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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 21. WATER AND SANITATION |
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Chapter 21-15. DISCHARGES TO WASTEWATER SYSTEM |
Section 21-1599. DEFINITIONS
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1599.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:
Act - The District of Columbia Wastewater System Regulation Act of 1985 (D.C. Law 6-95; D.C. Official Code §§ 8-105.01, et seq. (2008 Repl. & 2011 Supp)), as amended.
Analytical Testing - all methods of sample collection, preservation, and analysis as prescribed in 40 C.F.R. § 136, "Guidelines Establishing Tests Procedures for the Analysis of Pollutants under the Clean Water Act."
Best Management Practices (BMPs) - schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 C.F.R. § 403.5(a)(1) and (b), and local pretreatment requirements. BMPs also 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) - oxygen utilized in the biochemical oxidation of organic matter in five (5) days at twenty degrees Centigrade (20oC), expressed in milligrams per liter (mg/l) as determined by the methods of Analytical Testing.
Biosolids - wastewater sludge and residue that has been processed through a wastewater treatment system to meet the pathogen reduction and vector attraction reduction requirements of 40 C.F.R. § 503.15 for land application as fertilizer and soil amendment.
Blue Plains - The District of Columbia's Wastewater Treatment Plant at Blue Plains, a POTW.
Categorical Pretreatment Standards or Categorical Standards or National Categorical Pretreatment Standards - any regulation promulgated by the Environmental Protection Agency (EPA) in accordance with Sections 307(b) and (c) of the Clean Water Act which specifies quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new Industrial Users in specific industrial categories provided in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471.
Categorical Wastewater – wastewater subject to National Categorical Pretreatment Standards.
Chemical Oxygen Demand (COD) - the oxygen equivalent of that portion of the organic matter that is susceptible to oxidation by a strong chemical oxidant. The values shall be as determined by the methods of Analytical Testing.
Clean Water Act - the Federal Water Pollution Control Act approved October 18, 1972 (86 Stat. 816; 33 U.S.C. §§ 1251, et seq).
C.F.R. – the Code of Federal Regulations.
Combined Sewer - a sewer which is intended by the District to serve as both a storm sewer and sanitary sewer.
Compatible Pollutants - biochemical oxygen demand, total suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified by WASA if the wastewater treatment plant in fact removes such additional pollutants to a substantial degree. The term "substantial degree" is not subject to precise definition, but generally contemplates removals in the order of eighty percent (80%) or greater. Minor incidentals removals in the order of ten to thirty percent (10% to 30%) are not considered substantial. Examples of the additional pollutants which may be considered compatible include the following:
(a) Chemical oxygen demand;
(b) Total organic carbon;
(c) Phosphorous and phosphorous compounds; and
(d) Nitrogen and nitrogen compounds.
Contributing Jurisdiction – a jurisdiction whose Industrial Users are located outside the jurisdictional boundary of a User Jurisdiction, but the discharges from the Industrial Users discharge into the User Jurisdiction sewer system and ultimately into WASA’s wastewater system.
Cooling Water - the wastewaters discharged from any system of heat transfer, such as condensation, air conditioning, cooling or refrigeration 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.
Daily Maximum Limit – 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.
DCMR – the District of Columbia Municipal Regulations.
Discharge - any solid, liquid, or gas introduced into the wastewater system, including indirect discharges.
District - the District of Columbia, a municipal corporation.
District Pretreatment Standards or Local Limits - those limits found in 21 DCMR § 1501 and D.C. Official Code § 8-105.06 (2008 Repl. & 2011 Supp.)).
Domestic Wastewater – Any wastewater produced by ordinary living uses, including, but not limited to, liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or other sources of water-carried wastes of human origin. This definition includes wastewater from commercial, industrial or residential sources which is of a similar quality, constituents and strength, to that produced by these same ordinary living uses.
EPA - the U.S. Environmental Protection Agency.
Garbage - solid wastes from domestic and commercial preparation, cooking, or dispensing of food, or from the handling, storage, or sale of produce. For purposes of this chapter, "garbage" is not the same as "shredded garbage".
Grease Abatement System - Any grease interceptor, grease trap, grease recovery device, or any treatment system designed to remove Fats, Oils and Grease (FOG) from food service establishments, including but not limited to, cafeterias, hotel kitchens, church kitchens, school kitchens, hospital cafeterias, bars, or any other commercial food service establishment.
Hazardous Waste - waste defined as hazardous waste in the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1302(2) (2008 Repl. & 2011 Supp.)), as amended.
Health Care Facility - a facility defined as a health care facility in the Unused Pharmaceutical Safe Disposal Act of 2009, effective March 5, 2010 (D.C. Law 18-112; D.C. Official Code § 48-851.01 (2009 Repl. & 2011 Supp.)), as amended.
High Strength Wastewater - wastewater containing concentrations of organic matter, solids, or nutrients that are higher than domestic strength wastewater as established by WASA.
Incompatible Pollutant - any pollutant which is not a "compatible pollutant" as defined in this section.
Indirect Discharge - the introduction of pollutants into a POTW or the District’s wastewater system from any non-domestic source regulated under section 307(b), (c), or (d) of the Clean Water Act and the Act.
Industrial User or IU - a source of Indirect Discharge from a non-domestic User who discharges, causes, or permits the discharge of wastewater into the District's wastewater system.
