Town of Derry, NH Purpose; Scope; Terminology

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

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

(1)

If the user is a corporation:

(a)

The president, secretary, treasurer, or a vice president of the corporation in charge of principal business functions or any other person who performs similar policy- or decisionmaking functions for the corporation; or

(b)

The manager of one or more manufacturing, production, or operating facilities, provided that 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 delegated to the manager in accordance with corporate procedures.

(2)

If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

(3)

If the user is a federal, state, or local governmental facility, a director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his designee.

(4)

The individuals described in Subsections (1) through (3) 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 Town of Derry.

BEST MANAGEMENT PRACTICES or BMPs

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 122-32. BMPs also include treatment requirements, operating procedures, and practices to control plant runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials.

BOD (denoting "biochemical oxygen demand")

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter (mg/l).

BUILDING DRAIN

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, beginning five feet outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal.

BYPASS

Intentional diversion of waste streams from any portion of a wastewater treatment facility.

CATEGORICAL PRETREATMENT STANDARD, NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL 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. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.

DERRY

The Town of Derry, New Hampshire, or, where appropriate, the Derry Town Council or Derry Town Administrator or other duly authorized official of the Town.

DIRECTOR

The Director of Public Works of the Town of Derry or his authorized representative or designee.

DIVISION

The New Hampshire Water Supply and Pollution Control Division.

DOMESTIC SANITARY WASTEWATER

Normal water-carried household and toilet wastes or waste from sanitary conveniences, excluding groundwater, surface water or stormwater, and contains no industrial wastes.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency.

EXISTING SOURCE

Any source of industrial 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.

EXPANDING USER

Any person causing an increase in discharge of sewage leading to a public sewer.

FLOATABLE OIL

Oil, fat, or grease 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 floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.

GRAB SAMPLE

A sample which is taken from the waste stream without regard to flow in the waste stream and over a period of time not to exceed 15 minutes.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.

INDUSTRIAL USER

A person who discharges industrial waste to the sanitary sewers of the Town.

INDUSTRIAL WASTES

The liquid wastes from industrial, manufacturing, or business processes, as distinct from sanitary sewage.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

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.

INTERFERENCE

A discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the Derry POTW, its treatment processes or operations, or its sludge processes, use or disposal and which is a cause of a violation of any requirement of Derry's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal by the POTW in accordance with groundwater protection rules; Env-Ws 410, solid waste rules; Env-Sw 100-2000, Sludge Management; Env-Wq 800, hazardous waste rules; Env-Wm 100-1000, the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuaries Act, the Resource Conservation and Recovery Act and 40 CFR 503; Standards for the use and disposal of sewage sludge.

LOCAL LIMITS

Established under 40 CFR 403.5, conditional discharge limits imposed by the Town of Derry upon indirect dischargers that discharge to the Derry WWTP (i.e., sanitary sewer system) which represents a pollutant quantity specified in Chapter 122, Sewers,[1] which numerically limits the amount of each specified pollutant that can be discharged by an indirect discharger. Local limits shall include any best management practices required to be implemented in the permit issued by the Town.

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, dialysis wastes, or any other wastes generated in diagnosis, treatment, or immunization of human beings or animals in research pertaining thereto, or the production of biologicals.

NATURAL OUTLET

Any outlet into a water source, pond, ditch, lake or other body of surface water or groundwater.

NEW SOURCE

(1)

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, provided that:

(a)

The building, structure, facility or installation is constructed at a site at which no other source is located;

(b)

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c)

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 same general type of activity as the existing source, should be considered.

(2)

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 (1)(b) or (c) above but otherwise alters, replaces, or adds to existing processes or production equipment.

(3)

Construction of a new source as defined under this definition has commenced if the owner or operator has:

(a)

Begun, or caused to begin, as part of a continuous on-site construction program:

[1]

Any placement, assembly, or installation of facilities or equipment; or

[2]

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

(b)

Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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.

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

PASS-THROUGH

The discharge of pollutants to the POTW in quantities or a concentration that causes a violation of any of the POTW's federal and/or state surface water discharge permit.

