Exciting enhancements are coming soon to eCode360! Learn more ๐Ÿกช
Town of Bridgeville, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
A.ย 
This Part 2 sets forth uniform requirements for users of the wastewater collection and publicly owned treatment works (POTW) for the Town of Bridgeville and enables the town to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. ยงย 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this Part 2 are to:
(1)ย 
Prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW.
(2)ย 
Prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW.
(3)ย 
Ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations.
(4)ย 
Protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public.
(5)ย 
Improve the opportunity to recycle and reclaim wastewater and sludge from the POTW.
(6)ย 
Provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW.
(7)ย 
Enable the town to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject.
B.ย 
This Part 2 shall apply to all persons who discharge directly or indirectly to the POTW. This Part 2 regulates sewer use; authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires industrial 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 Commissioners shall administer, implement and enforce the provisions of this Part 2. Any powers granted to or duties imposed upon the Commissioners may be delegated by the Commissioners to other town personnel.
A.ย 
Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part 2, 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. ยงย 1251 et seq.
APPROVAL AUTHORITY
An NPDES state with an approved state pretreatment program; otherwise, the appropriate Regional Administrator of the United States Environmental Protection Agency, or his or her designee.
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL USER
(1)ย 
If the industrial user is a corporation, "authorized industrial user" shall mean:
(a)ย 
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)ย 
The manager of one or more manufacturing, production or operation facilities employing more than 250 personnel or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2)ย 
If the industrial user is a partnership or sole proprietorship, "authorized industrial user" shall mean a general partner or proprietor, respectively.
(3)ย 
If the industrial user is a federal, state or local governmental facility, "authorized industrial user" shall mean a director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.
(4)ย 
The individual described in Subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specified 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.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in ยงย 190-16A. BMPs 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.
[Added 11-9-2009 by Ord. No. A09-10]
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.ยบ expressed in terms of mass and concentration milligrams per liter (mg/l). โ€œTotal biochemical oxygen demand" (TBOD) shall be determined from an unfiltered sample.โ€ Soluble biochemical oxygen demand" (SBOD) shall be that portion of the TBOD sample remaining as filtrate after filtering in the laboratory in accordance with approved procedures.
BULK USERS
A group of property owners that share infrastructure.
[Added 5-12-2008 by Ord. No. A08-5]
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. ยงย 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.[1]
COLOR
The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmission is equivalent to zero and zero-tenths (0.0) optical density.
COMPOSITE SAMPLE
The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
CONTROL AUTHORITY
The Commissioners of Bridgeville or their duly appointed representatives.
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 Regional Water Management Division Director or other duly authorized official of said agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the publication 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.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into the POTW from any source, including pollutants from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration (or loading) 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.
INTERFERENCE
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 more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
MAXIMUM ALLOWABLE COMPOSITE CONCENTRATION
The maximum concentration (or loading) of a pollutant allowed to be discharged, determined from a composited sample.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NEW SOURCE
(1)ย 
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)ย 
The building, structure, facility or installation is constructed at a site at which no other source is located; or
(b)ย 
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)ย 
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)ย 
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 process or production equipment.
(3)ย 
Construction of a new source as defined under this subsection has commenced if the owner or operator has:
(a)ย 
Begun or caused to begin as part of a continuous on site construction program:
[1]ย 
Any placement, assembly or installation of facilities or equipment, or
[2]ย 
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.
(b)ย 
Entered 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 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.
OIL and GREASE
A measure of biological liquids, mineral hydrocarbons and any other substance soluble in trichlorotrifluoroethane.
PASS THROUGH
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).
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. This definition includes all federal, state or local government entities.
pH
A measure of the acidity or alkalinity of a substance, expressed in standard units.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor or other constituent).
PRETREATMENT
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.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS
Prohibitive discharge standards, categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in ยงย 190-16 of this Part 2.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works as defined by Section 212 of the Act (33 U.S.C. ยงย 1292), which is owned by the state or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
SEPTIC TANK WASTE or SEPTAGE
Any sewage from holding tanks, such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER
Applies to industrial users subject to Categorical Pretreatment Standards and any other industrial user that discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater, contributes, with or without pretreatment, a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the treatment plant or is designated as significant by the town 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.
SLUG LOAD
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in ยงย 190-16 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.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STANDARD METHODS
The latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater as prepared, approved and published jointly by the American Public Health Association, the American Water Work Association and the Water Pollution Control Federation.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.
SUSPENDED SOLIDS
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.
TOTAL KJELDAHL NITROGEN
A measure of the organic nitrogen and ammonia nitrogen in a wastewater.
TOXIC POLLUTANT
One (1) of the one hundred twenty-six (126) pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of Section 307 (33 U.S.C. ยงย 1317) of the Act.
TOWN
Town of Bridgeville or Commissioners of Bridgeville or their duly appointed representatives.
TREATMENT PLANT EFFLUENT
Any discharge of pollutants from the POTW into waters of the state.
USER or INDUSTRIAL USER
A source of indirect discharge or discharge.
WASTEWATER
Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
That portion of the POTW designed to provide treatment of sewage and industrial waste.
[1]
Editor's Note: Former Subsection F, which immediately followed this definition and contained a definition of the word "town," was repealed 7-8-1996 by Ord. No. 1796.
B.ย 
Word usage. "Shall" is mandatory; "may" is permissive or discretionary. The use of the singular shall be construed to include the plural, and the plural shall include the singular as indicated by the context of its use.
The following abbreviations shall have the designated meanings;
TBOD
Total biochemical oxygen demand
SBOD
Soluble biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
United States Environmental Protection Agency
gpd
Gallons per day
l
Liter
mg
Milligrams
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
O&M
Operation and maintenance
POTW
Publicly owned treatment works
RCRA
Resource Conservation and Recovery Act
SIC
Standard industrial classifications
SWDA
Solid Waste Disposal Act (42 U.S.C. ยงย 6901 et seq.)
TSS
Total suspended solids
USC
United States Code
TKN
Total Kjeldahl nitrogen