A.
This Part 2 sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the Mayor and Council of the Town of Selbyville (hereinafter referred to as Town) and enables the Town to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). Among the objectives of this Part 2 are:
(1)
To prevent the introduction of pollutants into the
publicly owned treatment works that will interfere with its operation;
(2)
To prevent the introduction of pollutants into the
publicly owned treatment works that will pass through the publicly
owned treatment works, inadequately treated, into receiving waters,
or otherwise be incompatible with the publicly owned treatment works;
(3)
To protect both publicly owned treatment works personnel
who may be affected by wastewater and sludge in the course of their
employment and the general public;
(4)
To promote reuse and recycling of industrial wastewater
and sludge from the publicly owned treatment works;
(5)
To provide for fees for the equitable distribution
of the cost of operation, maintenance, and improvement of the publicly
owned treatment works; and
(6)
To enable the Town to comply with its National Pollutant
Discharge Elimination System permit conditions, sludge use and disposal
requirements, and any other federal or state laws to which the publicly
owned treatment works is subject.
B.
This Part 2 shall apply to all users of the publicly
owned treatment works. This Part 2 authorizes the issuance of wastewater
discharge permits; provides for monitoring, compliance and enforcement
activities; establishes administrative review procedures; requires
user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
Except as otherwise provided herein, the Town
shall administer, implement and enforce the provisions of this Part
2. Any powers granted to or duties imposed upon the Town may be delegated
by the Town to other Town personnel.
The following abbreviations, when used in this
Part 2, shall have the designated meanings:
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BOD — Biochemical oxygen demand.
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CFR — Code of Federal Regulations.
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COD — Chemical oxygen demand.
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EPA — United States Environmental Protection
Agency.
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gpd — Gallons per day.
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mg/l — Milligrams per liter.
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NPDES — National Pollutant Discharge Elimination
System.
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POTW — Publicly owned treatment works.
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RCRA — Resource Conservation and Recovery
Act.
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SIC — Standard Industrial Classification.
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TSS — Total suspended solids.
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U.S.C. — United States Code.
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Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this Part 2, shall have
the meanings hereinafter designated.
The 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 an NPDES state without
an approved state pretreatment program.
An authorized representative of an industrial user may be:
A principal executive officer of at least the
level of vice president, if the industrial user is a corporation;
A general partner or proprietor, if the industrial
user is a partnership or proprietorship respectively; 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 discharge originates and
the written authorization is submitted to the Town and updated annually.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 146-44. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage, leaks, slugs, 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 procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA 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.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act.
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.
A discharge, which 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 Town'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.
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.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which began after the publication of the proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such a
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 cause discharge
of pollutants at an existing source; or the production or wastewater
generating process of the building, structure, facility or installation
are substantially independent of an existing source at the same site.
In determining whether there 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. The term "new source" also applies if the new owner
or operator has begun a continuous on-site construction program (placement,
assembly or installation of facilities or equipment; or significant
site preparation, such as clearing, excavation or removal of existing
buildings, structures or facilities). The term "new source" also applies
if the owner or operator enter 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 that can be terminated or modified without substantial
loss, and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
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 Town's NPDES permit, including
an increase in the magnitude or duration of a violation.
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. The masculine gender shall include the
feminine, the singular shall include the plural where indicated by
the context.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
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, or any other contaminant and certain characteristics
of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD,
COD, TKN, toxicity or odor).
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.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 146-44.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292) which is owned by the Town. 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.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Any user who:
Is subject to national categorical standards;
Has a discharge flow of 25,000 gallons per day
or more per average workday;
Has a flow greater than 5% of the average dry
weather flow to the POTW;
Makes up 5% or more of the average dry weather
organic capacity to the POTW; or
Is found by the Town to have significant impact,
either singly or in combination with other contributing industries
to the POTW, on the quality of the sludge, the POTW's effluent quality,
or air emissions generated by the system.
Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which has the reasonable potential to cause a violation of the prohibited discharge standards in § 146-44; to violate federal or state pretreatment regulations; to violate the Town's pretreatment ordinance or local limits; to violate an industrial discharge wastewater permit, or has the reasonable potential to adversely affect the treatment capability or efficiency of the Town's wastewater treatment plant. This includes, but is not limited to, any discharge by a significant industrial user as defined in Subsection B, C, D or E, above, in which the amount of wastewater discharged by the SIU is increased in such a manner as to be inimical to the treatment efficiency of the Selbyville POTW.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
State of Delaware.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The manager of operations, Town Administrator and their agents
or authorized representatives.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
The sum of organic nitrogen and ammonia as determined by
procedures outlined in 40 CFR Part 136.
The Mayor and Council of the Town of Selbyville and agents
and representatives designated by the Council.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provisions of CWA 307(a) or any other acts.
A source of indirect discharge.
Liquid and water-carried wastes and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities
and institutions, whether treated or untreated, which are contributed
to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
