Town of Lunenburg, MA General Provisions

Unless the context specifically indicates otherwise, the meaning of terms used in these regulations 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.

AGENT

The Town of Lunenburg Sewer Commission.

APPLICANT

Any person requesting approval to discharge wastewater into the municipal facilities or a new connection to the wastewater works.

APPROVAL AUTHORITY

The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

The president, secretary, treasurer or vice president in charge of a principal business function, or any other person who performs a similar policy or decision-making function for the corporation, or the manager of one or more manufacturing, production or operation facilities, or a general partner or sole proprietor if the industrial user is a partnership or sole proprietorship, respectively, or duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the wastewater discharge originates. No person shall be considered an authorized representative of an industrial user unless the authorization is in writing.

AVAILABLE CAPACITY

Flow that is available via intermunicipal agreement or other sources that has not been previously allocated by the Sewer Commission.

BEST MANAGEMENT PRACTICES

Methods or techniques found to be the most effective and practical means in achieving an objective (such as preventing or minimizing pollution) while making the optimum use of the user's resources.

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 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

Either Fitchburg or Leominster, Massachusetts.

COD

Chemical oxygen demand.

COMBINED SEWER

A sewer receiving both wastewater and surface runoff.

COMMISSION

The Lunenburg Sewer Commission or its duly appointed agents or representatives.

COMMISSIONER

The same as "Commission."

COMPATIBLE POLLUTANTS

Wastewater constituents for which the POTW was designed or is operated to adequately treat.

CONTROL AUTHORITY

The approval authority, defined hereinabove, or the City's Superintendent if the City has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER or NON-CONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

DEP

The Department of Environmental Protection.

DEPARTMENT

The Lunenburg Department of Public Works (DPW).

DISCHARGE DOCUMENT

A wastewater discharge permit, and includes the criteria for discharge to the east or west plant, as appropriate.

DOMESTIC WASTEWATER

The wastewater principally from dwellings, business buildings, institutions and the like. It may or may not contain groundwater, surface water, stormwater or process or wash water from industrial enterprises. The term does not include process wastewater from industrial users.

ENGINEER

A person registered as a professional engineer in good standing with the Massachusetts State Board of Registration for Professional Engineers and Land Surveyors.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

EXCESSIVE

Amounts or concentrations of a constituent of a wastewater which, in the judgment of the Commission, will cause damage to any Town facility; will be harmful to a wastewater treatment process; cannot be removed in the Town treatment works to the degree required to meet the limiting stream classification standards of the Nashua River and/or EPA and state effluent standards; can otherwise endanger life, limb or public property; or can constitute a nuisance.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced before the publication by EPA of 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.

EXTENSION

Any sewer line lengthening required to connect a sewer service to a large main or sewer lateral to an outfall sewer or major trunk sewer.

FACILITIES

Includes structures and conduits for the purpose of collecting, treating, neutralizing, stabilizing or disposal of domestic wastewater and/or industrial or such other wastewaters as are disposed of by means of such structures and conduits, including treatment and disposal works necessary intercepting, outfall and outlet sewers and pumping stations integral to such facilities with sewers, equipment, furnishings thereof and other appurtenances connected therewith.

GPD

Gallons per day.

GARBAGE

The animal and vegetable wastes resulting from the handling, preparation, cooking and serving of food. It is composed largely of putrescible organic matter and its natural moisture content.

GRAB SAMPLE

A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period time not to exceed 15 minutes.

HOLDING TANK WASTE

Any waste from holding tanks, such as vessels, chemical toilets, campers, trailer, septic tanks and vacuum-pump tank trucks.

ILLEGAL CONNECTION

Any sewer pipeline running laterally from a street sewer, an off-street sewer or a trunk sewer to an individual tract, lot or parcel of land to serve one or more houses or other buildings, whether or not connected to any house or building, that was installed without proper permitting.

IMPROPER DISCHARGE

Any inflow of stormwater or groundwater which enters the sanitary sewer system through sump pumps, downspouts, roof and yard drains.

IMPROPER PASS-THROUGH

A discharge which exits the POTW into waters of the commonwealth or 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 Town's NPDES permit, including an increase in the magnitude or duration of a violation.

INDIRECT DISCHARGE

The discharge or introduction of nondomestic pollutants from any source subject to or regulated under Section 307(b), (c), or (d) of the Act into the POTW (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 WASTEWATER

All water-carried wastes and wastewater, excluding domestic wastewater and unpolluted water; includes all wastewater from any producing, manufacturing, processing, testing, institutional, commercial, agricultural or other operation where the wastewater discharged includes nondomestic wastes.

INSPECTOR

The Department of Public Works (DPW) Director or his designee.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration of a pollutant allowed to be discharged at any one time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW (publicly owned treatment works), the sewer system, treatment processes or operations, sludge processes use or disposal and 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 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.

NATIONAL CATEGORICAL PRETREATMENT STANDARD, 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 which apply to a specific category of users and which existed on the effective date of these regulations as codified at 40 CFR, Chapter 1, Subchapter N, Parts 405 to 471, as the same may from time to time be amended.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.

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; 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 or wastewater-generating processes or the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining if 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 shall 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 (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.

(3)

For the purpose of this definition, construction of a "new source" has commenced if the owner or operator has:

(a)

Begun, or caused to begin, as part of a continuous on-site construction program:

[1]

Any replacement, assembly or installation of facilities or equipment; or

[2]

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 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.

NORMAL OPERATING DAY

A twenty-four-hour day or such fewer hours during which standard and routine operations and work of the facility are conducted. It would include but is not limited to daily cleaning, routine maintenance and production. It would not include work stoppages, scheduled and unscheduled shutdowns, holiday schedules, major cleanup and the like.

