§ 13.12.020. Definitions and abbreviations.

A.

Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in Chapter 13.12 shall be as follows:

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

"Approval Authority" means The State Director in an NPDES state with an approved State Pretreatment Program or the Regional Administrator of the EPA in a non-NPDES state or NPDES state without an Approved State Pretreatment Program.

"Authorized Representative of the Industrial User" means

1.

If the industrial user is a corporation:

a.

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

b.

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 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 Industrial Discharge Permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2.

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

3.

If the industrial user is a federal, state, or local governmental facility: a city or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

4.

The individuals described in subsections 1. through 3. above, may designate another authorized representative if the authorization is made in writing, the authorization specifies the individual or a 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 City.

"Best Management Practice" (BMP) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 13.12.030. BMPs are Pretreatment Standards. BMPs may 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.

"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per liter.

"Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility pursuant to Section 13.12.110 C.

"Categorical Pretreatment Standard" or "Categorical Standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) or the Act (33 U.S.C. Section 1317) that apply to a specific category of industrial users and that appear in 40 CFR chapter I, subchapter N, Parts 405-471.

"Composite sample" means a representative flow-proportioned sample generally collected within a twenty-four-hour period and combined according to flow. Time-proportional sampling may be approved or used by the City where time-proportional samples are believed representative of the discharge.

"Control Authority" means the City of Great Falls.

"Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

"Domestic (sanitary) wastes" means liquid wastes: 1. from the non-commercial preparation, cooking, and handling of food, or 2. containing only human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.

"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.

"Fats, Oil and Grease" or "FOG" means non-petroleum organic polar compounds derived from animal or plant sources such as fats, non-hydrocarbons, fatty acids, soaps, waxes, and oils that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical procedures established in the 40 CFR Part 136.

"Grab sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow and over a period of time not to exceed fifteen (15) minutes.

"Hauled wastes" means any sewage or wastewater contained in a tank or similar apparatus and which is transportable by vehicle, rail car or other mode.

"Indirect discharge" means the discharge or the introduction of pollutants into the POTW from a non- domestic source regulated under Section 307(b), (c) or (d) of the Act (including hauled wastes).

"Industrial" means of, or pertaining to, industry, manufacturing, commerce, trade, or business as distinguished from domestic or residential.

"Industrial Discharge Permit" means the document or documents issued to an industrial user by the City in accordance with the terms of this Chapter that allows, limits and/or prohibits the discharge of pollutants or flow to the POTW as set forth in Section 13.12.050 of this Chapter.

"Industrial user" means a source of Indirect Discharge.

"Industrial wastes" or "non-domestic wastes" means the liquid or solid wastes from industrial manufacturing processes, trade or business activities producing non-domestic or non-residential sewage as distinct from domestic wastewater.

"Instantaneous limit" means the maximum concentration of a pollutant or measurement of a pollutant property allowed to be discharged at any time. For pollutants, compliance is typically determined by use of a grab sample.

"Interference" means 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 violation of any requirement of the POTW's Montana Pollutant Discharge Elimination System (MPDES) permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued hereunder, 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 limit" means specific discharge limits and BMPs developed, applied, and enforced upon industrial users to implement the general and specific discharge prohibitions listed in Section 13.12.030. Local limits are Pretreatment Standards.

"New Source" means:

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 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:

a.

The building, structure, facility or installation is constructed at a site at which no other source is located; or

b.

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c.

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.

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 paragraphs 1.b. or 1.c. 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 if the owner or operator has:

a.

Begun, or caused to begin as part of a continuous onsite construction program:

1)

Any placement, assembly, or installation of facilities or equipment; or

2)

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

b.

Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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.

"Normal domestic strength wastewater" means wastewater, when analyzed in accordance with procedures established by the EPA pursuant to 40 CFR Part 136, as amended, contains no more than two hundred (200) mg/L of BOD and/or two hundred fifty (250) mg/L of TSS. Discharges that exceed the level of BOD and TSS are subject charges for extra strength wastewater charges pursuant to Section 13.18.060 in addition to any Pretreatment Standards and Requirements established in this Chapter.

