL SIGNIFICANT INDUSTRIAL USER(1) (a) (b) [1] [2] [3] (2) SIGNIFICANT NONCOMPLIANCE(1) (2) (3) (4) (5) (6) (7) (8) SLUDGE (BIOSOLIDS) SLUG SOLIDS DISPOSAL OPERATIONS SPILL STORM DRAIN STORMWATER SUPERINTENDENT SUSPENDED SOLIDS (SS) TOWN TOXIC POLLUTANT UNPOLLUTED WATER USEFUL LIFE USER USER CHARGE WASTE WASTEWATER WASTEWATER FACILITIES WASTEWATER TREATMENT WORKS WATERCOURSE WATERS OF THE STATE
All words not defined herein shall have their normal meaning or such meaning as may be in common use in the field of sanitation and wastewater treatment. "Shall" is mandatory; "may" is permissive. For the purposes of this chapter, the following terms shall have the meanings indicated. Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et. seq., 86 Stat 816, Pub L 92-500 and the regulations promulgated thereunder, as amended from time to time.
Any person requesting approval to discharge industrial or domestic wastewaters into facilities in the Windham/Portland Water District Wastewater System.
Duly authorized representative appointed by a user who is:
A principal executive officer of at least the level of vice president, if the user is a corporation;
A general partner or proprietor if the user is a partnership or sole proprietorship, respectively;
A member of the governing board or executive officer of a governmental entity, if the user is a governmental facility; or
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the industrial discharge originates, or has overall responsibility for environmental matters for the user; provided, however, that the authorization is made in writing by the individual described above, and the written authorization is submitted to the District.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). Best management practices also 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 or organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter/building.
A structure built, erected and framed of component structural parts designed for the housing, shelter, enclosure or support of persons, animals or property of any kind for commercial, residential or industrial uses.
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. The building drain extends 10 feet outside the inner face of the building wall.
The extension from the building drain to the public sewer or other place of disposal, also called "house connection."
Charges assessed to customers requesting new or expanded service by the Windham/Portland Water District sewer system. The fees represent the equity value to the customer resulting from the new connection to and/or expanded service from the Windham/Portland Water District's sewer system.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 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 to 471.
That material which raises the pH of water above 8.3, equivalent to (2 x phenolphthalein alkalinity— total alkalinity).
The quantity of oxygen utilized in the chemical oxidation of matter under standard laboratory procedure, expressed in milligrams per liter.
A sewer intended to receive both wastewater and storm or surface water.
Premises used for financial gain, including but not limited to businesses, restaurants, shops, bed and breakfasts, motels, hotels, retail shopping malls, professional offices, hospitals, residential property used for short-term rentals, and any other business of similar use. Properties meeting the definition of "residential property" or "multifamily residential property" shall not be considered "commercial property."
Any wastes from commercial establishments as distinct from domestic wastewaters or industrial wastes.
The water discharged from cooling devices, such as air-conditioning, cooling, or refrigeration.
Any person, firm corporation, body politic, or organization of any type supplied with water or sewer service by Windham/Portland Water District wastewater system.
The arithmetic average of all effluent samples for 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 Maine Department of Environmental Protection.
The Portland Water District, a quasi-municipal corporation organized under Maine law, and located at 225 Douglass Street, Portland, Maine 04104.
Any residence, building, structure, facility, or installation from which only sanitary sewage will normally be discharged to the facility.
Liquid wastes and liquid-borne wastes discharged from sanitary conveniences, including but not limited to, toilets, washrooms, urinals, sinks, showers, drinking fountains, home laundry rooms, kitchens and floor drains, free of industrial wastes or toxic materials.
An acquired legal right for the specific use of land owned by others.
The United States Environmental Protection Agency.
Amounts or concentrations of a constituent of a wastewater which, in the judgment of the Windham/Portland Water District sewer system, will cause damage to any sewerage facility, which will be harmful to a wastewater treatment process, which cannot be removed by the wastewater treatment works of the Windham/Portland Water District sewer system required to meet the limiting discharge standards of the Wastewater Treatment Plants (facilities), which can otherwise endanger life, limb or public property, and/or which can constitute a nuisance.
All structures, pipes, and conduits for the purpose of collecting, treating, neutralizing, stabilizing, or disposing of by means of such structures and conduits including treatment and disposal works, necessary intercepting, outflow and outlet sewers, and pumping stations integral to such facilities with sewers, equipment, furnishings thereof and all other appurtenances connected therewith.
The measure of fats, wax, grease and oils (other than petroleum-based materials).
Material 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 FOG if it is properly pretreated, and the wastewater does not interfere with the collection system and wastewater facilities.
