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"means the Federal Water Pollution Control Act, also known as the Clean Water Act (33 USC
1251 et seq.), as amended.
is an acronym for "all known, available, and reasonable methods (prevention, control, and treatment) to prevent and control pollution of the waters of the state of Washington" (Chapter
90.48 RCW). AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. AKART shall be applied by all users of the POTW. AKART includes best management practices and may be required by the water/sewer superintendent for any discharge to the POTW.
For any specified pollutant: the more stringent of the city of Colville prohibitive standards, city of Colville specific pretreatment standards, Stevens County, state of Washington pretreatment standards, or applicable national categorical pretreatment standards shall apply.
"Authorized representative of the user"means:
A. If the user is a corporation:
1. 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 operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if 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 his/her designee;
The individuals described in subsections
(A) through
(C) of this definition may designate another 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 of Colville.
"Biochemical oxygen demand (BOD)"means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures during five days at 20 degrees centigrade, usually expressed as a concentration (milligrams per liter (mg/l)).
"Bypass"means the intentional diversion of waste streams from any portion of a user's treatment facility.
"Categorical user"means a user covered by one or more categorical standards as defined herein.
"City"means the city of Colville, a Washington municipal corporation, which has a wastewater treatment plant for which this chapter will apply. The city employs and this definition shall include a water/sewer superintendent and this water/sewer superintendent (or his/her agents, designee, or assigns) shall administer, implement, and enforce the provisions of this chapter.
"Color"means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.
"Composite sample"means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
"Cooling water"means water used for cooling purposes generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration. For purposes of this chapter, such waters are further divided into two subcategories:
A. Uncontaminated: Water to which the only pollutant added is heat, which has no direct contact with any raw material, waste, intermediate, or final product, and which does not contain a level of contaminants detectably higher than that of the intake water.
Contaminated: Water likely to contain levels of pollutants detectably higher than intake water. This includes water contaminated through any means, including chemicals added for water treatment, corrosion inhibition, or biocides, or by direct contact with any process materials, products, and/or wastewater.
"Domestic user"means any person who contributes, causes, or allows the discharge of wastewater into the city of Colville POTW that is similar in volume and/or chemical make-up to domestic wastewater. For comparison, the water/sewer superintendent may assume discharges of domestic wastewater from dwelling units to be 100 gallons containing 0.2 pounds of BOD, and 0.2 pounds of TSS per capita per day, or as identified in the design of the POTW.
"Domestic wastewater"means wastewater from residential kitchens, bathrooms, and laundries, and waterborne human wastes from sanitary facilities in all other buildings, together with such groundwater infiltration or surface waters as may be present.
"Environmental Protection Agency (EPA)"means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
"Existing source"means any categorical user which discharges wastewater to the POTW, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
"Existing user"means any industrial user not subject to categorical pretreatment standards which discharges wastewater to the POTW prior to the effective date of the ordinance codified in this chapter.
"Grab sample"means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
"Indirect discharge" or "discharge"means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
"Industrial wastewater"means water- or liquid-carried waste from any industry, manufacturing operation, trade, or business which includes any combination of process wastewater, cooling water, contaminated stormwater, contaminated leachates, or other waters such that the combined effluent differs in some way from purely domestic wastewater, or is subject to regulation under federal categorical pretreatment standards, the State Waste Discharge Permit Program, or this chapter.
"Interference"means the effect of a discharge or discharges on the POTW from one or more users which results in either: (A) inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal; (B) violation of any permit regulating the city of Colville wastewater discharge or sewerage sludge; or (C) prevention of sewage sludge use or disposal in compliance with any applicable statutory or regulatory provision or permit issued thereunder. Applicable sludge regulations shall include Section 405 of the Clean Water Act (33 USC
1345 et seq.); the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 USC
6901 et seq.); state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act (42 USC
7401 et seq.); the Toxic Substances Control Act (TSCA) (15 USC
2601 et seq.); the Marine Protection, Research, and Sanctuaries Act (
33 USC et seq.); and 40 CFR Part
503.
means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
"Medical wastes"means isolation wastes, infectious agents, human blood and blood products or byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
"New source"means:
A. Any facility constructed after proposed categorical standards applicable to operations conducted at the facility were published, provided the facility is or may be a source of discharge to the POTW, and:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
The new construction 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.
Construction of a new source as defined under this subsection has commenced if the owner or operator has either: (1) begun, or caused to begin, any placement, assembly, or installation of facilities or equipment; (2) begun, or caused to begin, significant site preparation work including removal of existing facilities necessary for the emplacement of new source facilities or equipment; or (3) entered into a binding contractual obligation for the purchase of facilities or equipment for use in operation of a new source within a reasonable time.
