City of Hagerstown, MD General Provisions

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.

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:

The authorization is made in writing by the individual described in Subsection A(1) or (2);

BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")

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.

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.

CITY ENGINEER or ENGINEER

The duly designated City Engineer of 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:

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 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

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:

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

(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.

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:

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

PRETREATMENT STANDARDS or NATIONAL CATEGORICAL PRETREATMENT STANDARDS

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.

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.

Any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency (EPA) in accordance with Section 307(b) and (c) of the Act which applies to a specific category of industrial users.

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

Any industrial user who:

Is subject to National Categorical Standards;

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.