§ 9-6-1. Definitions.

Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:

Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), as amended by Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500), Pub. L. 93-243, and by other legislative actions.

Applicant or owner. Any person requesting approval to discharge industrial or domestic wastewaters into facilities of the City.

BOD. (Denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of the wastewater under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, 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 ten (10) 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; also called house connection.

Bypass. The intentional diversion of wastestreams from any portion of a wastewater treatment facility.

C.F.R. Federal administrative compilation known as the Code of Federal Regulations.

City. The City of Concord, New Hampshire.

City Engineer. Where used in this Article, the words City Engineer shall mean City Engineer of the City of Concord or the City Engineer's authorized deputy, agent, or representative.

City Manager. The duly appointed head of the municipal government or the City Manager's authorized deputy, agent, or representative.

Combined sewer. A sewer receiving both wastewater and storm surface water.

Director of General Services or Director. Where used in this Article, the words Director of General Services or Director shall mean General Services Director of the City of Concord or the Director's authorized deputy, agent, or representative.

Domestic septage. Either liquid or solid material removed from a septic tank, cesspool, or similar containment area that receives only domestic sewage.

Domestic sewer and sanitary sewer. A sewer which carries domestic wastewater and to which storm, surface, and groundwater are not intentionally admitted.

Domestic wastewater. Normal water-carried household and toilet waste and waste from sanitary conveniences, excluding ground, surface, or storm water.

Easement. An acquired legal right for the specific use of land owned by others.

EPA. The Environmental Protection Agency of the United States Government.

Excessive. Amounts or concentrations of a constituent of a wastewater which, in the judgment of the City, will cause damage to any sewerage facility, which will be harmful to a wastewater treatment process, which cannot be removed in the wastewater treatment works of the City to the degree required to meet the limiting stream classification standards of the receiving water, which can otherwise endanger life, limb, or public property, or which can constitute a nuisance.

Facilities. Shall include structures and conduits for the purpose of collecting, treating, neutralizing, stabilizing or disposing of domestic wastewater and/or industrial or 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.

Floatable oil. 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 fat if it is properly pretreated and the wastewater does not interfere with the collection system.

Fume toxicity screening level. That concentration of a pollutant in water which, under equilibrium conditions, a confined environment, and a standard temperature, would cause the concentration of the pollutant in the air over that water to exceed applicable pollutant exposure limit(s).

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.

Headworks. That portion of a wastewater treatment facility that first receives the total influent flow for initial (primary) treatment.

Headworks limit. The maximum allowable quantity of pollutants at the headworks of a wastewater treatment facility when the following constraints are considered:

(1)

Water quality standards for the receiving water;

(2)

NPDES discharge permit limits;

(3)

Inhibition of biological treatment processes;

(4)

Sludge (biosolids) criteria;

(5)

Corrosive destruction of the POTW;

(6)

Air quality limitations; and

(7)

Worker safety.

Incompatible pollutant. Any pollutant, other than biochemical oxygen demand, suspended solids, pH, coliform bacteria, or additional pollutants identified by EPA, which the treatment works was not designed to treat and does not remove to a substantial degree.

Indirect discharge. The introduction of pollutants into a POTW from any nondomestic source.

Indirect discharger or industrial user. A facility that discharges industrial waste alone or in combination with domestic sewage to a wastewater treatment plant.

Industrial user. A source of indirect discharge which is defined as the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Clean Water Act, as 33 U.S.C. § 1251, et seq.

Industrial waste. Any liquid, gaseous, or solid waste substance resulting from any process of industry, manufacturing trade, or business.

Industrial wastewater. The wastewater in which the liquid wastes from industrial manufacturing processes, laboratory, trade, or business, as distinct from domestic wastewater or sanitary wastewaters.

Industry or industrial user. An establishment with facilities for mechanical, testing, trade, or manufacturing purposes.

Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and (2) 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), the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act.

Invert. The bottom inside of the sewer pipe.

Local limit. A pollutant quantity specified in the City's sewer use ordinance which numerically limits the amount of each specified pollutant that can be discharged to the wastewater treatment facility by an indirect discharger.

May. Is permissive.

Medical/infectious waste. Medical/infectious waste as defined in the New Hampshire RSA 125-N:2, VIII.

National Categorical Pretreatment Standard or categorical pretreatment standard. Any regulations containing pollutant discharge limits promulgated by the USEPA in accordance with Sections 307(b) and (c) of the Clean Water Act which are found in the Code of Federal Regulations, 40 C.F.R., Chapter I, Subchapter N, parts 401 through 471.

National Pretreatment Standard. Any regulations containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Clean Water Act which apply to industrial users. The term includes prohibitive discharge limits established pursuant to 40 C.F.R. 403.5.

Natural outlet. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or ground water.

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 Clean Water Act which will be applicable to such source if such national pretreatment standards are thereafter promulgated in accordance with that section, provided that certain location and construction criteria are met as stated in 40 C.F.R. 403.3 k(1), (2), (3).

