[Ord. of 5-5-2008[1]]
(a)
This Part sets forth uniform requirements for users of the publicly
owned treatment works ("POTW") of the City of Old Town ("City") and
enables the City to comply with all applicable state and federal laws,
including the Clean Water Act (33 United States Code § 1251
et seq.) and the General Pretreatment Regulations (40 Code of Federal
Regulations Part 403). Recognizing that significant opportunities
exist to reduce or prevent pollution at its source through cost-effective
practices, and that such practices can offer savings through reduced
purchases of materials and resources, a decreased need for pollution
control technologies, and lower liability costs, as well as assisting
to protect the environment, the City establishes the following objectives
of this Part:
(1)
To prevent the introduction of pollutants into the POTW that
will interfere with its operation;
(2)
To prevent the introduction of pollutants into the POTW that
will pass through the POTW, inadequately treated, into receiving waters,
or otherwise be incompatible with the POTW;
(3)
To protect both POTW personnel, who may be affected by wastewater
and sludge in the course of their employment, and the general public;
(4)
To promote reuse of sludge from the POTW;
(5)
To enable the City to comply with its Maine Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state law to which the POTW is subject; and
(6)
To promote, consistent with the policy of the federal government:
a.
The prevention or reduction of pollutants at the source whenever
feasible;
b.
Recycling in an environmentally safe manner when pollution cannot
be prevented;
c.
Treatment in an environmentally safe manner of pollution that
cannot be prevented or recycled; and
d.
Disposal or other release into the environment in an environmentally
safe manner only as a last resort.
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To encourage the development of these efforts, the City may:
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Set City-wide pollution prevention goals;
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Organize an assessment program task force;
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Review data and inspect sites;
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Develop pollution prevention options;
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Conduct a feasibility analysis of selected options; and
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Promote implementation of pollution prevention techniques.
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(b)
This Part shall apply to all users of the POTW. This Part authorizes
the issuance of wastewater discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes administrative
review procedures; and requires user reporting.
[1]
Editor's Note: This ordinance superseded former Ch. 16, Sewers,
adopted as Rev. Ords. 1953, Ch. 15, as amended.
[Ord. of 5-5-2008]
Except as otherwise provided herein, the Superintendent shall
administer, implement, and enforce the provisions of this Part. Any
powers granted to or duties imposed upon the Superintendent may be
delegated by the Superintendent to other City personnel.
[Ord. of 5-5-2008]
The following abbreviations, when used in this Part, shall have
the following designated meanings:
Biochemical oxygen demand.
Code of Federal Regulations.
Chemical oxygen demand.
Maine Department of Environmental Protection.
United States Environmental Protection Agency.
Fats, oils and grease.
Gallons per day.
Industrial discharge permit.
Maine Department of Transportation.
Maine Pollutant Discharge Elimination System.
Milligrams per liter.
Publicly owned treatment works.
Resource Conservation and Recovery Act.
Maine Revised Statutes Annotated.
Standard industrial classification.
Total dissolved solids.
Total suspended solids.
United States Code.
[Ord. of 5-5-2008]
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Part, shall have the meanings hereinafter
designated:
The American Society for Testing and Materials.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the EPA or his duly appointed
agent.
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 decisionmaking 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.
The individuals described in Paragraphs (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).
Any person, persons or corporations who undertake to construct,
either under contract or for resale, any habitable building.
That part of the lowest horizontal piping of a drainage system
that 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 to the public sewer
or other place of disposal, also called "house connection." The building
sewer shall be owned and maintained by the owner of the property served.
The intentional diversion of waste streams from any portion
of a wastewater treatment facility.
Any regulation containing pollutant discharge limitations
promulgated by the EPA in accordance with Sections 307(b) and (c)
of the Act (33 U.S.C. § 1317) that apply to a specific category
of users and that appear in 40 CFR Chapter I, Subchapter N, Parts
405-471.
The City of Old Town, Maine.
The duly elected City Council of the City of Old Town or
its authorized deputy or representative.
A sewer intended to receive both wastewater and stormwater
or surface water.
Premises used for financial gain, such as business or industrial
use, but excluding residential uses and related accessory uses.
The Commissioner of the Maine Department of Environmental
Protection, or the Commissioner's duly appointed agent.
Biochemical oxygen demand, suspended solids, pH, and fecal
coliform bacteria.
Any person, firm or corporation approved by the City Council
to do work for the City.
Refers to the Regional Administrator of the EPA.
The Maine Department of Environmental Protection.
Any person, persons or corporation who undertakes to construct
simultaneously more than one housing unit on a given tract or land
subdivision.
