§ 18-91. Definitions.

(a)

For the purposes of this article the following terms shall have the following meanings:

(1)

Act, Clean Water Act: The term Act means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

(2)

Authorized or duly authorized representation of the user:

(a)

If the user is a corporation:

(i)

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 decision-making functions for the corporation; or

(ii)

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b)

If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

(c)

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, or their designee.

(d)

The individuals described in paragraphs (a) through (c), above, may designate a duly 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 Chesterfield County.

(3)

BOD or biochemical oxygen demand: The amount of oxygen that is used in the biochemical oxidation of organic matter, under standard laboratory procedure, in five days at 20 degrees Celsius, expressed in parts per million.

(4)

Best management practices or BMPs: Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 18-93. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits].

(5)

Categorical standards: Standards, regulations or industrial waste discharge limits that have been promulgated by EPA in accordance with section 307(b) and (c) of the Federal Clean Water Act.

(6)

EPA: The United States Environmental Protection Agency.

(7)

Fats, oils, and greases: Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as amended from time to time.

(8)

Garbage: Solid waste and residue that is a by-product of preparing, cooking, handling, storing, selling or dispensing food or food products.

(9)

Grease trap or interceptor: A device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system. Grease traps and interceptors are sometimes referred to herein as "grease interceptors".

(10)

Indirect discharge: The introduction of pollutants into Chesterfield County's sewerage system from any nondomestic source.

(11)

Industrial user: Any consumer who discharges industrial waste into the county's wastewater system.

(12)

Industrial waste: All waterborne solids, liquids or gaseous waste that is produced (i) by industrial, manufacturing, trade, business or food processing operations or processes, (ii) by the development of a natural resource or (iii) by any combination of (i) or (ii) with water or domestic water that is not normal domestic wastewater.

(13)

Interference: A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts Chesterfield County's sewerage system, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of violation of Chesterfield County's VPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under, 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 the Resource Conservation and Recovery Act (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; and the Marine Protection, Research, and Sanctuaries Act.

(14)

Local limits: The limits in concentration or quantity of pollutants that the director establishes for industrial waste discharges in accordance with 40 CFR 403.5.

(15)

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.

(16)

Minimum design capability: The design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the public sanitary sewer.

(17)

Natural outlet: Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

(18)

New source:

(a)

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:

(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 or production equipment that causes the discharge of pollutants at an existing source; or

(iii)

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.

(b)

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 subsection (1)(b) or (c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

(c)

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(i)

Begun, or caused to begin, as part of a continuous onsite 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 are 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 paragraph.

(19)

Oil/water separator: An automatic or manual device designed to separate and retain oil and other light density volatile liquids from normal waste for proper disposal, rendering or recycling and also permits normal sewer and liquid wastes to discharge into the sewer system by gravity.

(20)

Parts per million: A weight-to-weight concentration ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

(21)

Pass-through: A discharge which exits Chesterfield County's sewerage system 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 Chesterfield County's VPDES permit, including an increase in the magnitude or duration of a violation.

(22)

Permit: A permit to discharge industrial waste that is issued by the county.

(23)

pH: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution as determined by one of the procedures contained in 40 CFR 136.

(24)

Point of discharge: The point at which waste is discharged to the wastewater system.

(25)

Pretreatment: 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 Chesterfield County. 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.

(26)

Pretreatment standards or National Pretreatment Standards or standards: Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits as established by Chesterfield County.

(27)

Properly shredded garbage: Garbage that has been shredded so that all of its particles will be carried through the wastewater system under the same flow conditions that usually exist in the wastewater system, and with no particle greater than one-half of an inch in any dimension.

(28)

Sanitary sewer: A sewer which carries wastewater and does not intentionally admit stormwater, surface water, or groundwater.

(29)

Septic tank waste: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

(30)

Sewer: A pipe or conduit that is used to collect and carry wastewater or stormwater runoff from the source that generated the wastewater to a wastewater treatment plant or receiving stream.

(31)

Sewerage: The system of sanitary sewers and appurtenances which collect, transport, pump and treat wastewater.

(32)

Slug: Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate Chesterfield County's regulations, local limits or permit conditions.

(33)

Significant industrial user: Except as provided in paragraph (33)(b)(i) and (33)(b)(ii) of this section, the term significant industrial user means:

(a)

All industrial users subject to categorical pretreatment standards;

(b)

Any other industrial user that: Discharges an average of 25,000 gallons per day or more of process wastewater to Chesterfield County (excluding sanitary, noncontact cooling or boiler blowdown wastewater); contributes a process wastestream that makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or is designated as such by Chesterfield County on the basis that the industrial user has a reasonable potential for adversely affecting Chesterfield County's operation or for violating any pretreatment standard or requirement.

(i)

Chesterfield County may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day 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 Chesterfield County's finding has consistently complied with all applicable categorical pretreatment standard and requirements;

(b)

The industrial user annually submits the certification statement required in accordance with Section 18-114 together with any additional information necessary to support the certification statements; and

(c)

The industrial user never discharges any untreated concentrated wastewater.

(ii)

Upon a finding that an industrial user meeting the criteria in paragraph (33)(b) of this section has no reasonable potential for adversely affecting Chesterfield County's operation or violating any pretreatment standards or requirements, Chesterfield County on its own initiative or in response to a petition received from an industrial user, determine that such industrial user is not a significant industrial user.

(34)

Significant noncompliance: The term significant noncompliance shall mean:

(a)

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

(b)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six- month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(c)

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;

(d)

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;

(e)

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;

(f)

Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(g)

Failure to accurately report noncompliance; or

(h)

Any other violation(s) which the director determines will adversely affect the operation or implementation of the local pretreatment program.

(35)

Storm sewer or storm drain : A sewer which carries stormwater and surface water but not wastewater or industrial waste.

(36)

Stormwater runoff: Rainfall that drains into storm sewers.

(37)

Suspended solids: Solid substances that either float on the surface of, or are suspended in, water, wastewater or other liquids, and which can be removed by laboratory filtering. The amount of suspended solids shall be determined in accordance with 40 CFR 136.

(38)

Wastewater service charge: The charge imposed in this chapter on all wastewater system consumers for waste that does not exceed the strength of normal domestic wastewater.

(39)

Wastewater treatment plant: Any group of devices and structures that are used by the county for treating wastewater.

(Code 1978, § 20-91; Ord. of 7-23-97, § 1; Ord. of 4-29-09(1), § 1)

Cross reference— Definitions and rules of construction generally, § 1-2.

(Code 1978, § 20-91; Ord. of 7-23-97, § 1; Ord. of 4-29-09(1), § 1)

Cross reference

Definitions and rules of construction generally, § 1-2.