NHDES. New Hampshire Department of Environmental Services.

Noncontact cooling water. Shall be the water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product.

Pass through. The discharge of pollutants through the POTW into surface 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 National Pollutant Discharge Elimination System (NPDES) permit (including any increase in the magnitude or duration of a violation) or of applicable water quality criteria.

Person. Any individual, firm, company, association, society, corporation, group, partnership, municipality, governmental subdivision, or other entity who discharges wastewater to the facilities of the City.

pH. The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10 ^-7 .

Pharmaceutical waste. Shall mean a prescription drug, as defined by RSA 318:1, XVII, or a nonprescription or proprietary medicine, as defined by RSA 318:1, XVIII, that is no longer suitable for its intended purpose or is otherwise being discharged.

POTW or publicly owned treatment works. A wastewater treatment works which is owned by a state or a municipality. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial waste of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW wastewater treatment works. The term also means the municipality which has jurisdiction over discharges to and the discharges from such a treatment works.

Pretreatment. The application of physical, chemical, or biological processes, either singly or in combination, to reduce the amount of pollutants in or alter the nature of the pollutant property in a waste prior to discharge into a wastewater treatment facility.

Pretreatment requirement. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

Private sewer. A sewer or a sewer system privately owned, maintained, and used by one or more properties.

Private wastewater disposal system. Any privately owned and operated and maintained system, device, or facility for the collection, treatment and disposal of wastewaters. For example: Condominiums developments, septic systems, and laterals from the main to the building.

Properly shredded garbage. The wastes from the preparation, cooking, and dispensing of food 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 one-half inch (1.27 centimeters) in any dimension.

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

Receiving waters. Any watercourse, river, pond, ditch, lake, aquifer, or other body of surface or ground water receiving discharge of wastewaters.

Screening level. That concentration of a pollutant which, under baseline conditions, would cause a threat to personnel exposed to the pollutant, or would cause a threat to structures of wastewater facilities. To be administered as limits applicable to a particular discharge, the screening levels must be adjusted to account for conditions at the point of discharge which differ from baseline conditions.

Sewage. The spent water of a community. The preferred term is "wastewater."

Sewer. A pipe or conduit that carries wastewater or drainage water.

Shall. Is mandatory.

Significant industrial user.

(1)

Except as provided in paragraphs (2) and (3) of this section, the term "significant industrial user" means:

a.

All industrial users subject to categorical pretreatment standards under 40 C.F.R. 403.6 and 40 C.F.R. Chapter I, Subchapter N; and

b.

Any other industrial user that discharges an average of ten thousand (10,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 C.F.R. 403.8(f)(6)).

(2)

The control authority may determine that an industrial user subject to categorical treatment standards under [40 C.F.R.] 403.6 and 40 C.F.R. Chapter I, Subchapter N is a nonsignificant industrial user rather than a significant industrial user on a finding that the industrial user never discharges more that one hundred (100) gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

a.

The industrial user, prior to the control authority's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

b.

The industrial user annually submits the certification statement required in [40 C.F.R.] 403.12(q) together with any additional information necessary to support the certification statement; and

c.

The industrial user never discharges any untreated concentrated wastewater.

(3)

Upon a finding that an industrial user meeting the criteria in paragraph (1)b. of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standards or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 C.F.R. 403.8(f)(6), determine that such industrial user is not a significant industrial user.

Significant noncompliance (SNC). Any violation of pretreatment requirements (limits, sampling, analysis, reporting and meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement, including penalties. Instances of SNC are industrial user violations which meet one or more of the following criteria:

Violation of wastewater discharge limits.

(1)

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 C.F.R. 403.3(1);

(2)

Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 C.F.R. 403.3(I) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(3)

Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. 403.3(I) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determined has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);

(4)

Any discharge of a pollutant that has caused imminent endangerment of human health, welfare, or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;

(5)

Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide, within thirty (30) days after the due date, required reports;

(7)

Failure to accurately report noncompliance; and

(8)

Any other violation or group of violations which adversely affect the operation or implementation of the local pretreatment program.

Storm drain or storm sewer. A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

Suspended solids or SS. 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 40 C.F.R. 136.

Unpolluted water. Water of quality equal or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and water treatment facilities provided.

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

Wastewater. The spent water of a community and 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, and storm water that may be present.

Wastewater facilities. The structures, equipment, and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

Wastewater treatment plant. Any arrangement of devices and structures used for treating wastewater.

Wastewater treatment works. An arrangement of devices and structures for treating wastewater, industrial waste, and sludge. Sometimes used synonymously with "waste treatment plant," "water pollution control plant," or "wastewater treatment facility."

Wastewater works. All structures, equipment, and processes for collecting, pumping, treating, and disposing of wastewater.

Watercourse. A natural or artificial channel for the passage of water either continuously or intermittently.

(Ord. No. 2292, § II, 2-8-99; Ord. No. 2749, §§ I—IV, 4-13-09; Ord. No. 2758, §§ I—IV, 7-13-09)