§ 25-63. Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:

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

Administrator: The Administrator of the U.S. Environmental Protection Agency or his agents or delegates.

Approval authority: The Executive Director of the Virginia State Water Control Board.

Authorized or duly authorized representative of industrial user:

(a)

If the user is a corporation:

(1)

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

(2)

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 {optional}] 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) 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 the Superintendent.

Best management practices (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). 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.

Biochemical oxygen demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty degrees (20°) centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).

Building sewer: A sewer conveying wastewater from the premises of a user to the POTW.

Categorical pretreatment standard or categorical standard: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. 1317) that apply to a specific category of users and that appear in 40 CFR 405-471.

Categorical industrial user: An industrial user subject to a categorical pretreatment standard or categorical standard.

Chemical oxygen demand (COD): A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

City: The City of Manassas Park, a Virginia municipal corporation.

Compatible pollutant: Biochemical oxygen demand, suspended solids, phosphorus, pH, and fecal coliform bacteria, plus additional pollutants identified in the national pollutant discharge elimination system (NPDES) permit if the serving treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree.

Composite sample: A sample that is collected over time and is formed either by continuous sampling or by mixing discrete samples. The sample can be collected as either a time composite sample or a flow proportional composite sample, as follows:

(a)

Time composite sample: composed of discrete sample aliquots in one container taken at constant time intervals, providing representative samples irrespective of stream flow; or

(b)

Flow proportional composite sample: collected as a constant sample volume at time intervals proportional to the stream flow, or collected by increasing the volume of each aliquot as the flow increases, while maintaining a constant time interval between the aliquots.

Control authority: The approval authority or the superintendent if the servicing POTW 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.

Daily maximum: The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Direct discharge: The discharge of treated or untreated wastewater directly into the waters of the Commonwealth of Virginia.

Environmental Protection Agency (EPA): The U.S. Environmental Protection Agency, or where appropriate the term may also be used as designation for the administrator or other duly authorized official of said agency.

Existing source: Any source of discharge that is not a new source. 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 over a period of time not to exceed fifteen (15) minutes.

Holding tank waste: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

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 POTW, including holding tank waste discharged into the system.

Industrial user: Any nondomestic source discharging pollutants to a POTW.

Instantaneous limit: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference: The inhibition or disruption of the POTW treatment processes or operations that contributes to a violation of any requirement of the POTW's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA, applicable to the method of disposal or use employed by the POTW.

Local limit: The specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in section 25-71.

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.

Monthly average: The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

Monthly average limit: The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

National categorical pretreatment standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users.

National pollutant discharge elimination system (NPDES) permit: A permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).

National pretreatment standard: Any regulation developed under the authority of section 307(b) of the Act and 40 CFR 403.5. This term includes prohibitive discharge limits and local limits established pursuant to 40 CFR 403.5.

New source:

(a)

Any source of a discharge, the construction or operation of which is commenced after the publication of proposed categorical pretreatment standards under section 307(c) of the Act that will be applicable to such source if the standard is thereafter promulgated in accordance with section 307(c), provided that:

(1)

No other source is located on that site;

(2)

The source completely replaces the process or production equipment of an existing source at that site; or

(3)

The new wastewater generating process is substantially independent of an existing source at that site, and the construction of the source creates a new facility rather than modifying an existing source at that site.

(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 paragraph (a)(2) or (a)(3) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

(c)

For purposes of this definition, construction or operation has commenced if the owner or operator has:

(1)

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

(2)

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 definition.

Pass-through: A discharge which exits the treatment plant effluent into waters of the United States in quantities or concentrations which, alone or in conjunction with indirect discharges from other sources, is a cause of a violation of any requirement of the VPDES permit issued to the city or the authority of which the city is a member, including an increase in the magnitude or duration of a violation.

Person: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other entity, and/or its legal representative(s), agent(s) or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

pH: The negative logarithm (base 10) of the hydrogen ion concentration expressed in moles per litre of solution.

Pollutant: Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor discharged into water. Pollution: The manmade or man-induced alteration of the chemical, physical, biological, and/or 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 the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR 403.6(d).

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

Pretreatment standards or standard: Prohibited discharge standards, categorical pretreatment standards, and local limits.

Prohibited discharge standards or prohibited discharges: The absolute prohibitions against the discharge of certain substances; these prohibitions appear in the definition of Pretreatment Standard.

Publicly owned treatment works (POTW): A treatment works as defined by section 212 of the Act (33 U.S.C. 1292), whether owned by the city or an authority of which the city is a member. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the POTW. POTW shall also refer to the governing body of a POTW, and the authorized agents, officers, and representatives thereof.

POTW treatment plant: That portion of the POTW designed to provide treatment to wastewater.

Significant industrial user: Except as provided in paragraphs (c) and (d) of this definition, a significant industrial user is:

(a)

An industrial user subject to categorical pretreatment standards; or

(b)

An industrial user that:

(1)

Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

(2)

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

(3)

Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement.

(c)

The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

(1)

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

(2)

The industrial user annually submits the certification statement required in section 25-92, together with any additional information necessary to support the certification statement; and

(3)

The industrial user never discharges any untreated concentrated wastewater.

(d)

Upon a finding that a user meeting the criteria in paragraph (b) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or pretreatment requirement, the 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 403.8(f)(6), determine that such user should not be considered a significant industrial user.

Significant noncompliance: Violation of one or more of the specific criteria listed in 40 CFR 403.8(f)(2). Any user determined to be in significant noncompliance will be included in the annually published list of user in significant noncompliance.

Slug load or slug discharge: Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 25-71. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary 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: Commonwealth of Virginia.

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.

Stormwater: Any flow occurring during or following any form of natural precipitation and resulting therefrom.

Superintendent: The person designated by the city or an authority of which the city is a member to supervise the operation of the publicly owned treatment works which provides wastewater treatment service to a user, and who is charged with certain duties and responsibilities by this article, or his duly authorized representative. For purposes of this article, a person who is charged with the operation or upkeep of sewers that convey wastewater to the POTW but does not supervise the operation of the POTW itself is not a superintendent.

Total suspended solids (TSS): 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.

Toxic pollutant: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.

User: Any person who contributes, causes or permits the contribution of wastewater into a POTW.

Wastewater: The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

Waters of the state: All streams, lakes, ponds, marshes, water-courses, 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 state or any portion thereof.

Wastewater discharge permit: As set forth in section 25-87.

(Ord. No. 12-1700-936, § 1, 10-2-12)

(Ord. No. 12-1700-936, § 1, 10-2-12)