Normal water-carried household and toilet wastes or waste
from sanitary conveniences of residences, commercial buildings, and
industrial plants, excluding groundwater, surface water, or stormwater
and containing no industrial waste. (See also "industrial wastes.")
An acquired legal right for the specific use of land owned
by others.
The United States Environmental Protection Agency or, where
appropriate, the EPA 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 by the 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.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
A line without access from individual properties, providing
a connection from a pump station to a pump station, trunk, or sanitary
sewer main.
The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
A sample that 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 material removed from a grease interceptor (trap) serving
a restaurant or other facility requiring such grease interceptors;
also means volatile and nonvolatile residual fats, fatty acids, soaps,
waxes and other similar materials.
Those persons, firms, or corporations who pump, haul, transport,
or dispose of septage and who are licensed by the Maine Department
of Environmental Protection pursuant to the DEP's Rules (06-096, Chapter
411) and rules adopted to implement said section.
The liquid or solid matter discharged from the intestinal
canal of a human, or other liquid or solid waste materials that are
likely to undergo bacterial decomposition.
Any pollutant that is not a compatible pollutant.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
The written permit between the City and an industrial user
that outlines the conditions under which discharge to the POTW will
be accepted.
A person who discharges industrial wastes to the POTW of
the City.
The wastewater and water-borne wastes from any liquid, gaseous,
or solid waste substance resulting from any process of industry, manufacturing,
trade or business or from development of any natural resources, as
distinct from domestic wastewater, sewage or unpolluted water.
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 MEPDES
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 any more-stringent state or local regulations:
Section 405 of the Act; the Solid Waste Disposal Act, including Title
II, commonly referred to as "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; the Marine Protection, Research, and Sanctuaries Act;
and 40 CFR Part 503, Standards for Sewage Sludge Use and Disposal.
Numerical limitations on the discharge of pollutants established
by the City, as distinct from state or federal limitations for nondomestic
wastewater discharged to the POTW.
The City Manager of Old Town or his/her authorized deputy,
agent or representative.
Permissive (see also "shall").
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, chemotherapy
wastes, discarded medications, and dialysis wastes.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced subsequent to the publication of proposed pretreatment
standards under Section 307(c) of the Act that will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
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, will be considered.
Construction of a new source as defined under this paragraph
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 that 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 that is intended to be used in its operation
within a reasonable time. Options to purchase or contracts that can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies, do not constitute
a contractual obligation under this paragraph.
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.
Water used for cooling that does not directly contact any
raw material, intermediate product, waste product, or finished product.
Wastewater generated by residential users containing not
more than 200 mg/l BOD and not more than 250 mg/l suspended solids.
A discharge that exits the POTW into waters of the United
States in quantities or concentrations that, 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 their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
A logarithmic measure devised to express the hydrogen ion
concentration of a solution, expressed in standard units. Solutions
with pH values greater than 7 are basic (or alkaline); solutions with
pH values less than 7 are acidic.
A prescription drug or nonprescription or proprietary medicine
that is no longer suitable for its intended purpose or is otherwise
being discarded.
Dredged spoil, solid waste, incinerator residue, filter backwash,
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 characteristics of wastewater (e.g., pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The use of materials, processes, or practices that reduce
or eliminate the creation of pollutants or wastes at the source, or
minimize their release to the environment prior to recycling, treatment
or disposal. It includes practices that reduce the use of hazardous
materials, energy, water or other resources. It also includes practices
that protect natural resources and human health through conservation,
more-efficient use, or effective release minimization.
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.
Any sewer service, preexisting or newly constructed, that
is not owned or maintained by the City and that serves, or is intended
to serve, more than one connection.
Absolute prohibitions against the discharge of certain substances as identified in § 16-2.4 of this Part.
Wastes from the preparation, cooking, and dispensing of food
that have been shredded to such a degree that all particles will be
transported freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
The curbline if the building sewer is to connect with the
public sewer in a public street. "Property line" shall mean the edge
of a sewer right-of-way in those instances where the building sewers
connect to the public sewer in a right-of-way.
A pipe or conduit that carries wastewater, stormwater, groundwater,
subsurface water, or unpolluted water from any source, which is controlled
by a governmental agency or public utility.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292), that 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. It also includes sewers, pipes, and other conveyances only
if these structures convey wastewater to a POTW wastewater treatment
facility. The term also means the municipality that has jurisdiction
over discharges to and from such a treatment plant, and any sewer
that conveys wastewater to the POTW from persons outside the City
who are, by contract or agreement with the City, users of the City's
POTW.
A mobile vehicle or trailer used for temporary living, e.g.,
a camper or wholly self-contained transport and living unit.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial facilities, and institutions,
together with minor quantities of groundwater, stormwater, and surface
waters that are not admitted intentionally.