A line without access from individual properties, providing a connection from a pump station to a pump station, trunk, or sanitary sewer main.
The animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
The discharge or the introduction into the facility of pollutants from any source, other than a domestic source, regulated under Section 307(b), (c) or (d) of the Act.
The document issued by the Town of Windham and the Portland Water District as set forth in these regulations.
A source of indirect discharge or any source which discharges industrial waste to the facility.
Any liquid, gaseous, or solid waste substance, or a combination thereof, resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources.
A sewer which serves to collect the flow from the sewage collection system.
A discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the facility, its treatment processes or operations, or its sludge processes, use or disposal, and which is a cause of a violation of any requirement of the Windham/Portland Water District sewer system MEPDES Permit (including an increase in the magnitude or duration of a violation), or of the prevention of sewage sludge use or disposal by the facility in accordance with applicable federal, state, or local statutes and regulations or permits issued thereunder, as set forth in 40 CFR 403.3(i).
The bottom inside of the sewer pipe or bottom of a manhole structure.
Treatment limits established by the Windham/Portland Water District Sewer System.
Maine Pollutant Discharge Elimination System or permit issued by the State of Maine for discharges from a wastewater treatment facility.
Milligrams per liter.
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.
Properties containing two or more dwelling units provided that none of the dwelling units or rooms therein are available for short-term rental. A multifamily residential property with a dwelling unit(s) or rooms available for short-term rental will be considered commercial property.
The North American Industry Classification System. A system of sewers directly controlled by, or which is the responsibility of the municipality.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of industrial users and which are found in the Code of Federal Regulations, 40 CFR, Subchapter N, Parts 405 to 471.
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
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:
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 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.
Construction of a new source as defined under this definition has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction program:
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.
An industry which meets the definition of a significant industrial user but is not a categorical industry.
Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
An industry which does not meet the definition of a significant industrial user but is permitted by the Town because it has a possibility of discharging incompatible pollutants in excess of local discharge limits or is required to have a spill control plan.
Notice of change of address, violation, billing, or breach of any of these rules and regulations, and shall be deemed to have been given if sent by U.S. mail at the address provided in the permit application.
Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing the treatment works and for which such works were designed and constructed. The term "operation and maintenance" includes replacement materials/machinery.
Any waste delivered by truck that does not satisfy the definition of septage or holding tank wastes. Other wastes may include commercial wastes that include materials other than sanitary wastes.
The owner of record according to the Town Tax Assessor's files.
The discharge of pollutants through the facility into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the District's NPDES permit (including an increase in the magnitude or duration of a violation).
Any individual, firm, company, association, society, for-profit or nonprofit corporation, group, partnership, municipality, trust, estate, governmental entity, agency or political subdivision of a municipality, the State of Maine, or the United States, or any other legal entity, or its legal representative, agent, or assign.
The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 10-7.
The following hydroxy derivatives of benzene: 2-chlorophenol; 2,4-dichlorophenol; 2,4-dimethylphenol; 4-6-dinitro-o-cresol; 2,4-dinitrophenol; 2-nitrophenol; 4-nitrophenol; p-chloro-m-cresol; and 2,4,6-trichlorophenol.
Includes but is not limited to dredged spoil, solid waste, junk, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or by-products, heat, wrecked or discharged equipment, rock, sand, dirt and industrial, municipal, domestic, commercial or agricultural wastes of any kind.
The man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.
The Portland Water District, Portland, Maine, and its elected and appointed officials acting in an authorized manner.
That portion of the facility designed to provide treatment (including recycling and reclamation) of wastewater, municipal sewage, industrial waste, septage and holding water.
The treatment works operated by the Windham/Portland Water District sewer system. This definition includes any devices and systems used in the storage, treatment, recycling, disposal, and reclamation of wastewater and sewage consisting of domestic, commercial, municipal, and industrial wastes of a liquid nature. It also includes those sewers, pipes, and other conveyances which convey wastewater to the facility. For the purposes of these rules and regulations, POTW shall also include any sewers that convey wastewaters to the treatment works from persons who are, by permit, contract, or agreement with the District, users of the facility.
The reduction of the amount of pollutants, the elimination 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 facility. The reduction or alteration can be achieved by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment, other than a National Categorical Pretreatment Standard, imposed on a user by the Windham/Portland Water District sewer system through its permit process as defined in these rules and regulations.
Prohibited discharge standards, categorical pretreatment standards, and local limits.
Any sewer system within the Town not owned by or constructed by a public authority.