PERSON

Any individual, partnership, copartnership, firm, company, trust, estate, governmental entity, or any other legal entity or his or its legal representatives, agents or assigns. This definition includes all federal, state, and local governmental entities.

A measure of the acidity of a solution, expressed in standard units. It is the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

POLLUTANT

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, and certain characteristics of wastewater (e.g., pH, temperature, turbidity, color, BOD, COD, toxicity, or odor).

POPULATION EQUIVALENT

The calculated population which would normally contribute an equal amount of biochemical oxygen demand per day, computed on the basis of 2/10 of a pound of five-day, 20º C., biochemical oxygen per capita per day.

POTW or PUBLICLY OWNED TREATMENT WORKS

The wastewater treatment works which is owned by the Town of Derry, New Hampshire. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage, septage or industrial waste of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW wastewater treatment works.

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of the pollutant properties in the wastewater prior to, or in lieu of, introducing such pollutants into the POTW. The 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 pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENT

Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS

Prohibited discharge standards, categorical pretreatment standards, and local limits, and best management practices as required under categorical pretreatment standards or developed separately to meet local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances. These prohibitions appear in §§ 122-32 and 122-66A of this chapter.

PROPERLY SHREDDED GARBAGE

The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all the particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.

RADIOLOGICAL WASTE

Radioactive waste as regulated by RSA 125-F.

RESIDENTIAL SEWER USER

Any user which discharges domestic household sanitary wastewater.

SANITARY SEWER

A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.

SCREENING LEVEL

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 sewerage works. 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.

SEPTAGE

Any sewage from holding tanks, such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE

See "wastewater."

SEWER

A pipe or conduit for carrying sewage or stormwater.

SEWERAGE WORKS

See "POTW."

SIGNIFICANT INDUSTRIAL USER

[Amended 10-31-2019]

(1)

A user subject to categorical pretreatment standards under 40 CFR 403.8 and 40 CFR Chapter I, Subchapter N; or a user that:

(a)

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(b)

Contributes a process waste stream that comprises 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;

(c)

Discharges medical/infectious waste, pharmaceutical waste, or radiological waste; or

(d)

Is designated as such by the POTW on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(2)

The Town may determine that an industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard), and the following conditions are met:

(a)

The industrial user, prior to the Town's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

(b)

The industrial user annually submits the certification statement required in 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and

(c)

The industrial user never discharges any untreated concentrated wastewater.

(3)

Upon determining that a user meeting the criteria in Subsection (2)(a) or (2)(b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Town may, at any time, on its own initiative or in response to a petition received from a 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.

SLUG LOAD or SLUG

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 of flows during normal operation and shall adversely affect the collection system and/or performance of wastewater treatment works or which could cause a violation of the prohibited discharge standards in § 122-66A of this chapter.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STORM SEWER or STORM DRAIN

A sewer which carries only stormwater.

STORMWATER

Any flow occurring during or after any form of precipitation and resulting from such precipitation, including snowmelt.

SUSPENDED SOLIDS (TSS)

Total suspended matter that either floats on the surface of or is in suspension in water, wastewater, or other liquids and that is removable by a laboratory as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as "nonfilterable residue," meaning that suspended matter which does not pass through a filter of 0.3 micron.

UNPOLLUTED WATER

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.

WASTEWATER

The spent water of a community. From the standpoint of source, it may be a combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water and stormwater that may be inadvertently present.

WASTEWATER ACCESSIBILITY FEE

A one-time fee payable upon approval of the application for a new user or by a person who causes an increase in discharge to the sanitary sewer.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

See "POTW."

WATERCOURSE

A natural or artificial channel for the passage of water either continuously or intermittently.

[1]

Editor's Note: See § 122-66C, Local pretreatment standards.

When used in this chapter, "may" is permissive and "shall" is mandatory.

BOD	Biochemical oxygen demand
CFR	Code of Federal Regulations
COD	chemical oxygen demand
EPA	Environmental Protection Agency
gpd	gallons per day
mg/l	milligrams per liter
NPDES	National Pollutant Discharge Elimination System
POTW	publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SIC	Standard Industrial Classification
TSS	total suspended solids
U.S.C.	United States Code