Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 623 - Pretreatment for Central Treatment Trusts › Subchapter 1 - General Provisions › Section 252:623-1-4 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Act"
or
"the Act"
means the
				  Federal Water Pollution Control Act, also known as the Clean Water Act, as
				  amended,
				  33 U.S.C. §
										1251
et seq.
"Approval authority"
means the Executive
				  Director of the DEQ.
"Authorized representative of the user"
means:
(A) if the user is a corporation:
(i) 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
(ii) The manager of one or more manufacturing, production, or
				  operation facilities employing more than two hundred fifty (250) persons or
				  having gross annual sales or expenditures exceeding twenty-five (25) million
				  dollars (in second-quarter 1980 dollars), if 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) A designee of any of the individuals described in
				  subparagraphs (A) through (C), of this definition. The individual 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 DEQ and the CTT.
"Background level concentrations"
means
				  concentrations of pollutants, expressed in mg/l, assumed to be present in a
				  POTW influent due to natural background sources, nonpoint sources, and
				  discharges from users determined to be not significant, as established during
				  the CTT's development of technically based local limits and as approved by the
				  Approval Authority.
"Biochemical oxygen demand"
means the quantity
				  of oxygen utilized in the biochemical oxidation of organic matter under
				  standard laboratory procedures for five (5) days at 20 degrees centigrade,
				  usually expressed as a concentration (e.g., mg/l).
"Categorical pretreatment standard"
means any
				  regulation containing pollutant discharge limits promulgated by EPA in
				  accordance with Sections 307(b) and (c) of the Act [
				  33 U.S.C. Section
				  1317(b) and (c) ] which
				  apply to a specific category of users and which appear in 40 CFR Chapter I,
				  Subchapter N, Parts 405-471.
"Categorical standard"
means any regulation
				  containing pollutant discharge limits promulgated by EPA in accordance with
				  Sections 307(b) and (c) of the Act [
				  33 U.S.C. Section
				  1317(b) and (c) ] which
				  apply to a specific category of users and which appear in 40 CFR Chapter I,
				  Subchapter N, Parts 405-471.
"Central treatment trust"
means a public trust
				  having the State of Oklahoma as beneficiary which holds a permit issued under
				  the NPDES Act, pursuant to the Federal Water Pollution Control Act, as amended
				  by the Federal Clean Water Act,
				  33 U.S.C., Section
				  1251
et seq.
and which
				  receives waste water streams from third parties into a central waste water
				  treatment system owned and operated by the public trust, and treats the
				  commingled waste streams in the central waste water treatment system before
				  discharging the resulting effluent pursuant to an NPDES permit into navigable
				  water of the United States of America located in this state.
"Discharge"
means the introduction of pollutants
				  into the POTW from any nondomestic source regulated under Section 307(b), (c),
				  or (d) of the Act.
"Environmental Protection Agency"
means the U.S.
				  Environmental Protection Agency or, where appropriate, the Regional Water
				  Management Division Director, or other duly authorized official of said
				  agency.
"Executive Director"
means the executive officer
				  of the Department of Environmental Quality.
"Existing source"
means any source of discharge,
				  the construction or operation of which commenced prior to the publication by
				  EPA of proposed categorical pretreatment standards, which will be applicable to
				  such source if the standard is thereafter promulgated in accordance with
				  Section 307 of the Act.
"Grab sample"
means a sample which is taken from
				  a wastestream without regard to the flow in the wastestream and over a period
				  of time not to exceed fifteen (15) minutes.
"Indirect discharge"
means the introduction of
				  pollutants into the POTW from any nondomestic source regulated under Section
				  307(b), (c), or (d) of the Act.
"Industrial User"
means a source of indirect
				  discharge.
"Interference"
means a discharge, which alone or
				  in conjunction with a discharge or discharges from other sources, inhibits or
				  disrupts the POTW, its treatment processes or operations or its sludge
				  processes, use or disposal; and therefore, is a cause of a violation of the
				  CTT's NPDES permit (including an increase in magnitude or duration of a
				  violation) 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.
