§ 5-6-102. Definitions.

For the purposes of this division, the following words and phrases shall have the meanings given below, except in those instances when the context clearly indicates a different meaning.

(a)

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

(b)

Administrator. The Administrator of the United States Environmental Protection Agency or those acting on his behalf.

(c)

Approval authority. The Director of the Virginia Department of Environmental Quality.

(d)

Authority. The City of Alexandria, Virginia, Sanitation Authority.

(e)

Authorized representative of the user. A duly authorized representative of the individual or entity identified in paragraphs (1), (2), (3) or (4) below, if such representative is responsible for the overall operation of the facility from which the discharge originates. The authorization must be submitted to the authority in writing and must name the representative and the position he occupies. Whenever such authorization is no longer accurate, a new authorization must be submitted to the authority at least two weeks prior to submission of any reports signed by the authorized representative. An authorized representative shall be:

(1)

if the user is a corporation:

(a)

the president, secretary, treasurer or a vice-president of the corporation who is 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 or more manufacturing, production or operation facilities provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty or 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;

(2)

if the user is a partnership, a general partner of the partnership;

(3)

if the user is a sole proprietorship, the proprietor; or

(4)

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 such person's designee.

The individuals described in subsubsections (1) through (4) above 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 user, and the written authorization is submitted to the authority at least two weeks prior to any reports being signed by the new designee.

(f)

Best management practices or BMP means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices or procedures of users to prevent or reduce the discharge of pollutants, listed in section 5-6-11, into the POTW. Such practices may include, but are not restricted to, notification plans of any accidental discharge, solvent and toxic organic management plans, operating procedures, practices to control batch discharges, sludge and waste disposals, spillage or leaks, or drainage from raw material storage, and practices for pollution prevention control.

(g)

City. The City of Alexandria.

(h)

Control authority. The City of Alexandria, Virginia, Sanitation Authority.

(i)

Conventional pollutants. BOD, TSS, fecal coliform, oil and grease, and pH.

(j)

Daily maximum limit or daily maximum. The maximum allowable discharge of pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

(k)

Director. The director of the department of transportation and environmental services of the city.

(l)

Discharge or indirect discharge. The introduction of pollutants or wastewater containing pollutants into the POTW.

(m)

Engineer. The engineer-director of the authority or another employee of the authority who has been duly authorized to act on the engineer-director's behalf or duly delegated the engineer director's authority.

(n)

Improperly shredded garbage. The wastes from the preparation, cooking, eating, handling, dispensing, sale or storage of food that have not been shredded to such a degree that all particles are less than a half an inch (1.27 centimeters) in any dimension and will be carried freely under the flow conditions normally prevailing in public sewers.

(o)

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.

(p)

Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources:

(1)

inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, or the use or disposal of its sludge;

(2)

is a cause of a violation of any requirement of the authority's NPDES permit, including an increase in the magnitude or duration of a violation; or

(3)

prevents the use or disposal of sludge at the POTW from complying with any provisions of federal, state or local law, including but not limited to section 405 of the Clean Water Act, the Solid Waste Disposal Act ("SWDA") (42 U.S.C.3251 et seq.), including title II which is more commonly referred to as the Resource Conservation and Recovery Act ("RCRA")(42 U.S.C.6901 et seq.), state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act and the Marine Protection, Research and Sanctuaries Act (33 U.S.C.1420 et seq.).

(q)

Medical waste. Isolation waste, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical waste, potentially contaminated laboratory waste or dialysis waste which have been generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, and any other medical wastes as specified in the Virginia Medical Waste Management Regulations, 9 VAC20-120. The term does not include any household waste identified in 40 C.F.R.261.4(b)(l).

(r)

National categorical pretreatment standards or categorical standards. Any regulation containing pollutant discharge limits, promulgated by the United States Environmental Protection Agency pursuant to sections 307(b) and (c) of the Clean Water Act (33 U.S.C Section 1317), which apply to a specific category of users which appear in 40 C.F.R., Chapter I, Subchapter N, Parts 405 through 471. All such standards are included in this division as if fully set forth herein.

(s)

National Pollutant Discharge Elimination System permit or NPDES permit. A permit issued pursuant to Section 402 of the Clean Water Act.

(t)

New source.

(1)

Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commences after the publication in the Federal Register of proposed pretreatment standards under the Clean Water Act that would be applicable to the source if such standards were thereafter promulgated, provided that:

(i)

the building, structure, facility or installation is constructed at a site where no other source of pollutant discharges is located; or

(ii)

the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge from 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 this "substantially independent" criterion is met, factors such as the extent to which the new facility is integrated with the existing plant and is engaged in the same general type of activity as the existing source shall be considered.

(2)

Construction at a site at which an existing source of pollutant discharges is located results in a modification of the existing source, rather than a new source, if the construction does not create a new building, structure, facility or installation meeting the criteria of subsubsection (1) above, but otherwise alters, replaces or adds to existing process or production equipment.

