Terms defined. Unless the context specifically indicates
otherwise, the meaning of terms used in this chapter 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.
ALLOCATION
The allowable quantity and concentrations of sewage, water,
waste and wastewater to be discharged into the sanitary sewer system
by any person, firm, corporation or legal entity as determined by
the approving authority or in accordance with applicable federal,
state, county or City statutes, ordinances or regulations, the more
stringent of which shall govern and control.
APHA
The American Public Health Association.
APPROVING AUTHORITY
The Manager of the Water and Sewer Department or some other
person or agency as may be designated by the Mayor of the City of
Hagerstown, subject to the approval of the Council.
ASTM
The American Society for Testing and Materials.
AUTHORIZED REPRESENTATIVE
(1)
A responsible corporate officer such as a president,
secretary, treasurer or 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 or
the manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000, if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2)
A general partner or proprietor if the industrial
user is a partnership or sole proprietorship respectively.
(3)
A duly authorized representative of the individual
designated in Subsection A(1) or (2) above if:
(a)
The authorization is made in writing by the
individual described in Subsection A(1) or (2);
(b)
The authorization specifies either an individual
or a position having responsibility for the overall operation of the
facility from which the industrial discharge originates, such as the
position of plant manager, operator of a well or a position of equivalent
responsibility or having overall responsibility for environmental
matters for the company; and
(c)
The written authorization is submitted to the
Control Authority.
(4)
If authorization under Subsection A(3) is no
longer accurate because a different individual or position has responsibility,
a new authorization must be submitted to the publicly owned treatment
works (POTW) prior to or together with any reports to be signed by
an authorized representative.
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The value expressing the quantity of oxygen required by the
bacteria to stabilize the organic matter in the wastewater in a test
of five consecutive days at 20° C., expressed in milligrams per
liter (mg/l), as determined in accordance with the latest issue of
the APHA's Standard Methods for the Examination of Water and Wastewater
or by a method acceptable to the State Department of the Environment
or the State Department of Natural Resources of the United States
Environmental Protection Agency.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system
which receives the discharge from waste pipes inside the walls of
the building and conveys it to the building sewer, beginning 1.5 meters
(five feet) outside the thinner face of the building wall.
BUILDING SEWER
The sewer from the building drain to the service connection.
BYPASS
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
CITY
The City of Hagerstown, Maryland.
CHEMICAL OXYGEN DEMAND (COD)
A measure of the oxygen-consuming capacity of inorganic and
organic matter present in water or wastewater. It is expressed as
the amount of oxygen consumed from a chemical oxidant in a specific
test, expressed in milligrams per liter (mg/l), as determined in accordance
with the latest issue of the APHA's Standard Methods for the Examination
of Water and Wastewater or by a method acceptable to the State Department
of the Environment or the State Department of Natural Resources of
the United States Environmental Protection Agency.
COLOR OF SEWAGE, WATER, WASTE AND WASTEWATER
The hue, lightness and saturation of the light transmitted
by the waste solution prior to, during and after removing the suspended
material and the pseudocolloidal particles representing apparent color,
as well as the soluble matter representing true color.
COMBINED SEWER
A sewer receiving sewage, water, waste and wastewater, to
include stormwater, groundwater and surface water.
COMMERCIAL ESTABLISHMENT
Any structure or any portion thereof intended to be used
wholly or in part for the purpose of carrying on a trade, business
or profession or for social, amusement, religious, educational, charitable
or public uses and which contains plumbing for kitchen, toilet, testing
or washing facilities.
CROSS-CONNECTION
The direct arrangement of any piping, line or hose which
allows the potable water supply to be connected to a drain, tank or
sewer which contains a contaminant.
CUSTOMER
Includes any person, persons, institution, firm, business,
agency or corporation or legal entity of whatsoever nature or kind,
irrespective of gender, who may be an applicant for or a user in any
manner of the sanitary sewer system of the Water and Sewer Department
of the City. The terms "he," "him," "his" and others that may be used
in the plural or singular vernacular shall be construed as falling
within the above, whether used in the singular or plural case and
regardless of gender.
DISCHARGE
The act of or point at which sewage, water, waste and/or
wastewater are emptied or released into, permitted to flow into or
escape into manholes, sanitary sewers, storm drains or similar appurtenances
or fixtures thereof or into receiving waters by means of various plumbing
fixtures, piping or channels or in any other manner whatsoever, whether
intentional or otherwise.
DOMESTIC WASTE
Any solid, liquid or gaseous substance containing only human
wastes and/or household wastes discharged, permitted to flow or escaping
from any residential, industrial, manufacturing, commercial, institutional
or business establishment.
FEDERAL
Of or relating to the government or any administrative agency
of the United States of America.
GARBAGE
Solid wastes from the domestic or commercial preparation,
cooking and/or dispensing of food or from the handling, storage and/or
sale of produce.
