The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Act"means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C.
1251 et seq.
"Authorized representative of the user"means:
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 or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which 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 control mechanism 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 an LLC, the managing member. If there is no managing member then any member.
3. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
4. 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 or her designee.
5. The individuals described in subsections 1 through 4 above 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 utility.
"AWWU"means the Anchorage Water and Wastewater Utility.
"Best management practices" or "BMPs"means 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). BMPs 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.
"Biochemical oxygen demand (BOD)"means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Celsius, usually expressed as a concentration in milligrams per liter (mg/L).
"Bypass"means the intentional diversion of wastestreams from any portion of a user's treatment facility.
"Categorical user"means a user covered by one of EPA's Categorical Pretreatment Standards.
"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.
"Control manhole"means a manhole through which the facility industrial wastewater flows, and which may contain installed equipment for wastewater sampling and flow measurement.
"Cooling water"means the water used for cooling which does not come into contact with any raw material, intermediate product, waste product or finished product. Cooling water may be generated from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
"Discharge"means the introduction of pollutants into the municipal sewerage system from any source, directly or indirectly, by means of pipes, conduits, pumping stations, ditches or tank trucks, and all constructed devices and appliances appurtenant thereto.
"EPA"means the United States Environmental Protection Agency.
"Existing source"means any building, structure, facility or installation from which there is or may be a discharge, the construction of which began before publication of proposed categorical pretreatment standards that are applicable to such source, if such standards are thereafter promulgated.
"Existing user"means any non-categorical user that is discharging wastewater prior to the effective date of this chapter.
"Federal categorical pretreatment standards"means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act and which applies to a specific category of industrial users.
"Flow proportioned composite sample"means a combination of individual samples of equal volume taken at equal intervals of flow from a waste stream, without consideration of the time between individual samples; or a combination of individual samples each of volume proportional to the waste flow rate at the time of sampling and taken at equal intervals of time.
"General manager"means the person designated by the municipality to supervise the operation of the sewerage system, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
"Grab sample"means a sample taken from a wastestream on a one-time basis without regard to the flow in the wastestream and without consideration of time.
"Industrial user"means any source of non-domestic pollutants introduced or discharged into the municipal sewerage system.
"Interference"means a discharge, which alone or in conjunction with a discharge or discharges from other sources, causes, an inhibition or disruption of the municipal sewerage system, its treatment processes or operations, or its sludge processes, use or disposal; or which is a cause of a violation of any requirement of the municipality's NPDES permits (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal by the municipality in accordance with the following statutory provisions and regulations or permits issued thereunder, or more stringent state or local regulations: section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act.
"Liquid waste hauler"means any operator of pumper trucks used in the transport of domestic septic tank wastewater, commercial or industrial holding tank wastewater or other wastewater subject to discharge requirements established by the utility. The definition of liquid waste hauler is synonymous with septic hauler.
"Medical waste"means regulated identifiable medical wastes for which sewer disposal is not recommended by the national standards, as amended, applied by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), Centers for Disease Control and Prevention (CDC), and College of American Pathologists (CAP), including but not limited to sharps, contaminated bedding, and gross body parts. If any of the above standards conflict, the more stringent will apply.
"MOA"means the Municipality of Anchorage.
"Municipal sewerage system"means any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the municipality.
"New source"means any building, structure, facility or installation from which there is or may be a discharge, for which construction is commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which are applicable to such source if such standards are thereafter promulgated in accordance with that section. "New sources" shall have the following additional characteristics:
1. The building, structure, facility or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. The production or wastewater generating processes of the building structure, facility or installation are substantially independent of an existing source at the same site.
"New user"means a user that applies to the MOA for a new building permit or any person who occupies an existing building and plans to discharge wastewater to the municipal sewerage system after the effective date of this chapter. Any person that buys an existing facility that is discharging non-domestic wastewater will be considered an existing user if no significant changes are made in the manufacturing operation.
"Non-domestic pollutant"means any liquid, solid or gaseous substances, or combination thereof, resulting from any process of industry, manufacturing, trade or research, including but not limited to the development, recovering or processing of natural resources and leachate from landfills or other disposal sites.
"Pass-through"means the discharge of pollutants through the municipal sewerage system into waters of the United States in quantities or concentrations, which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the municipality's NPDES permits, including an increase in the magnitude or duration of a violation, or a violation of applicable water quality standards.
"Permit"means an industrial wastewater discharge permit issued by the utility pursuant to this chapter.
"Permittee"means a person or user issued a wastewater discharge permit.
"Person"means any individual, partnership, co-partnership, 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, or local governmental entities.
"pH"means a measure of the acidity or alkalinity of a solution expressed in standards units ranging from 0 to 14, where 7 represents neutrality.
"Pollutant"means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater.
"Pretreatment"means 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 municipal sewerage system.
"Pretreatment requirement"means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
"Pretreatment standard"means prohibited discharge standards, categorical pretreatment standards, and local limits or BMPs established by the utility.
"RCA"means the Regulatory Commission of Alaska.
"Residential user (domestic user)"means any person who contributes, causes or allows the contribution of wastewater into the municipal sewerage system of a similar volume and/or chemical make-up to that of a residential dwelling unit.
"Septic tank waste"means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
"Sewage"means human excrement and gray water (from household showers, dishwashing operations, etc.).
"Sewer"means any pipe, conduit, ditch or other device used to collect and transport wastewater or stormwater from the generating source.
"Slug load"means any substance released in a discharge at a rate or concentration that could cause a violation of the discharge standards in sections
26.50.050 through
26.50.080 or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
"Storm water"means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
"Suspended solids"means the quantity of material removed from wastewater by laboratory filtration (EPA Method 160.2) and expressed in terms of milligrams per liter.
"Time composite sample"means a combination of individual samples of equal volume taken at equal intervals of time from a waste stream, without consideration of the flow within the waste stream.
"Total aromatic hydrocarbons (TAH)"means those collective dissolved and water-borne monoaromatic hydrocarbons, excluding floating surface oils and greases, as determined by EPA Method 602 plus xylenes.
"Toxic pollutant"means any pollutant or combination of pollutants listed as toxic by the administrator of the Environmental Protection Agency under the provisions of section 301(a) of the act and listed in 40 CFR
401.15.
"Upset"means an exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards adopted under this chapter or established as part of its wastewater discharge permit, due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operations thereof.
"User"means any person or entity responsible for the discharge of wastewater into the municipal sewerage system.
"Utility"means the Anchorage Water and Wastewater Utility, owned and operated by the Municipality of Anchorage.
"Wastewater"means industrial or domestic wastewaters from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is discharged into the municipal sewerage system.