10.04.040 Definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated:
“Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section1251 et seq.
“Approval Authority” means the State of Utah, Department of Environmental Quality, Division of Water Quality (DWQ) or its successor agency.
“Authorized or duly authorized representative of the user” means:
(a) If the user is a corporation:
(i) The 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
(ii) The manager of one (1) 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 to 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 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 government facility: a director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or the director’s or official’s designee.
(d) The individuals described in Subsections (a) through (c) of this definition 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 Provo City’s Industrial Pretreatment Coordinator.
“Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Sections 10.04.050(1) and (2). BMPs may also include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs also include alternative means (i.e., management plans) of complying with, or in place of, certain established categorical pretreatment standards and effluent limits.
“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty (20) degrees centigrade expressed in terms of weight and concentration (e.g., mg/l).
“Building sewer” means a sewer conveying wastewater from the premises of a user to the POTW.
“Categorical industrial user” means an industrial user subject to a categorical pretreatment standard or categorical standard.
“Categorical pretreatment standards” or “categorical standard” or “National Categorical Pretreatment Standards” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) that applies to a specific category of users and that appears in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
“City” means Provo City, or the Municipal Council for legislative purposes, or the Mayor or the Mayor’s designated representative for administrative purposes.
“Control authority” means a POTW with an approved pretreatment program or the Approval Authority in the absence of a POTW pretreatment program.
“Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
“Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
“Director” means the Director of the Provo City Water Resource Division of the Public Works Department or authorized designee.
“Environmental Protection Agency” or “EPA” means the U.S. 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.
“Existing source” means any source of discharge that is not a new source.
“Grab sample” means a sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
“Hazardous waste” means as defined in 40 CFR Part 261.3 and this reference is incorporated herein and made a part hereof.
“Indirect discharge” or “discharge” means the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
“Instantaneous limit” means the maximum or minimum concentration (or load) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete, grab, or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
“Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, both:
(a) Inhibits or disrupts the POTW treatment processes or operations or its sludge processes, use or disposal; and
(b) Therefore, is a cause of a violation of Provo City’s UPDES 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 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.
“Local limits” means specific discharge limits developed to protect the POTW in accordance with 40 CFR Part 403.5 and enforced by Provo City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in Sections 10.04.050(1) and (2), Provo City Code. The development documents are kept on file at the Provo City Industrial Pretreatment Coordinator’s office and can be reviewed if requested.
“Medical waste” means 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.
“Monthly average” means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
“National Prohibitive Discharge Standard” or “prohibitive discharge standard” means absolute prohibitions against the discharges of certain substances; these prohibitions appear in Section 10.04.050, Provo City Code.
“New source” means:
(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 of Subsection (a)(ii) or (iii) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a new source as defined under this Section has commenced if the owner or operator has:
(i) Begun, or caused 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 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 Section.
“Noncontact cooling water” means water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
“North American Industry Classification System (NAICS)” means the 2002 industry classification system, used by the United States Census Bureau and other Federal agencies to classify various sectors of the economy, issued by the Executive Office of the President, Office of Management and Budget.
“Pass-through” means a discharge which exits the POTW into waters of the State of Utah in the 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 Provo City’s UPDES permit, including an increase in the magnitude or duration of a violation.
“Person” means 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 government entities.
“pH” means a measure of the acidity or basicity of a solution, expressed in standard units.
“Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, 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 certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
“Pollution” means the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
“POTW treatment plant” means that portion of the POTW designed to provide treatment to wastewater.
“Pretreatment” or “treatment” means 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 a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by other means, except by diluting the concentration of the pollutants, unless allowed by an applicable pretreatment standard.
“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
“Pretreatment standards” or “standards” shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act which applies to industrial users, which includes but is not limited to prohibited discharge standards, categorical pretreatment standards, and local limits.
“Publicly owned treatment works (POTW)” means a treatment works as defined by Section 212 of the Act (33 U.S.C. Section 1292) which is owned by Provo City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of liquid nature and any conveyances which convey wastewater to a treatment plant. It also includes sewers, pipes, and other conveyances if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
“Septic tank/cesspool” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. A tank or pond in which organic matter in wastewater is decomposed by anaerobic bacteria and water is allowed to separate causing solids to concentrate into a sludge.
Significant industrial user. Except as provided in Subsection (c) of this definition, a “significant industrial user” is:
(a) Any industrial user subject to categorical pretreatment standards; or
(b) An industrial user that:
(i) Discharges an average of twenty-five thousand (25,000) gpd of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
(ii) Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(iii) Is designated as such by Provo City on the basis that it has reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standards or requirement.
(c) Upon a finding that a user meeting the criteria in Subsection (b) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, Provo City may, at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR Part 403.8(f)(6), determine that such user should not be considered a significant industrial user.
“Slug load” or “slug discharge” means any discharge at a flow rate or concentration which could cause a violation of the general discharge prohibitions standards in Section 10.04.050, Provo City Code. 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 the POTW’s regulations, local limits, or permit conditions.
“State” means the State of Utah.
“Storm water” means any flow occurring during or following any form of natural precipitation and resulting therefrom.
“Total suspended solids” or “suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
“User” or “industrial user” means a source of indirect discharge.
“Utah Pollution Discharge Elimination System permit” or “UPDES permit” means a permit issued by the Utah Approval Authority which is designed to control all discharges of pollutants that enter the waters of the State from all point sources of pollution, pursuant to Section 402 of the Act (33 U.S.C. Section1342).
“Waste holding tank” means a container designed to temporarily hold sanitary or processed wastewater until it can be hauled to a POTW, and has received slight biological decomposition. Containers consist of portable chemical toilets, recreational vehicles/trailer tanks, and other tanks that totally contain all waste without allowing any release to the environment.
“Wastewater” means the liquid and water-carried industrial waste or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed to the POTW.
“Waters of the State” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this State or any portion thereof, except that bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and wildlife, shall not be considered to be waters of the State under this definition.