SECTION 161-1 DEFINITIONS, ABBREVIATIONS AND WORD USAGE
A. Definitions. As used in this chapter, the following terms shall have the meanings indicated: 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.
ADMINISTRATOR - The Administrator of the United States Environmental Protection Agency.
APPROVAL AUTHORITY - The Director in a National Pollutant Discharge Elimination System state with an approved state pretreatment program and the Administrator of the Environmental Protection Agency in a non-National Pollutant Discharge Elimination System state or National Pollutant Discharge Elimination System state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER:
(1) A principal executive officer of at least the level of Vice President, if the industrial user is a corporation.
(2) A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.
(3) A duly authorized representative of the individual designated above, is such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BIOCHEMICAL OXYGEN DEMAND - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20 C.), expressed in milligrams per liter.
BOARD OF HEALTH - The Board of Health of the City of Marlborough.
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 wall of the building and conveys it to the building sewer, beginning five (5) 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.
CATEGORICAL STANDARD - National Categorical Pretreatment Standards or pretreatment standards.
CITY - The City of Marlborough, Massachusetts.
COMBINED SEWER - A sewer receiving both surface runoff and sewage.
COMMISSIONER - The Commissioner of Public Works of the city or his authorized deputy, agent or representative.
CONTROL AUTHORITY - Refers to the Approval Authority, defined hereinabove; or the Commissioner if the city has an approved pretreatment program under the provisions of 40 CFR 403.11
COOLING WATER - The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DIRECT DISCHARGE - The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Massachusetts.
DOMESTIC WASTES - The liquid wastes generated by residential domestic activities containing fecal matter, urine and drainage from bathing and residential food preparation. "Domestic wastes" are also known as "sanitary sewage."
ENVIRONMENTAL PROTECTION AGENCY - The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
GARBAGE - 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 on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANKS - Vessels, such as chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
HOLDING TANK WASTES - Any wastes from holding tanks.
INDIRECT DISCHARGE - The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317) into the publicly owned treatment works (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. S.1342)
INDUSTRIAL WASTE DISCHARGE PERMIT - As set forth in S.161-7 of this chapter.
INDUSTRIAL WASTES - The liquid wastes from industrial manufacturing processes, trade or business as distinct from domestic wastes.
INTERFERENCE - A discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and which is a cause of a violation of any requirement of the POTW's NPDES permit a (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal by the POTW in accordance 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 or the SWDA), the Clean Air Act, the Toxic Substance Control Act and the Marine Protection Research and Sanctuaries Act.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD - Any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. S.1347) which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT - A permit issued pursuant to Section 402 of the Act (33 U.S.C. S.1342).
NATIONAL PROHIBITED DISCHARGE STANDARD or PROHIBITED DISCHARGE STANDARD - Any regulation developed under the authority of Section 307 (b) of the Act and 40 CFR 403.5.
NATURAL OUTLET - Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
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 the 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: (i) the building, structure, facility or installation is constructed at a site at which no other source is located; or (ii) the building, structure, facility or installation totally replaces the process of production equipment that causes the process of production equipment that causes the discharge of pollutants at an existing source; or (iii) the production of
wastewater generating process of the building, structure, facility or installation, are substantially independent of an existing source of 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.
(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 this section, but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced that the owner or operator has: (i) begun or cause 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 (ii) entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in this 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 paragraph.
PASS THROUGH - The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which alone or in conjunction with 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).
PERSON - Any individual, partnership, co-partnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representative, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
pH - The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
POLLUTANT - Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
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 pollutants, the elimination of pollutants or 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 into a publicly owned treatment works. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes of 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.
PROPERLY SHREDDED GARBAGE - The wastes from the preparation, cooking and 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 public sewers, with no particle greater than one-half (½) inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS - A treatment works as defined by Section 212 of the Act (33 U.S.C. S.1292), which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the sewage treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "Publicly owned treatment works" shall also include any sewers that convey wastewaters to the "publicly owned treatment works" from persons outside the city who are, by contract or agreement with the city, users of the city's "publicly owned treatment works."
PUBLIC SEWER - A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
SANITARY SEWER - A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWAGE (WASTEWATER OR WASTE) - A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present, which is contributed to or permitted to enter the publicly owned treatment works.
SEWAGE TREATMENT PLANT or WATER POLLUTION CONTROL PLANT - that portion of the publicly owned treatment works providing treatment to wastewater or sewage.
SEWAGE WORKS - All facilities for collecting, pumping, treating and disposing of sewage.
SEWER - A pipe or conduit for carrying sewage.
SIGNIFICANT USER - Any user of the city's wastewater disposal system who has a discharge flow of five thousand (5,000) gallons or more per average workday; has a flow greater than five percent (5%) of the flow in the city's wastewater treatment system; has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act, or the General Laws of the Commonwealth; or is found by the city, Department of Environmental Quality Engineering or the United States Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing users, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
SLUG - Any discharge of a non-routine, episodic nature, including, but not limited to, any accidental spill or non-customary batch discharge which may cause interference to the POTW.
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.
STATE - The Commonwealth of Massachusetts.
STORM DRAIN (STORM SEWER) - A sewer which carries storm and surface waters and drainage, but sewage and industrial wastes, other than unpolluted process and cooling water, are intended to be excluded.
STORMWATER - Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS - solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TOXIC POLLUTANTS - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act 307(a) or other acts.
USER - Any person who contributes, causes or permits the contribution of wastewater into the city's publicly owned treatment works.
WASTEWATER - Sewage.
WATERCOURSE - A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE COMMONWEALTH - All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the Commonwealth or any portion thereof.
B. Abbreviations. The following abbreviations shall have the designated meaning:
C. Word usage. "Shall" is mandatory, "may" is permissive.
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