This chapter sets forth uniform requirements for users of the
publicly owned treatment works (POTW) for the City of Gardner and
enables the City to comply with all applicable state and federal laws,
including the Clean Water Act (33 U.S.C. § 1251 et seq.)
and the General Pretreatment Regulations (40 CFR 403).
A.
The objectives of this chapter are to:
(1)
Prevent the introduction of pollutants into the POTW that will interfere
with its operation.
(2)
Prevent the introduction of pollutants into the POTW that will pass-through
the POTW, inadequately treated, into the receiving waters or otherwise
be incompatible with the POTW.
(3)
Protect both POTW personnel who may be affected by wastewater and
sludge in the course of their employment and the general public.
(4)
Promote reuse and recycling of industrial wastewater and sludge from
the POTW.
(5)
Enable the City 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.
This chapter shall apply to all users of the POTW. This chapter authorizes
the issuance of wastewater discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes administrative
review procedures; and requires user reporting.
Except as otherwise provided herein, the Director of Public
Works shall administer, implement, and enforce the provisions of this
chapter. Any powers granted to or duties imposed upon the Director
may be delegated by the Director to other City employees or officers.
[Amended 11-18-2013 by Ord. No. 1563]
The following abbreviations shall have the designated meanings:
|
ASTM
|
American Society for Testing and Materials
|
|
BOD
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
United States Environmental Protection Agency
|
|
gpd
|
gallons per day
|
|
lbs/day
|
pounds per day
|
|
mg/l
|
milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
POTW
|
Publicly owned treatment works
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
SIC
|
Standard Industrial Classification
|
|
TSS
|
Total suspended solids
|
|
U.S.C.
|
United States Code
|
|
WEF
|
Water Environment Federation
|
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this chapter, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Region 1 United States Environmental Protection Agency
Administrator or a designee.
If the user is a corporation:
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; 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 (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship, a general
partner or proprietor, respectively.
If the 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 a designee.
The individuals described in Subsections A through C above may designate another authorized representative if the authorization is in writing, 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 environmental matters for the company, and the written authorization is submitted to the City.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
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 five feet outside the inner face of the building
wall.
The extension from the building drain or other nonpublic
sewers from residential, commercial and industrial areas to the public
sewer or other place of disposal.
Any regulation containing pollutant discharge limits promulgated
by the 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 to 471.
The optical density at the visual wavelength of maximum absorption,
relative to distilled water. One-hundred-percent transmittance is
equivalent to zero optical density.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The Director of the Department of Public Works, the City
of Gardner, or other designated or authorized representative of the
City.
An acquired right for the specific use of land owned by others.
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.
Any source of discharge, the construction or operation of
which commenced prior to the publication of the EPA 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.
The solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food and from the handling, storage and
sale of produce.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act.
The wastewater from industrial processes, trade, or business
as distinct from domestic or sanitary wastes.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
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 City'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 Act; the Solid Waste Disposal Act, 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 Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
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:
[Amended 11-18-2013 by Ord. No. 1563]
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
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.
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(2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined herein 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 contractual
obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters within the boundaries
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 City's NPDES permit,
including an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity, or his or its legal representatives,
agents, or assigns. This definition includes all federal, state, or
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, municipal, agricultural and industrial
wastes, and certain characteristics of wastewater (e.g., pH, temperature,
TSS, turbidity, color, BOD, COD, toxicity, or odor).
[Amended 11-18-2013 by Ord. No. 1563]
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.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 553-18 of this chapter.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned by the City. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact 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 City on the basis that it has a
reasonable potential for adversely affecting the operation of the
POTW or for violating any pretreatment standard or requirement.
Upon finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the operation of the POTW 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 a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 553-18 of this chapter.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
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.
A source of indirect discharge.
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.
That portion of the POTW designed to provide treatment of
municipal sewage and industrial waste.