"New user"means any noncategorical user that plans to discharge a new source of wastewater to the city of Colville collection system after the effective date of the ordinance codified in this chapter. This discharge may be from either a new or an existing facility. Any person that buys an existing facility discharging nondomestic wastewater will be considered an "existing user" if no significant changes in facility operation are made and wastewater characteristics are not expected to change.
"Pass through"means a condition occurring when discharges from users (singly or in combination) exit the POTW in quantities or concentrations which either: (A) cause a violation of any requirement of the city of Colville, NPDES, or state waste discharge permit; (B) cause an increase in the magnitude or duration of a violation; or (C) cause a violation of any water quality standard for waters of the state promulgated under state regulations including Chapter
173-201A WAC.
means any person or user issued a wastewater discharge permit.
"Person"means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, any federal, state, or local governmental agency or entity, or any other entity whatsoever; or their legal representatives, agents, or assigns.
"pH"is a measure of the acidity or alkalinity of a substance, expressed in standard units. (Technically defined as the logarithm of the reciprocal of the mass of hydrogen ions in grams per liter of solution.)
"Pollutant"means any substance, either liquid, gaseous, solid, or radioactive, discharged to the POTW which, if discharged directly, would alter the chemical, physical, thermal, biological, or radiological properties of waters of the state of Washington including pH, temperature, taste, color, turbidity, oxygen demand, toxicity, or odor. This includes any discharge likely to create a nuisance or render such waters harmful, detrimental or injurious to any beneficial uses, terrestrial or aquatic life, or to public health, safety or welfare.
"Pollution prevention"means source reduction; protection of natural resources by conservation; or increased efficiency in the use of raw materials, energy, water or other resources.
"Pretreatment"means 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"means any substantive or procedural local, state, or federal requirement related to pretreatment developed under Chapter
90.48 RCW and/or Sections 307 and 402 of the Clean Water Act.
means any pollutant discharge limitations including categorical standards, state standards, and limits of CMC §
13.48.080 applicable to the discharge of nondomestic wastes to the POTW. The term shall also include the prohibited discharge standards of this chapter, WAC
173-216-060, and
40 CFR Part 403.5.
means a "treatment works," as defined by Section 212 of the Act (33 USC
1292), which is owned by the city of Colville. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastewater and any conveyances which convey wastes to a wastewater treatment plant. The term shall also mean the city of Colville.
means the liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system. This includes liquids and solids from domestic holding tanks, chemical toilets, campers, and trailers when these systems are cleaned or maintained.
"Severe property damage"means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.
"Sewage" or "wastewater"means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm, or other waters as may be present.
"Sewer"means any pipe, conduit ditch, or other device used to collect and transport sewage.
"Shall"defines a mandatory requirement.
"Significant industrial user (SIU)"means:
A. A user subject to categorical pretreatment standards; or
A user that:
1. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blow down wastewater); or
Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
Is designated as such by the Department with input from the city of Colville on the basis that it, alone or in conjunction with other sources, has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in subsection
(B) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or requirement, the Department may at any time, on its own initiative or in response to a petition received from a user or the city of Colville and in accordance with procedures in 40 CFR
403.8(f)(6), determine that such user should not be considered a significant industrial user.
"Significant noncompliance (SNC)"shall refer to a violation or pattern of violations of one of the following natures:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
Any other discharge violation that the city of Colville believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city of Colville personnel or the general public);
Any discharge of pollutants that have caused imminent endangerment to human health, welfare or to the environment, or has resulted in the city of Colville exercising its emergency authority to halt or prevent such a discharge;
Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation(s) which the water/sewer superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
"Slug load"means any pollutant released in a discharge at a flow rate or concentration which could violate this chapter, or any discharge of a nonroutine, episodic nature such as an accidental spill or a noncustomary batch discharge.
"State"means the state of Washington.
"Stormwater"means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
"Total suspended solids"means 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.
"Toxic pollutant"means one or a combination of the pollutants listed as toxic in regulations promulgated by the EPA under Section 307 (33 USC
1317) of the Act.
means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the reasonable 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.
"User" or "industrial user"means any nondomestic source of wastewater discharged to the POTW. This excludes domestic users as defined herein.
Water/Sewer Superintendent. The person designated by the city of Colville to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, and specifically including his/her duly authorized representatives, agents, designees, assigns, or an inspector, shall administer, implement, and enforce the provisions of this chapter.
(Ord. 1404 NS § 1.3, 2008)