Unless specifically indicated in these rules and regulations,
the meaning of terms used 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.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of an industrial user may be:
(1)
A responsible executive officer [President, Secretary, Treasurer or
Vice President or other person who performs similar policy-making or decisionmaking
functions for the corporation, including a manager of a facility employing
250 persons or more or having gross annual sales of $25 million (1980 dollars)
or more], 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 and a written authorization is
submitted to the publicly owned treatment works (POTW) by the individual being
represented.
BOARD OF SELECTMEN
The duly elected Board of Selectmen of the Town of Belchertown or
its authorized deputy, agent or representative.
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
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.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by the Environmental Protection Agency (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 through 471.
COMPOSITE SAMPLE
A sample which represents many aliquots taken throughout an extended
time period.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the
waters of the Commonwealth of Massachusetts.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency, or, where appropriate,
the term also may be used as a designation for the Administrator or other
duly authorized official of said agency.
GARBAGE
The solid wastes from the domestic and commercial preparation, cooking
and dispensing of food and from handling, storage and sale of produce.
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 or DISCHARGE
The discharge or the introduction of pollutants into the POTW from
any nondomestic source regulated under Section 307(b), (c) or (d) of the Act
(including holding waste discharged into the system).
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade
or business, as distinct from sanitary sewage.
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.
NATURAL OUTLET
Any outlet into a watercourse, 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 of 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 stated
above but otherwise alters, replaces or adds to existing process or production
equipment.
(3)
Construction of a new source as defined under this subsection has commenced
if the owner or operator has 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 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 contract 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
A discharge of pollutant 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 POTW's NPDES permit (including an increase
in the magnitude or duration of a violation).
PERSON
Any individual, firm, company, association, society, corporation,
governmental agency or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter of solution.
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 may be obtained by
physical, chemical or biological processes or process changes or 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.
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 that 1/2 inch (1.27 centimeters) in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW) or SEWAGE WORKS
A treatment works, as defined in Section 212 of the Act (33 U.S.C.
§ 1292), which is owned in this instance by the town. This definition
includes any devices and systems used in the storage, treatment, recycling
and reclamation of liquid wastes, including 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
chapter, "POTW" shall also include any sewers that convey wastewaters to the
POTW from persons outside the town who are, by contract or agreement with
the town, users of the town's POTW. The term also means the town and/or
its agents having jurisdiction over the indirect discharges to and the discharges
from such treatment works.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights
and which is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface and ground
waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business
buildings, institutions and industrial establishments, together with such
ground-, surface and storm waters as may be present.
SEWER
A pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER
(1)
All industrial users subject to National Categorical Standards under
40 CFR 403.6 and 40 CFR Chapter I, Subchapter N, and any other industrial
user that discharges an average of 25,000 gallons per day (gpd) or more of
process wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater); or contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity of
the POTW; or is designated as such by the POTW on the basis that the industrial
user has a reasonable potential to adversely affect the POTW's operation
or violate a pretreatment standard or requirement.
(2)
Upon a finding that an industrial user, excluding industrial users subject
to National Categorical Pretreatment Standards, has no reasonable potential
for adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement, the POTW may, in accordance with 40 CFR 403.8(f)(6),
determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE
A user is in significant noncompliance if it meets one or more of
the following criteria:
(1)
Chronic violations of discharge limits. ("Chronic violations" means
that 66% or more measurements taken in a six-month period exceed the daily
maximum limit or average limit for the same pollutant parameter.)
(2)
Technical review criteria (TRC) violations, which means that 33% or
more of all measurements for each pollutant parameter taken in a six-month
period equal or exceed the product of the daily maximum limits or average
limit multiplied by the TRC. (TRC equals 1.4 for BOD, TSS, fats and oil and
grease. TRC equals 1.2 for all other pollutants except pH.)
(3)
Any other violation of effluent pretreatment limits which the POTW determines
has caused, alone or in conjunction with other discharges, pass-through or
interference or which endangers the health of POTW workers or the general
public.
(4)
Any discharge which caused imminent endangerment to human health, welfare
or the environment or has resulted in the POTW's exercise of its emergency
authority to halt or prevent such discharge.
(5)
Failure to meet a compliance schedule milestone contained in a local
control mechanism or enforcement order or attain final compliance within 90
days after the schedule date.
(6)
Failure to submit reports, including baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports and compliance schedule
reports, within 30 days of the due date.
(7)
Failure to accurately report noncompliance.
(8)
Any other violation or group of violations which the POTW has determined
to have the potential to adversely affect POTW operations or implementation
of the local pretreatment program.
SLUG
Any discharge of water, sewage or industrial waste 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 operations or which could cause a violation
of Prohibited Discharge Standards.
STATE
The Commonwealth of Massachusetts.
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
Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Administrator of the Environmental Protection Agency under
the provision of Clean Water Act (CWA) Section 301(a) or other acts.
USER
Any person who contributes, causes or permits the contribution of
wastewater into the town's POTW.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or
intermittently.