INDUSTRIAL ESTABLISHMENT
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, processing, testing, cleaning, laundering
or assembly of any product, commodity or article.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy discharged, permitted to flow or escaping from any
industrial, manufacturing, commercial, institutional or business establishment
or process or from the development, recovery or processing of any
natural resource, which substance, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by-product
or waste product or which substance possesses any characteristic of
other than a domestic waste nature.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
(1)
Inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal;
and
(2)
Therefore 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 in compliance 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
Substances Control Act; and the Marine Protection, Research and Sanctuaries
Act.
MANAGER
The duly appointed Manager of the Water and Sewer Department
of the City of Hagerstown, Maryland, who shall be responsible for
all aspects of the Water and Sewer Department.
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 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 A(1)(b) or (c)
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 subsection, has commenced if the owner 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 with 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.
PASS-THROUGH
A discharge which exists 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).
PERMIT
A sanitary sewer connection permit or an industrial waste
discharge permit or an allocation increase permit.
PERSON
Any individual, firm, public corporation, private corporation,
municipal corporation, nonprofit corporation, partnership, association,
society, state of the United States of America, political subdivision
or agency of a state, interstate body or any other legal entity of
whatsoever nature or kind.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
PLUMBING INSPECTOR
The duly designated Plumbing Inspector of the City of Hagerstown,
Maryland.
POLLUTED WATERS
Waters which have been contaminated by the addition of wastewater
or other harmful or objectionable materials or by any man-made or
man-induced alteration of the chemical, physical, biological and/or
radiological integrity of water.
PRETREATMENT
Any process whereby undesirable constituents in the sewage,
water, waste and wastewater, including but not limited to soluble
organics, toxic materials, heavy metal ions, color and turbidity,
nutrients, refractory materials, oils, grease and immiscible liquids,
acids and alkalis, organic and inorganic solids, excessive temperatures,
pathogenic wastes and radioactive isotopes, are reduced to levels
deemed acceptable by the Water and Sewer Department before these wastewaters
are admitted to the water pollution control system.
PRIVATE DWELLING OR LIVING UNIT
A structure or dwelling intended to be used as a single-family
residence or an apartment intended to be used as a single-family residence
or any other single-family living unit.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and/or 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 the public sanitary sewers, with no particle greater than 1.27
centimeters (1/2 inch) in any dimension.
PUBLIC SANITARY SEWER
A sanitary sewer owned by the City or other government agency
and an integral part of the City's water pollution control system.
PUBLIC STORM DRAIN
A storm drain owned by the City and an integral part of the
City's drainage system.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
SERVICE CONNECTION
That portion of the sanitary sewer between the sewer main
and the curbline, existing or proposed, to which the building sewer
is connected.
SEVERE PROPERTY DAMAGE
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable or substantial and
permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. "Severe property damage" does
not mean economic loss caused by delays in production.
SEWAGE
Any combination of the water-carried domestic and/or industrial
wastes from various customers, including residences, business buildings,
institutions or industrial establishments, together with such groundwater,
surface water and stormwater as may be present.
SEWER
A pipe or conduit which carries sewage, water, waste and
wastewater.
SIGNIFICANT INDUSTRIAL USER
(1)
Any industrial user who:
(a)
Is subject to National Categorical Standards;
(b)
Discharges an average of 25,000 gallons per
day or more of process wastewater (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
(c)
Contributes a process waste stream that makes
up 5% or more of the hydraulic or organic capacity of the POTW; or
(d)
Is found by the City, state or EPA to have significant
impact either singly or in combination with other contributing industries
to the POTW, the quality of the sludge, the POTW's effluent quality
or air emissions generated by the system.
(2)
Upon a finding that an industrial user meeting
the above criteria of this definition has no reasonable potential
for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement, the City may at any time, on
its own initiative or in response to a petition received from an industrial
user, and in accordance with 40 CFR 403.8(f)(6), determine that such
industrial user is not a "significant industrial user."
SLUG
Any discharge of significant quantities of water, sewage,
industrial waste which in concentration of any given constituent or
quantity of flow could cause interference of the treatment works,
pass-through the POTW treatment plant, endanger sewer worker safety,
contaminate the sludge or cause a violation of any permit issued to
the POTW.
STATE
The State of Maryland or any of its various departments or
administrative agencies.
STORM DRAIN
A pipe or conduit which carries storm- and surface waters
and drainage but excludes sewage and industrial wastes other than
unpolluted cooling water.
SUPERINTENDENT OF THE WATER POLLUTION CONTROL PLANT
The duly appointed Superintendent of the water pollution
control plant of the City of Hagerstown, Maryland, who shall be directly
responsible to the approving authority for all aspects of the water
pollution control plant.
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.
WASTEWATER
Any combination of the water-carried domestic and/or industrial
wastes from various customers, including residences, business buildings,
institutions or industrial establishments, together with such groundwater,
surface water and stormwater as may be present.
WATERCOURSE
A channel or conduit in which a flow of water occurs either
continuously or intermittently, whether natural or constructed, coated
or caused by any person as defined herein.
WATERS
Odorless, tasteless, very slightly compressible liquid oxides
of hydrogen H2O, to include both surface waters
which flow on top of the ground and groundwaters which penetrate into
the soil.
WEF
The Water Environment Federation.