Town of Deerfield, MA Article VIII General Provisions

§ 236-29 Purpose; objectives.

A. This Part 2 sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Town of Deerfield and enables the Town to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR 403).

B. The objectives of this Part 2 are to:

(1) Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

(2) Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

(4) Provide for equitable distribution of the cost of the municipal wastewater system.

C. This Part 2 provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

§ 236-30 Applicability.

This Part 2 shall apply to the Town of Deerfield and to persons outside the Town who are, by contract or agreement with the Town, users of the Town POTW.

§ 236-31 Administration and enforcement.

Except as otherwise provided herein, the Superintendent shall administer, implement and enforce the provisions of this Part 2.

§ 236-32 Definitions; word usage.

A. Unless the context specifically indicates otherwise, the meaning of terms used in this Part 2 shall be as follows:

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 pretreatment program.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

May be:

(1) A principal executive officer of at least the level of vice president, if the industrial user is a corporation.

(2) A general partner or proprietor if the industrial user is a partnership or proprietorship respectively.

(3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C., expressed in milligrams per liter.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to a public sewer.

CATEGORICAL STANDARDS

National Categorical Pretreatment Standards or pretreatment standard.

CITY

The Town of Deerfield.

COMMONWEALTH

The Commonwealth of Massachusetts.

CONTROL AUTHORITY

Refers to the approval authority, defined hereinabove; or the Superintendent if the District has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly into the waters of the Commonwealth of Massachusetts.

DISTRICT

The Town of Deerfield.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said Agency.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317), into the POTW, including holding tank waste discharged in the system.

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).

INTERFERENCE

The inhibition or distribution of the POTW treatment processes or operations which contributes to a violation of any requirement of the Town's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria, including those contained in state sludge management plan prepared pursuant to Title IV of SWDA, applicable to the method of disposal or use employed by the POTW.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

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.

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. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

pH

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

PRETREATMENT or TREATMENT

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 a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the District. This definition includes any sewers (whether or not owned or controlled by the District) that convey wastewater to the publicly owned treatment plant, but does not include pipes, sewers or other conveyances not connected to a publicly owned treatment plant providing treatment.

SIGNIFICANT INDUSTRIAL USER

Any industrial user of the District's wastewater disposal system who:

(1) Has a discharge flow of 25,000 gallons or more per average work day;

(2) Has a flow greater than 5% of the flow in the District's wastewater treatment system;

(3) Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or (state) statutes and rules; or

(4) Is found by the District (Department of Environmental Quality Engineering) or the United States Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

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.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The person designated by the District to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Part 2.

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.

TOWN

The Town of Deerfield.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into the District's POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER DISCHARGE PERMIT

As set forth in § 236-41 of this Part 2.

WATERS OF THE COMMONWEALTH

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 or border upon the commonwealth or any portion thereof.

B. Abbreviations. The following abbreviations shall have the designated meanings:

	Abbreviation	Meaning
	BOD	Biochemical oxygen demand
	CFR	Code of Federal Regulations
	COD	Chemical oxygen demand
	EPA	Environmental Protection Agency
	l	Liter
	mg	Milligrams
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	POTW	Publicly owned treatment works
	SIC	Standard industrial classification
	SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901
	U.S.C.	United States Code
	TSS	Total suspended solids

C. Shall is mandatory; may is permissive.