OIL AND GREASE

Any liquid or solid material composed primarily of fat, oil, and grease (FOG), from animal and vegetable sources, which is extractable from an acidified sample of a waste by freon or other designated solvent and as determined by the appropriate standard procedure.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity, federal, state or local, or any other entity or legal representative, agents or assign of any of them.

The logarithm of the reciprocal of the amount of hydrogen ions in moles per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical waste, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural and commercial wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor) or any other contaminant.

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 pollutant, the elimination of pollutants, 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 in the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by 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.

PRETREATMENT STANDARDS or STANDARDS or NATIONAL PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to industrial users. The term includes prohibitive discharge limits, prohibitive discharge standards, categorical standards, and local limits.

PROHIBITIVE DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances as set forth in Article III of these regulations.

PROPERLY SHREDDED GARBAGE

Garbage that has 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 or POTW

Fitchburg or Leominster POTW designed to provide treatment to wastewater.

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.

PUBLIC WORKS

The Lunenburg Department of Public Works, also referred to as the "Department."

QPR

High performance coal patch.

RCRA

Resource Conservation and Recovery Act.

RECEIVING WATERS

Any watercourse, river, pond, ditch, lake, aquifer or other body of surface water or groundwater receiving discharge of wastewater.

SANITARY SEWER

A sewer which carries wastewater and to which stormwater, surface water and groundwaters are not intentionally admitted.

SEPTAGE

The sludge produced in individual domestic on-site wastewater disposal systems, such as septic tanks and cesspools.

SEWER

A pipe or conduit for carrying wastewater.

SEWER CONNECTION

A sewer pipeline running laterally from a street sewer, an off-street sewer or a trunk sewer to an individual tract, lot or parcel of land to serve one or more houses or other buildings, whether or not connected to any house or building.

SEWER EXTENSION

An extension of the public sewer controlled by the Town.

SIGNIFICANT INDUSTRIAL USER or SIGNIFICANT USER

(1)

A user subject to categorical pretreatment standards; or

(2)

A user that:

(a)

Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the POTW per normal operating day; or

(b)

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

(c)

Is designated as such by the Commission on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(3)

Upon a finding that a user meeting the criteria in Subsection (b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Commission 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

Operating day of water, wastewater 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 or flow during a normal operating day. A "slug" shall include operating day at a flow rate or concentration which could cause a violation of the prohibited discharge standards. It shall include any meaning assigned to that term in the National Categorical Pretreatment Standards.

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.

STANDARD LABORATORY PROCEDURES

Those methods outlined in the most recent edition of the EPA manual Methods for Chemical Analysis of Water and Wastes and/or the APHA, AWWA, WPCF publication Standard Methods for the Examination of Water and Wastewater or in 40 CFR 136.

STATE

The Massachusetts Division of Water Pollution Control.

STORM DRAIN or STORM SEWER

A sewer which carries stormwater and surface waters and drainage but excludes wastewater and industrial wastes, other than unpolluted cooling water.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The same as "Commission."

SUSPENDED SOLIDS

Solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are removable by laboratory filtering and are referred to as nonfilterable residue in the laboratory test prescribed in Standard Methods for the Examination of Water and Wastewater.

T-CONNECTION

The point at which the house connection meets the sewer main.

TOWN

The Town of Lunenburg.

TOXIC SUBSTANCES

Any substance or mixture, whether gaseous, liquid or solid, which, when discharged into the sewer system, may tend to interfere with any wastewater treatment process, constitute a hazard to human beings or animals, inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent from the POTW.

TYPE I

Bituminous concrete.

UNPOLLUTED WATER

Water whose discharge will not cause any violation of receiving water standards of the Commonwealth of Massachusetts.

UPSET

An incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards or the provisions of these regulations because of factors beyond the control of the industrial user. An "upset" does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

USER

Any person who contributes, causes or permits the contribution of wastewater into the City of Fitchburg's or Leominster's POTW.

WASTES

Substances in liquid, solid or gaseous form that can be carried in water.

WASTEWATER

The spent water of a community, which may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water or stormwater that may be present.

WASTEWATER DISCHARGE PERMIT

The permit required of significant industrial users to discharge to the POTW.

WASTEWATER SYSTEM or SYSTEM

The publicly owned treatment works.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

Word usage. "Shall" is mandatory; "may" is permissive.

Abbreviations. The following abbreviations shall have the designated meanings:

	BOD	Biochemical oxygen demand
	COD	Chemical oxygen demand
	CFR	Code of Federal Regulations
	EPA	Environmental Protection Agency
	FOG	Fats, oils, and grease
	gpd	Gallons per day
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	O/G	Oil and grease
	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

Interpretation.

(1)

In the construction of these regulations, the use of the masculine gender shall include the feminine, and the singular shall include the plural where the context so indicates.

(2)

These regulations shall be construed and interpreted so as to be consistent with the Act and the regulations of the EPA promulgated thereunder. It is the intent of the Town to vest the Commission with all the powers necessary and reasonably useful to fulfill the Town's and the City's POTW obligations under the Act and regulations promulgated thereunder and any stricter or additional obligations imposed by the commonwealth or its agencies.

(3)

Whenever reference is made to any federal or state statute or regulation, it shall mean the statute or regulation existing on the effective date of these regulations and as the context permits or requires. It shall also mean and include the statute or regulation as the same may from time to time be amended.

(4)

Any reference in the chapter to the "Town" shall mean, where the context permits, the Commission.