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).
The objectives of this chapter are to:
Prevent the introduction of pollutants into the POTW that will interfere with its operation.
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.
Protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public.
Promote reuse and recycling of industrial wastewater and sludge from the POTW.
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.
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:
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, 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. § 1251 et seq.
- APPROVAL AUTHORITY
- The Region 1 United States Environmental Protection Agency Administrator or a designee.
- A. If the user is a corporation:
- (1) 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
- (2) 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.
- B. If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
- C. 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.
- D. 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.
- BIOCHEMICAL OXYGEN DEMAND
- 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).
- 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 five feet outside the inner face of the building wall.
- BUILDING SEWER
- 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.
- CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
- 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.
- 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.
- 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.
- 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 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.
- GRAB SAMPLE
- 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.
- INDIRECT DISCHARGE or DISCHARGE
- The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
- INDUSTRIAL WASTES
- The wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
- INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
- 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.
- MEDICAL WASTE
- 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.
- A. 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]
- (1) The building, structure, facility, or installation is constructed at a site at which no other source is located;
- (2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
- (3) 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.
- B. 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.
- C. Construction of a new source as defined herein has commenced if the owner or operator has:
- (1) Begun, or caused to begin, as part of a continuous on-site construction program:
- (a) Any placement, assembly, or installation of facilities or equipment; or
- (b) 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
- (2) 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.
- 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.
- 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.
- PRETREATMENT REQUIREMENTS
- Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
- PRETREATMENT STANDARDS or STANDARDS
- Prohibited 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 § 553-18 of this chapter.
- PUBLICLY OWNED TREATMENT WORKS or POTW
- 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.
- SEPTIC TANK WASTE
- 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. A user subject to categorical pretreatment standards; or
- B. A user that:
- (1) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
- (2) 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
- (3) 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.
- C. 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.
- SLUG LOAD or SLUG
- Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 553-18 of this chapter.
- STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
- 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.
- 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.
- USER or INDUSTRIAL USER
- 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.
- WASTEWATER TREATMENT PLANT or TREATMENT PLANT
- That portion of the POTW designed to provide treatment of municipal sewage and industrial waste.