Nonpublic sewage disposal facilities as permitted under the Maine Subsurface Wastewater Disposal Rules, 10-144 CMR Ch. 241, or nonpublic wastewater facilities as licensed by the DEP.
The wastes from the handling, preparation, cooking and serving of food that have 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 10 millimeters (0.39 inch) in any dimension.
A common sewer owned, operated and maintained by the Town or the Portland Water District.
An annual fee assessed to a property which abuts a public sewer having available to it a connection stub.
Any watercourse, river, pond, ditch, lake, aquifer, or other body of surface or groundwater, including percolating groundwater, receiving discharge of wastewaters.
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of treatment works to maintain the capacity and performance for which such works were designed and constructed.
Property containing a single dwelling unit occupied by the property owner and/or not available for short-term rental. A residential property available as a single unit or by room for short-term rental shall be considered a commercial property.
Structures, equipment, processes, operators associated with the collection, transportation, treatment or disposal of residues generated by the collection, transportation, treatment or processing of materials introduced to the sewers or treatment facility.
Liquid and water-carried human and domestic wastes from residences, commercial buildings, industrial plants and institutions, exclusive of groundwater, stormwater and surface water and exclusive of industrial wastes.
A sewer that carries liquid and water-carried wastes from buildings, including but not limited to residences, commercial buildings, industrial plants and institutions, together with minor quantities of groundwater, stormwater and surface waters that are not admitted intentionally.
That concentration of a pollutant which under baseline conditions would cause a threat to personnel exposed to the pollutant or would cause a threat to structures of wastewater facilities. To be administered as limits applicable to a particular discharge, the screening levels must be adjusted to account for conditions at the point of discharge which differ from baseline conditions.
The water, sludge, grit and all other solid and liquid substances collecting in septic tanks, cesspools and other similar devices.
A liquid-tight receptacle which receives raw sewage for storage and digestion, and which has been designed and constructed so as to retain the solids and to allow the liquids to discharge through a secondary system of piping into an approved form of subsurface disposal area.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
The person owning a building connected to or required to be connected to the public sewer.
An agreement, whether written or oral, to rent or lease a dwelling unit(s) or rooms therein for a term of less than six consecutive months to the same individual.
Except as provided in Subsection B of this definition, a "significant industrial user" is:
An industrial user subject to categorical pretreatment standards; or
An industrial user that:
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 which makes up 5% or more of the average dry weather hydraulic or organic capacity Town of the POTW treatment plant; or
Is designated as such by the Windham/Portland Water District Sewer System on the basis that it has a reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection A(2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Town or District 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 the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement;
"Technical review criteria (TRC) violations," defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period is equal to or exceeds the product of the numeric pretreatment standard or requirement limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement that the Windham/Portland Water District Sewer System 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 the public or to the environment, or has resulted in the Town'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 an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation(s), which may include a violation of best management practices, which the Town determines will adversely affect the operation or implementation of the local pretreatment program.
Waste containing varying amounts of solid contaminants removed from water, sanitary sewage, wastewater or industrial wastes by physical, chemical and biological treatment.
Any discharge of water or wastewater 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 and/or adversely affects the public sewer system and/or performance of the wastewater treatment works.
The method or methods the Windham/Portland Water District sewer system employs to utilize or dispose of the by-product solids sludge resulting from the treatment of wastewater.
The release, accidental or otherwise, of any material not normally released to the facilities, which by virtue of its volume, concentration or physical, chemical, radiological, or biological characteristics, creates a hazard to the facilities, their operation or their personnel. Such characteristics shall include, but are not limited to volatile, explosive, toxic or otherwise unacceptable materials.
A drain or sewer for conveying groundwater, surface water or unpolluted water from any source.
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
The Superintendent of Sewers, as appointed by the Town Manager, or his duly authorized representative.
That suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association.
The Town of Windham, Maine, and its elected and appointed officials acting in an authorized manner.
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307(a)(1) of the Act and as listed at 40 CFR 401.15, or other statutes, regulations or ordinances.
Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
The estimated period during which the wastewater facilities of the District will be operated.
Any person or entity who discharges wastewater or industrial wastewater into the sewerage system of the District and any person or entity located in the District.
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works and or collection system, whether or not the user is connected to the public sewer.
Substances in liquid, solid or gaseous form that can be carried in water.
Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated.
The pipes, structures, equipment and processes required to collect, pump, carry away and treat domestic and industrial wastes and to dispose of the effluent and by-products.
An arrangement of devices and structures for treating wastewater, industrial waste and sludge.
A natural or artificial channel for the passage of water, either continuously or intermittently.
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, border upon or are within the jurisdiction of the State of Maine.