11.104 Definitions of Terms Commonly Used

11.104 Definitions of Terms Commonly Used.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter set forth in this section, whether appearing in capital or lower-case form:

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

“Applicable pretreatment standards” means the most stringent regulation for any specified pollutant regulated by degree or amount by this chapter, local limits, State of Oregon pretreatment standards, or national categorical pretreatment standards.

“Approval authority” means the Oregon Department of Environmental Quality (DEQ).

(a) If the industrial user is a corporation, “authorized representative” shall mean:

(i) The president, secretary, 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) If the industrial user is a partnership, association, or sole proprietorship, an authorized representative shall mean a general partner or the proprietor.

(c) If the industrial user is representing Federal, State or local governments, or an agent thereof, an authorized representative shall mean 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 subsections (a) through (c) of this definition may designate another 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 WRD Manager.

“Best management practices (BMP)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Sections 11.201(1) and (2) (40 CFR Part 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)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at a temperature of 20 degrees centigrade, expressed as a concentration (milligrams per liter mg/L).

“Categorical pretreatment standard or categorical standard” means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which applies to a specific category of industrial users and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471, incorporated herein by reference.

“Categorical industrial user” means an industrial user subject to a categorical pretreatment standard or categorical standard.

“City” means the City of Medford.

“Commercial building” means all buildings or premises used for any purpose other than a dwelling unit.

“Compatible pollutant” shall mean biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants that the treatment plant is designed to treat.

“Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on either an increment of flow or time.

“Control authority” means the City of Medford, Regional Water Reclamation Facility.

“Control mechanism” means a document issued to an industrial user outlining certain discharge requirements and limitations, including but not limited to: industrial waste discharge permits, discharge authorization letters and nondischarging categorical industrial user permits.

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

“Daily maximum” means the maximum of any 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.

“Department of Environmental Quality or DEQ” means the Oregon Department of Environmental Quality or, where appropriate, the term may also be used as a designation for the Director of the Department or other duly authorized official of the Department.

“Direct discharge” means the discharge of treated or untreated wastewater directly to the waters of the State of Oregon.

“Environmental Protection Agency” or “U.S. EPA” means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Director of the Region 10 Water Division or other duly authorized official of said agency.

“Existing source” means any source of discharge that is not a new source.

“Extra strength industrial waste discharge” means industrial, commercial, or hospital industrial wastes discharged into the sewer system containing a total of more than 60 pounds of biochemical oxygen demand, or suspended solids in any one day and having an average strength in excess of 300 ppm of biochemical oxygen demand, or suspended solids.

“Garbage” means solid wastes originating from the preparation, cooking and dispensing of foods, and from the handling, storage, and sale of produce.

“Grab sample” means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

“Holding tank waste” means any waste which has been stored in holding tanks, chemical toilets, campers, trailers, septic tanks, or vacuum-pump tank trucks.

“Indirect discharge or discharge” means the introduction of pollutants into the POTW from any industrial user as defined in these regulations and industrial users regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C. Section 1317), including mobile sources and holding tank waste from a nondomestic user.

“Industrial pretreatment program” means the program approved by the Department of Environmental Quality, regulated through the National Pollutant Discharge Elimination System waste discharge permits, and administered by the Regional Water Reclamation Facility for the purpose of complying with Federal, State, and local regulations governing industrial waste discharge to the POTW.

“Industrial user or user” means a source of indirect discharge or any other industrial or commercial facility, person or business that has a sewer connection to the POTW, whether or not the user discharges nondomestic wastewater.

“Industrial waste discharge permit” means a control mechanism allowing the discharge of industrial wastes into the POTW issued under the authority of this chapter and which prescribes certain discharge requirements and limitations.

“Instantaneous limit” means 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.

“Interceptor sewer” means a sanitary sewer which receives the flow from a number of trunk, main, or lateral sewers and transports it to a treatment plant or other point of disposal. Generally, an interceptor sewer collects the flow from a number of trunks, mains, or laterals that would otherwise discharge to a natural outlet.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(a) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

(b) Therefore is a cause of a violation of any requirements of the City’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 any of the following statutory provisions and regulations or permits issued hereunder (or more stringent Federal, State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA)), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries Act.

“Leachate” means a solution or product obtained when a liquid percolates through a material and results in dissolving and transporting of soluble materials.

“Local limit” means a technically based pollutant limit specific to the ability of the treatment plant to treat the pollutant so it does not upset or inhibit the treatment process, pass through to the Rogue River, or limit or inhibit the beneficial use of sludge and treated effluent.

“Main” means a sanitary sewer which will receive the flow from one or more laterals and which will discharge into a trunk or interceptor sewer.

“May” is permissive.

“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.

“Monthly average limit” means 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 Pollutant Discharge Elimination System (NPDES) permit” means a permit issued by the Oregon Department of Environmental Quality which prescribes operating and effluent limitations relating to the treatment of sewage.

“National pretreatment standard” means 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. This term includes prohibited discharge limits established pursuant to 40 CFR Part 403.5.

(a) The term “new source” means 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 completely 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 (a)(iii) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

(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 definition.

