Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
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.
ADMINISTRATOR
The Administrator of the United States Environmental Protection
Agency.
APPROVAL AUTHORITY
The Director in a National Pollutant Discharge Elimination
System state with an approved state pretreatment program and the Administrator
of the Environmental Protection Agency in a non-National Pollutant
Discharge Elimination System state or National Pollutant Discharge
Elimination System state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(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
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 wall 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.
CITY
The City of Marlborough, Massachusetts.
COMMISSIONER
The Commissioner of Public Works of the City or his authorized
deputy, agent or representative.
CONTROL AUTHORITY
Refers to the approval authority, defined hereinabove, or
the Commissioner if the City 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
to the waters of the Commonwealth of Massachusetts.
DOMESTIC WASTES
The liquid wastes generated by residential domestic activities
containing fecal matter, urine and drainage from bathing and residential
food preparation. Domestic wastes are also known as "sanitary sewage."
ENVIRONMENTAL PROTECTION AGENCY
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.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the 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 TANKS
Vessels, such as 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 publicly owned treatment works (including
holding tank waste discharged into 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).
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from domestic 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 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 the 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; or 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
of wastewater-generating processes of the building, structure, facility
or installation are substantially independent of an existing source
of 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 this section, 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 that the owner or operator has: a) begun
or causes 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 are intended
to be used in this 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 definition.
PASSTHROUGH
The discharge of pollutants through the POTW into navigable
waters in quantities or concentrations which alone or in conjunction
with 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, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representative, 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 of the reciprocal of the weight of hydrogen
ions 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.
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 into a publicly owned treatment works.
The reduction or alteration can be obtained by physical, chemical
or biological processes or process changes of 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 than 1/2 inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the City.
This definition includes any sewers that convey wastewater to the
sewage treatment plant but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment. For the
purposes of this chapter, "Publicly owned treatment works" shall also
include any sewers that convey wastewaters to the publicly owned treatment
works from persons outside the City who are, by contract or agreement
with the City, users of the City's publicly owned 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 stormwaters, surface
waters and groundwaters are not intentionally admitted.
SEWAGE (WASTEWATER OR WASTE)
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwaters, surface waters and stormwaters as may be present,
which is contributed to or permitted to enter the publicly owned treatment
works.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER
A pipe or conduit for carrying sewage.
SIGNIFICANT USER
Any user of the City's wastewater disposal system who has
a discharge flow of 5,000 gallons or more per average workday; has
a flow greater than 5% of the flow in the City's wastewater treatment
system; has in his wastes toxic pollutants as defined pursuant to
Section 307 of the Act or the General Laws of the Commonwealth; or
is found by the City, 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
users, on the wastewater treatment system, the quality of sludge,
the system's effluent quality or air emissions generated by the system.
SLUG
Any discharge of a nonroutine, episodic nature, including,
but not limited to, any accidental spill or noncustomary batch discharge
which may cause interference to the POTW.
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.
STATE
The Commonwealth of Massachusetts.
STORM DRAIN (STORM SEWER)
A sewer which carries stormwaters and surface waters and
drainage, but sewage and industrial wastes, other than unpolluted
process and cooling water, are intended to be excluded.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUSPENDED SOLIDS
Solids that either float on the surface or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
TOXIC POLLUTANTS
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of the Clean Water Act § 307(a)
or other acts.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the City's publicly owned treatment works.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
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.