That concentration of a pollutant that, under baseline conditions,
would cause a threat to personnel exposed to the pollutant or would
adversely impact structures of the POTW. To be administered as local
limits applicable to a particular discharge, the screening levels
must be adjusted to account for conditions at the point of discharge
that differ from baseline conditions.
Premises of private, nonprofit organizations, such as schools,
hospitals, and religious institutions.
Any liquid, solid, or sludge pumped from chemical toilets,
vaults, septic tanks, or cesspools or other holding tanks, that have
received only domestic wastewater.
Any watertight vehicle that is used for the collection and
hauling of septage, as described above, and that complies with the
rules of the DEP and MDOT.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A pipe or conduit that carries wastewater, stormwater, groundwater,
subsurface water, or unpolluted water from any source.
Mandatory (see also "may").
An indirect discharger that meets one or more of the following
criteria:
Is subject to National Categorical Pretreatment Standards under
40 CFR 403.6;
Discharges an average of 10,000 gallons per day or more of process
wastewater;
Discharges a process wastewater which contributes 5% or more
of the hydraulic or organic loading to the wastewater treatment plant;
Discharges medical/infectious waste, pharmaceutical waste, or
radiological waste; or
Is designated as such by the municipality as having a reasonable
potential for adversely affecting the POTW's operation or performance
or for violating any pretreatment standard or requirement.
A user subject to categorical pretreatment standards under 40
CFR 403.8 and 40 CFR Chapter I, Subchapter N; 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 that comprises 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 POTW's operation
or for violating any pretreatment standard or requirement.
Upon determining that a user meeting the criteria in Subsection
(b)(1) or (2) 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 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.
An industrial user is in significant noncompliance if its
violation meets one or more of the following criteria:
Chronic violations. A pattern of violating the same pretreatment
standard daily maximum or average limit (any magnitude of exceedence)
66% or more of the time in a six-month period.
Technical Review Criteria (TRC violations). 33% or more of the
measurements exceed the same pretreatment standard daily maximum limit
or average limit by more than the TRC factor in a six-month period.
The TRC factor is 1.4 for biochemical oxygen demand (BOD), total suspended
solids (TSS), oil and grease and 1.2 for all other pollutants.
Any other discharge violation that the Superintendent believes
has caused, alone or in combination with other discharges, interference
or pass-through, including endangering the health of POTW personnel
or the general public.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Superintendent's
exercise of its emergency authority to halt or prevent such a discharge.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance.
Failure to provide, within 30 days after the due date, any required
reports, including industrial discharge permit applications, periodic
self-monitoring reports, and reports on compliance with compliance
schedules.
Failure to accurately report noncompliance.
Any other violation(s) that the Superintendent determines will
adversely affect the operation or implementation of the local pretreatment
program.
Any discharge of water, wastewater, sewage, or industrial sewage
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 normal operation;
Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in § 16-2.4 of this Part; or
Any discharge that may adversely affect the collection system
and/or performance of the POTW.
Any practice that:
Reduces the amount of any hazardous substance, pollutant, or
contaminant entering any waste stream or otherwise released into the
environment (including fugitive emissions) prior to recycling, treatment,
or disposal; and
Reduces the hazards to public health and the environment associated
with the release of such substances, pollutants, or contaminants.
The term includes equipment or technology modifications; process
or procedure modifications; reformulation or redesign of products;
substitution of raw materials; and improvements in housekeeping, maintenance,
training, or inventory control. The term "source reduction" does not
include any practice that alters the physical, chemical, or biological
characteristics or the volume of a hazardous substance, pollutant,
or contaminant through a process or activity that itself is not integral
to and necessary for the production of a product or the providing
of a service.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
The State of Maine.
Subsurface wastewater disposal rules published in the Code
of Maine Rules by DHHS at 22 M.R.S.A. § 42, aka the "State
of Maine Plumbing Code," as amended.
A drain or sewer for conveying stormwater, groundwater, subsurface
water, or unpolluted water from any source.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The person designated by the City to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this Part, or a duly authorized representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid and that is
removable by laboratory filtering.
Any device or system used in the storage, treatment, equalization,
recycling or reclamation of wastewater and/or wastewater sludges,
as defined herein.
Water of quality equal to or better than the State Water
Quality Standards or water that would not cause a violation of receiving
water quality standards and would not be benefitted by discharge to
the POTW.
A source of pollutants introduced into the POTW from any
nondomestic source regulated under Section 307(b), (c), or (d) of
the Act.
Liquid and water-carried industrial wastes and/or sewage
from residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
