Definitions. Unless the context specifically indicates otherwise, the meanings of the following words and phrases 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.
APPLICANT
Any person requesting approval to discharge wastewaters into
the municipal facilities or a new connection to the wastewater works.
APPROVAL AUTHORITY
The administrator of the Environmental Protection Agency
for Region 2.
[Amended 5-31-1994]
AUTHORIZED REPRESENTATIVE or SIGNATURE AUTHORITY[Amended 5-31-1994]
(1)
If the industrial 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.
(b)
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 million, if authority
to sign documents has been assigned or delegated to the manager in
accordance with corporate procedure.
(2)
If the industrial user is a partnership or sole
proprietorship, a general partner or proprietor, respectfully.
(3)
If the industrial 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.
(4)
The individuals described in Subsections
(1) through
(3) above may designate another authorized representative if 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 the environmental matters for the company and the written authorization is submitted to the Executive Director.
BEST MANAGEMENT PRACTICES
Practices such as preventive maintenance, scheduling of activities, or process alterations which enable the user to comply with the provisions of this Part
2 or any applicable state and/or federal guidelines.
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 20° C., expressed in milligrams per liter.
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 10 feet (three meters) 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
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
[Added 8-13-1991]
CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant limitations promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users. This term includes prohibitive discharge limits established
pursuant to 40 CFR 403.5 and those found in 40 CFR Chapter I, Subchapter
N, Parts 405 to 471.
[Added 5-31-1994]
CITY
The City of Lowell, Massachusetts.
COMPATIBLE POLLUTANTS
Wastewater constituents for which the POTW was designed or
is operated to adequately treat.
COOLING WATER
The water discharge from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
CONTROL AUTHORITY
Upon acceptance of the pretreatment program by the EPA, the
control authority will be the Executive Director of the Lowell Regional
Water and Wastewater Utilities. Until the program has gained acceptance,
the control authority shall be synonymous with the approval authority.
[Amended 5-31-1994]
DISCHARGE DOCUMENT
Either the previously negotiated agreements or a wastewater
discharge permit, and shall include the criteria for discharge to
the POTW.
DOMESTIC WASTEWATER
The wastewater derived principally from dwellings, business
buildings, institutions and the like.
EXCESSIVE
Amounts or concentrations of a constituent of a wastewater
which in the judgment of the Executive Director will cause damage
to any City facility; will be harmful to a wastewater treatment process;
cannot be removed in the City treatment works to the degree required
to meet the limiting stream classification standards of the Merrimack
River and/or EPA and state effluent standards; can otherwise endanger
life, limb, or public property; or can constitute a nuisance.
EXECUTIVE DIRECTOR
The Executive Director of the Lowell Regional Wastewater
Utility or his duly authorized representative.
FACILITIES
Structures and conduits for the purpose of collecting, treating,
neutralizing, stabilizing, or disposing of domestic wastewater and/or
industrial or other wastewaters as are disposed of by means of such
structures and conduits, including treatment and disposal works, necessary
intercepting, outfall, and outlet sewers, and pumping stations integral
to such facilities, with sewers, equipment, furnishings thereof and
other appurtenances connected therewith.
GARBAGE
The animal and vegetable wastes resulting from the handling,
preparation, cooking, and serving of food. It is composed largely
of putrescible organic matter and its natural moisture content.
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 into the system).
INDUSTRIAL DISCHARGE PERMIT
The permit required to be obtained from the City by significant industrial users to discharge to the City's POTW, as set forth in §
272-53 of this Part
2.
INDUSTRIAL WASTEWATER
All water-carried wastes and wastewater, excluding domestic
wastewater and unpolluted water. Includes all wastewater from any
producing, manufacturing, processing, testing, institutional, commercial,
agricultural, or other operations where the wastewater discharged
includes nondomestic wastes.
INTERFERENCE
A discharge by an industrial user which, alone or in conjunction
with discharges by other sources, inhibits or disrupts the 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
the POTW'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 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.
LOCAL LIMITS
Specific effluent pollutant concentrations developed by the
POTW for an industrial user(s) in order to prevent any interference
and/or pass-through of the POTW as mandated by 40 CFR 403.5(c).
NATIONAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
The term "national pretreatment standard," "pretreatment
standard" or "standard" means any regulation containing pollutant
discharge limits promulgated by the EPA in accordance with Section
307(b) and (c) of the Act which applies to industrial users. This
term includes prohibitive discharge limits established pursuant to
40 CFR 403.5 and those found in 40 CFR Chapter I, Subchapter N, Parts
405 to 471.
[Amended 5-31-1994]
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
NEW SOURCE[Added 8-13-1991; amended 5-31-1994]
(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 extent to which the new facility is engaged in 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) of this definition but otherwise alters, replaces, or adds to existing process 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 any placement, assembly, or installation
of facilities or equipment or 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.
NON-CONTACT COOLING WATER
Cooling water which does not come in contact with any raw
material, intermediate product, waste product, or finished product.