“Parties” means those entities who own local sewerage facilities served by the RWRF. Parties must also be signatories to the regional agreement, and serve on the Regional Committee and the Technical Advisory Group (TAG).

“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 NPDES permit (including an increase in the magnitude or duration of a violation).

“Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. This definition includes all Federal, State, or local governmental entities.

“pH” means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in standard units. A measure of the acidity or alkalinity of a solution.

“Pollutant” means 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, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, toxicity, or odor).

“Pollution” means the manmade or man-induced alteration of chemical, physical, biological, and radiological integrity of water.

“Pretreatment” means 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 may be obtained by physical, chemical, or biological process, or process changes by other means, except intentional dilution as a partial or complete substitute for adequate treatment.

“Pretreatment requirement” means any substantive or procedural requirement, related to pretreatment, other than categorical standards and prohibited discharge standards, imposed on an industrial user.

Pretreatment Standards or Standards. “Pretreatment standards” shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain types or characteristics of wastewater as established by EPA, DEQ and/or the WRD Manager.

“Prohibited pollutant” means any pollutant contained in the discharge to the POTW which is prohibited in its entirety or regulated by degree or amount by this chapter.

“Publicly owned treatment works” or “POTW” means a treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292). This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

Regional Committee. The “Regional Committee” is made up of two representatives from each party that collects and discharges wastewater to the Regional Water Reclamation Facility. The primary function of this committee is to review and approve the schedule of charges for wastewater treatment, and to resolve appeals as provided in this chapter, conduct informational and fact-gathering hearings, both to and from users, staff and the Technical Advisory Group, and such other duties as may be assigned under the terms of this chapter, the regional sewer agreement, and any subsequent amendments to that agreement.

“Regional sewer agreement” means the interjurisdictional agreement that provides for the operation, maintenance and improvement of the Regional Water Reclamation Facility and the interceptor system. The agreement defines the jurisdictional responsibilities requiring the RWRF to implement and enforce the industrial pretreatment program.

“Regional Water Reclamation Facility (RWRF)” means that portion of the POTW designed to provide treatment of sewage and industrial waste. The wastewater treatment plant and duly authorized representatives.

“Rogue Valley Sewer Services (RVSS)” means a party as defined in the regional sewer agreement.

“RVSS Manager” means the legal representative for Rogue Valley Sewer Services.

RVSS Manager/WRD Manager. This notation indicates joint action by the RVSS Manager and the WRD Manager. Both will be cosignatories to the action. The RVSS Manager is considered the legal representative for RVSS. The WRD Manager is the responsible authority in administering the industrial pretreatment program.

“Sanitary sewer” means a pipe or conduit designed or used to transport sewage and to which storm water, surface and ground waters are not admitted intentionally.

“Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

“Sewer lateral” means a sanitary sewer that will receive the flow from a service connection and discharge into a main, trunk, or interceptor sewer.

“Sewer system” means all components of the POTW used to collect and treat sewage and industrial wastewater within the boundaries of the contributors to the Regional Water Reclamation Facility.

“Shall” is mandatory.

(a) Except as provided in subsection (b) of this definition, the term “significant industrial user” shall mean:

(i) Industrial users subject to categorical pretreatment standards; and

(ii) Any other industrial users that:

(A) Discharge an average of 25,000 GPD or more of process wastewater;

(B) Contribute a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or

(C) Are designated as such by the WRD Manager 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.

(b) Upon a finding that an industrial user meeting the criteria in subsection (a)(ii) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the WRD Manager may, in accordance with 40 CFR Part 403.8(f)(6), determine that such industrial user is not 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 prohibited discharge standards in Section 11.201. 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.

“Standard methods” means the examination and analytical procedures set forth in Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

“Storm drain” means a conduit designed or used exclusively to transport storm water.

“Storm water” means any flow occurring during or following any form of natural precipitation and resulting thereof, including snowmelt.

“Suspended solids” or “total suspended solids (TSS)” means solids that either float on the surface or are in suspension in water, wastewater, or other liquids; and which are removable by laboratory filtering in accordance with procedures set forth in standard methods.

Technical Advisory Group (TAG). The Technical Advisory Group is comprised of the managers and administrators, or other representatives of the parties. The primary function of this committee is to make recommendations to the Regional Committee on the following matters: technical information, rates, system development charges, and other matters requested by the Regional Committee.

“Toxic pollutants” means one of the pollutants or combination of those pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provision of Section 307 (33 U.S.C. Section 1317) of the Act.

“Treatment plant” means that portion of the POTW designed to provide treatment of sewage and industrial waste. The Regional Water Reclamation Facility.

“Treatment plant effluent” means any discharge of pollutants from the wastewater treatment plant into waters of the State. Includes reclaimed, reused, or recycled wastewater that has been treated.

“Upset” means an exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the discharge requirements set forth in this chapter or existing permit due to factors beyond the reasonable control of the user, and excluding noncompliance caused by operation error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

“Wastewater” means the liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

“WRD Manager” means the City of Medford Water Reclamation Division (WRD) Manager or duly designated representative with authority to administer the industrial pretreatment program and respond to the requirements of regulatory agencies with respect to the National Pollutant Discharge Elimination System (NPDES) permit held by the Regional Water Reclamation Facility.