"Non-contact cooling water" means cooling water that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

"Non-Significant Industrial User" means any industrial user which does not meet the definition of a Significant Industrial User, but is otherwise required by the City through permit, order or notice to comply with specific provisions of this Chapter and is so notified by the City.

"Pass Through" means a discharge which exits the POTW 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 the City's Montana Pollutant Discharge Elimination System (MPDES) Permit (including an increase in the magnitude or duration of a violation).

"Person" means any individual, firm, company, association, society, corporation or group.

"pH" means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter of solution and reported as Standard Units (SU).

"Pollutant" means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive material, heat, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor) discharged into or with 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 or properties of pollutants in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes other means, except as prohibited by 40 CFR Section 403.6(d).

"Pretreatment Requirement" means any substantive or procedural requirement related to Pretreatment, other than a Pretreatment Standard imposed on an industrial user.

"Pretreatment Standard", "National Pretreatment Standard" or "Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to Section 13.12.030 and includes the Specific Prohibitions, local limits and Best Management Practices that are or may be established by the City. In cases of differing Standards or regulations, the more stringent shall apply.

"Publicly Owned Treatment Works" or "POTW" means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned in this instance by the City. 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 Chapter, "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 City's POTW.

"Sector control program" means a program to control specific pollutants from industrial users with similar waste generation or treatment through the implementation of Pretreatment Standards and Requirements, including Best Management Practices. These sector control program requirements may be found at Section 13.12.090 of this Chapter.

"Significant Industrial User" is any industrial user which:

1.

Is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; or

2.

Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); or

3.

Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

4.

Has reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement.

"Significant Noncompliance" applies to a Significant Industrial User (or any Industrial User which violates paragraphs 3, 4, or 8) if its violation meets one (1) or more of the following criteria:

1.

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits.

2.

Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits 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 (daily maximum, long-term average, instantaneous limit, or narrative Standard) that the POTW determines 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 to human health, welfare, or 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 schedule 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 such as baseline monitoring reports, compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

7.

Failure to accurately report noncompliance.

8.

Any other violation or group of violations, which may include a violation of Best Management Practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

"Slug discharge" means 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 this chapter, including a discharge which exceeds the hydraulic or design of an industrial users treatment system or any part of the treatment unit.

"Total Suspended Solids" or "TSS" means the total suspended matter, expressed in milligrams per liter, that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering in accordance with procedures approved in 40 CFR Part 136.

"Toxic pollutants" includes but is not limited to any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of Section 307(a) of the Act (33 U.S.C. §1317(a)) or as otherwise listed at 40 CFR Part 122, Appendix D.

"Upset" means an exceptional incident in which a treatment works is unintentionally and temporarily in a state of noncompliance with Categorical Pretreatment Standards pursuant to Section 13.12.110 B.

Any other term not herein defined shall be defined as presented in the "Glossary — Water and Sewage Control Engineering," A.P.H.A., A.S.C.E. and W.P.C.F., latest edition or 40 CFR Part 403.

B.

Abbreviations.

ASTM	American Society Testing Materials
BMP	Best Management Practices
BOD	Biochemical Oxygen Demand
°C	Degrees Celsius
CFR	Code of Federal Regulations
CWA	Clean Water Act
EPA	Environmental Protection Agency
FOG	Fats, Oils and Grease
mg/L	milligrams per Liter
MPDES	Montana Pollutant Discharge Elimination System
O&M	Operation and Maintenance
POTW	Publicly Owned Treatment Works
SIC	Standard Industrial Classification
SIU	Significant Industrial User
SNC	Significant Noncompliance
USC	United States Code
TSS	Total Suspended Solids
WPCF	Water Pollution Control Federation

 

(Ord. 2645, 1993; Ord. 2601, 1991, § 13.20.011; Ord. 2551 §§ 2, 3, 1989; Ord. 2532 § 3, 1989; Ord. 2531 §§ 1,2, 1989, Ord. 2386 Exh. A (part), 1985; Ord. 2334, Exh. B (part), 1984, § 13.16.010).

(Ord. No. 3050, § 1, 8-3-2010; Ord. No. 3113, § 1, 9-3-2013)