[Added 5-31-1994]
NORMAL OPERATING DAY
A twenty-four-hour day in which the standard and routine
operations and work of the facility are conducted. It would include,
but is not limited to, daily cleaning, routine maintenance, and production.
It would not include work stoppages, scheduled and unscheduled shutdowns,
holiday schedules, major cleanups and the like.
OIL AND GREASE
Any material (animal, vegetable or hydrocarbon) which is
extractable from an acidified sample of a waste by freon or other
designated solvent and as determined by the appropriate standard procedure.
PASS-THROUGH
The discharge of pollutants through the POTW into the waters
of the United States in quantities or concentration which, alone or
in conjunction with discharges from other sources, is cause of a violation
of any requirements of the POTW's NPDES permit (including an increase
in the magnitude or duration of the violation).
[Amended 5-31-1994]
PERSON
Any individual, firm, company, association, society, partnership,
corporation, municipality, government entity, or similar organization,
agency or group.
[Added 8-13-1991]
pH
A measure of the alkalinity or acidity of a substance, expressed
in standard units.
[Amended 5-31-1994]
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, or industrial, municipal or agricultural waste
discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature 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 to the POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes, or
process changes other than the above means, except as prohibited by
40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirements related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
PUBLICLY OWNED TREATMENT WORKS or POTW
The City-owned treatment works, as defined in Section 212 of the Act (33 U.S.C. § 1292). This definition includes any sewers that convey wastewater to the POTW treatment plant but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of this Part
2, "POTW" shall also include any sewers that convey wastewater to the POTW from persons outside the City who are, by agreement with the City, users of the City's POTW.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
RECEIVING WATERS
Any watercourse, river, pond, ditch, lake, aquifer, or other
body of surface or ground water receiving discharge of wastewaters.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
SEPTAGE
The sludge produced in individual domestic on-site wastewater
disposal systems, such as septic tanks and cesspools.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments together
with such groundwater, surface water and stormwater as may be present.
SEWER
A pipe or conduit for carrying sewage.
SEWERAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER CONNECTION
A sewer pipeline running laterally from a street sewer, an
off-street sewer or a trunk sewer to an individual tract, lot, or
parcel of land to serve one or more houses or other buildings, whether
or not connected to any house or building.
SIGNIFICANT INDUSTRIAL USER or SIGNIFICANT USER[Amended 5-31-1994]
(1)
Except as provided in Subsection
(2) of this definition:
(a)
All industrial users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N; and
(b)
Any other industrial user that discharges an
average of 25,000 gallons per day or more of process wastewater to
the POTW (excluding sanitary, non-contact cooling and boiler blowdown
wastewater); contributes a process waste stream which makes up 5%
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or is designated as such by the control
authority as defined in 40 CFR 403.12(a) on the basis that the industrial
user has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement
[in accordance with 40 CFR 403.8(f)(6)].
(2)
Upon a finding that an industrial user meeting the criteria in Subsection
(1)(b) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority [as defined in 40 CFR 403.12(a)] may at any time, on its own initiative or in response to a petition received from an industrial user or POTW and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SLUG LOAD
Any discharge at a flow rate or concentration which could cause a violation of the prohibitive discharge standards in §§
272-44 and
272-45 of this Part
2 or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.
[Amended 5-31-1994]
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.
STANDARD LABORATORY PROCEDURES
Those methods outlined in the most recent edition of the
EPA manual Methods for Chemical Analysis of Water and Wastes and/or
the APHA, AWWA and WPCF publication Standard Methods for the Examination
of Water and Wastewater or in 40 CFR 136.
STATE
The Massachusetts Division of Water Pollution Control.
STORM DRAIN or STORM SEWER
A sewer which carries stormwater and surface water and drainage
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
STORMWATER
Any flow occurring during, or following any form of, natural
precipitation and resulting therefrom, including snowmelt. This flow
shall not include any industrial or domestic wastewater.
[Added 5-31-1994]
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension
in, water, sewage or other liquids and which are removable by laboratory
filtering.
TOXIC POLLUTANT
One of the pollutants or a combination of those pollutants
which are listed as toxic in regulations promulgated by the EPA under
provisions of Section 307 of the Act.
[Added 5-31-1994]
TOXIC SUBSTANCE
Any substance or mixture, whether gaseous, liquid or solid,
which, when discharged into the sewer system, may tend to interfere
with any wastewater treatment process, constitute a hazard to human
beings or animals, inhibit aquatic life, or create a hazard to recreation
in the receiving waters of the effluent from the POTW.
UPSET
An incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards or the provisions of this Part
2 because of factors beyond the control of the industrial 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
Any person who contributes, causes or permits the contribution
of wastewater into the City's POTW.
WASTES
Substances in liquid, solid or gaseous form that can be carried
in water.
WASTEWATER
The spent water of a community, which may be a combination
of the liquid and water-carried wastes from residences, commercial
buildings, industrial plants, and institutions together with any groundwater,
surface water, and stormwater that may be present.
WATERCOURSE
A channel in which a flow of water occurs either continuously
or intermittently.