"Loading capacity"
means the amount of loading
				  of a pollutant that a POTW can receive without risk of pass through or
				  interference.
"Maximum allowable headworks loadings"
means the
				  loading capacity of the POTW for pollutants, expressed in lbs/day, minus
				  allocations for background level concentrations and a safety factor.
"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.
"Municipality"
means a city, town, county,
				  district, association, or other public body created by or under State
				  law.
"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;
(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 subparagraph (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
				  definition has commenced if the owner or operator has:
(i) begun, or caused to begin, as part of a continuous onsite
				  construction program:
(I) any placement, assembly, or installation of facilities or
				  equipment; or
(II) 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.
"Noncontact cooling water"
means water used for
				  cooling which does not come into direct contact with any raw material,
				  intermediate product, waste product, or finished product.
"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 CTT's NPDES 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, public trust, estate, governmental entity, or any other legal entity; or
				  their legal representatives, agents, or assigns. This definition includes all
				  Federal, State, and local governmental entities.
"pH"
means the logarithm (base 10) of the
				  reciprocal of the concentration of the hydrogen ions measured in grams per
				  liter of solution and expressed in Standard Units (SU).
"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, COD, toxicity,
				  or odor).
"Pretreatment"
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 the POTW. This reduction or alteration can be obtained:
(A) by physical, chemical, or biological processes;
(B) by process changes; or
(C) 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"
means prohibited
				  discharge standards, categorical pretreatment standards, and local
				  limits.
"Prohibited discharge standards"
means absolute
				  prohibitions against the discharge of certain substances; these prohibitions
				  appear in OAC
				  252:623-3-1
				  and OAC
				  252:623-1-7(a).
"Prohibited discharges"
means absolute
				  prohibitions against the discharge of certain substances; these prohibitions
				  appear in OAC
				  252:623-3-1
				  and OAC
				  252:623-1-7(a).
"Publicly owned treatment works"
means a
				  treatment works, as defined by Section 212 of the Act (
				  33
				  U.S.C. Section 1292 ) which is owned by the
				  CTT. 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.
"Septic tank waste"
means any sewage from
				  holding tanks such as vessels, chemical toilets, campers, trailers, and septic
				  tanks.
"Sewage"
means human excrement and gray water
				  (household showers, dishwashing operations, etc.).
"Significant industrial user"
means:
(A) a user subject to categorical pretreatment standards;
				  or
(B) a user that:
(i) 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);
(ii) 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
(iii) is designated as such by the DEQ 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) Upon a finding that a user meeting the criteria in (B) of
				  this definition has no reasonable potential for adversely affecting the POTW's
				  operation or for violating any pretreatment standard or requirement, the DEQ
				  may at any time, on its own initiative or in response to a petition received
				  from a 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.
"Slug"
means any discharge of a non-routine,
				  episodic nature, including but not limited to an accidental spill or a
				  non-customary batch discharge.
"Slug load"
means any discharge of a
				  non-routine, episodic nature, including but not limited to an accidental spill
				  or a non-customary batch discharge.
"Standard Industrial Classification (SIC) Code"
means a classification pursuant to the Standard Industrial Classification
				  Manual issued by the United States Office of Management and Budget.
"Standards"
means prohibited discharge
				  standards, categorical pretreatment standards, and local limits.
"Storm water"
means any flow occurring during or
				  following any form of natural precipitation, and resulting from such
				  precipitation, including snowmelt.
"Suspended solids"
means the total suspended
				  matter that floats on the surface of, or is suspended in, water, wastewater, or
				  other liquid, and which is removable by laboratory filtering.
"Treatment plant"
means that portion of the POTW
				  which is designed to provide treatment of municipal sewage and industrial
				  waste.
"User"
means a source of indirect
				  discharge.
"Wastewater"
means 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.
"Wastewater treatment plant"
means that portion
				  of the POTW which is designed to provide treatment of municipal sewage and
				  industrial waste.
Added at 18 Ok Reg 1601,
				  eff 6-1-01; Amended at 24 Ok Reg 1535, eff
				  6-15-07