(3)

Construction of a new source has commenced if the owner or operator has:

(i)

begun, or caused to begin, as part of a continuous on-site construction program, any replacement, assembly or installation of facilities or equipment, or any significant site preparation work, including excavation work or clearing or removal of existing buildings or structures;

(ii)

entered into binding contractual obligations for the purchase of facilities or equipment which are intended to be used in the operation of the new source within a reasonable time; provided, that options to purchase, contracts which may be terminated or modified without substantial loss, and contracts for feasibility, engineering or design studies shall not constitute a contractual obligation under this subsubsection.

(u)

Noncontact cooling water. Water used solely for cooling purposes which does not come in contact with any other discharge until it is discharged into the collection system or the POTW, and which does not exceed the pretreatment standards.

(v)

Pass through. Any discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.

(w)

Permittee. A holder of a wastewater discharge permit issued by the authority.

(x)

pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(y)

Photographic processing facility. A facility which processes images from silver sensitized films and papers, including, but not limited to commercial photographic and film processing facilities, in-house photographic processing facilities, mini-labs, printers, and x-ray and other medical, dental, industrial, institutional or diagnostic facilities which produce a silver rich solution.

(z)

Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, rock, sand, municipal wastes, and agricultural wastes.

(aa)

POTW or publicly owned treatment works. The wastewater treatment plant operated by the authority, along with the pump stations and sewers which deliver wastewater to the plant.

(bb)

Pretreatment. The reduction of the amount of pollutants to a less harmful state, or the elimination of pollutant properties in wastewater, prior to or in lieu of the discharge of the pollutants into the POTW. This reduction or elimination may be obtained by physical, chemical or biological processes or other means; it may not be obtained by dilution of the concentration of the pollutants, unless allowed by an applicable pretreatment standard, or by other means which are prohibited by 40 C.F.R.403.6(d).

(cc)

Pretreatment requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

(dd)

Pretreatment standards or standards. Federal, state or local standards which prohibit certain pollutants from appearing in discharges or which limit the quantity or concentration of certain pollutants which may appear in discharges, including national categorical pretreatment standards promulgated by the United States Environmental Protection Agency.

(ee)

Prohibited discharge. Any discharge containing a pollutant which is prohibited from entering the POTW.

(ff)

Sewer connection permit. A permit issued pursuant to section 5-6-25 of this article.

(gg)

Silver CMP. The Code of Management Practice for Silver Dischargers, issued by the Silver Council and the Association of Metropolitan Sewage Agencies, dated September 1995, as amended from time to time, which provides recommendations on technology, equipment and management practices for controlling silver discharges from facilities that process photographic materials. (A copy of the Silver CMP shall be obtainable from the authority.)

(hh)

Silver recovery. The process of removing silver from silver rich solutions.

(ii)

Silver rich solution. A solution containing sufficient silver such that cost-effective silver recovery can be done either on-site or off-site. In photographic processing facilities, such solutions include, but are not limited to, fix and bleach-fix solutions, stabilizers, low replenished (low-flow) washes, and all functionally similar solutions, but do not include low silver solutions such as used developers, bleaches, stop baths, pre-bleaches, stabilizers following washes and wash waters.

(jj)

Slug discharge. Any discharge which, because of the concentration of pollutants or the quantity of flow, could cause a violation of a standard for prohibited discharges.

(kk)

User. Any person or entity which is the source of a discharge.

(ll)

User, industrial. Any person or entity which is a non-residential source of a discharge.

(mm)

User, significant industrial:

(1)

Categorical. Any industrial user subject to the national categorical pretreatment standards in 40 C.F.R.403.6 and 40 C.F.R. Parts 405 through 471; and

(2)

Noncategorical. Any other industrial user that discharges an average of 25,000 or more gallons per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater), contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW's treatment capacity, or is designated a significant industrial user in accordance with 40 C.F.R. section 403.8(f)(g), on the basis that the industrial user has a reasonable potential to adversely affect the POTW's operation or to violate any national categorical pretreatment standard or requirement.

(3)

The authority may determine that the 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 discharged more than 100 gallons per day (gpd) of total categorical wastewater) excluding sanitary, non-contact cooling and boiler blow-down wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

(a)

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

(b)

The industrial user annually submits the certification statement required by 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and

(c)

The industrial user never discharges any untreated concentrated wastewater.

(4)

Upon a finding that a user meeting the criteria in (mm)(2) of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the engineer may determine that the user should not be considered a significant user in accordance with procedures in 40 CFR 403.8(f)(6).

(nn)

Wastewater. Liquid and water-carried wastes containing any pollutants whether treated or untreated, which are discharged from any source into a POTW. (Ord. No. 4501, 10/13/07, Sec. 1)