Infectious Waste - any waste defined as infectious waste in the Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94; D.C. Official Code § 8-1051(21) (2008 Repl. & 2011 Supp.)), as amended.
Institutional pharmacy – a pharmacy defined as an institutional pharmacy in the Unused Pharmaceutical Safe Disposal Act of 2009, effective March 5, 2010 (D.C. Law 18-112; D.C. Official Code § 48-851.01 (2009 Repl. & 2011 Supp.)), as amended.
Interference - a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(a)Inhibits or disrupts the District’s wastewater system, its treatment processes or operations, or its sludge processes, use or disposal; and
(b)Therefore is a cause of a violation of any requirement of WASA’s National Pollutant Discharge Elimination System 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 the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations):
(1) Section 405 of the Clean Water Act;
(2) Solid Waste Disposal Act (SWDA) including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including State or District regulations contained in any State or District sludge management plan prepared pursuant to subtitle D of the SWDA;
(3) Clean Air Act;
(4) Toxic Substances Control Act; and
(5) Marine Protection, Research, and Sanctuaries Act.
International Standards Organization or ISO - An international non-governmental organization that develops international standards, such as ISO 11143: Dentistry - Amalgam Separators, available through the ISO website at http://www.iso.org.
Mayor - the Mayor of the District of Columbia or any representative or agency designated by the Mayor to carry out the provisions of the Act and these regulations.
Medical Waste - any waste defined as medical waste in section 2(3A) of the Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901(3A) (2008 Repl.)), as amended.
National Pretreatment Standards, Pretreatment Standards, or Standards - any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Clean Water Act, which applies to Industrial Users. National Pretreatment Standards, Pretreatment Standards, or Standards includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5, D.C. Official Code § 8-105.06 (2008 Repl. & 2011 Supp.), and this chapter.
Natural Outlet - any outlet into a watercourse, pond, ditch, river, lake, or other body of surface water.
New Source -
(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 Clean Water Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(1)The building, structure, facility or installation is constructed at a site at which no other source is located;
(2)The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3)The production or wastewater generating processes of the building, 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 paragraphs (a)(2) and (a)(3) above, but otherwise alters, replaces, or adds to existing process or production equipment; and
(c)Construction of a new source as defined above has commenced if the owner or operator has:
(1)Begun or caused to begin as part of a continuous onsite 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 paragraph.
Non-Contact Cooling Water – water used for cooling which does not come into direct contact with any raw material, product, byproduct, or waste.
Non-Significant Categorical Industrial User – an Industrial User subject to Categorical Pretreatment Standards under 40 C.F.R. § 403.6 and 40 C.F.R. Chapter I, Subchapter N that WASA determines is a Non-Significant Categorical Industrial User rather than a Significant Categorical Industrial User on a finding that the Industrial User does not discharge more than one-hundred gallons per day (100 gal./day) 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:
(a)The Industrial User, prior to WASA’s finding has consistently complied with all applicable Categorical Pretreatment Standards and requirements;
(b)The Industrial User annually submits the certification statement required in § 1508.9 together with any additional information necessary to support the certification statement; and
(c)The Industrial User never discharges any untreated concentrated wastewater.
Non-Significant Non-Categorical Industrial User – an Industrial User that is not subject to Categorical Pretreatment Standards, discharges less than twenty-five gallons per day (25,000 gal./day) of process wastewater, and specifically designated by WASA due to type of business, characteristics of the discharge, or presence of pretreatment facilities.
Non-wastewater flows – discharges that do not result from an industrial process, which include storm waters (including snow melt), surface waters, ground waters, subsurface drainage (including foundation, footing, and under drainage), cooling waters, roof drainage, irrigation waters, diverted stream flows, and spring waters.
North American Industry Classification System (NAICS) – the classification and classification numbers of Users based on the 2007 North American Industry Classification Manual by the Executive Office of the President, Office of Management and Budget, as it may be revised, updated, replaced, or amended.
NPDES Permit – means the National Pollution Discharge Elimination System permit issued by the EPA Region III to WASA for the operation of the Blue Plains Wastewater Treatment Facility in effect on September 30, 2010, and as it may be amended or modified in the future, and any successor permits issued by the EPA Region III to either the District or to WASA.
Nuisance - any condition, state or combination of circumstances which injures, or threatens or endangers health, safety, or welfare.
Objectionable Color - a color inappropriate for the normal characteristics of the receiving water.
Pass Through - any discharge which exits the District’s Wastewater system into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes or may cause, or contributes to, a violation of any requirement of the NPDES permit including an increase in the magnitude or duration of a violation.
Person - any natural person, 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.
pH - the logarithm to the base ten (10) of the reciprocal of the concentration of hydrogen ion in grams per liter (g/l) of solution as determined by the methods of Analytical Testing.
Pharmaceutical Product - a drug or biologic regulated by the federal Food and Drug Administration.
Pharmaceutical Waste – a pharmaceutical product, which is no longer suitable for its intended purpose or is otherwise being discarded.
Phosphorus or Total Phosphorus (TP) – phosphorus content in wastewater as determined by the methods of Analytical Testing.
Pollutant - any substance which induces or may induce an alteration of the chemical, physical, biological, or radiological integrity of water, which has or may have a detrimental effect on a subsequent use of that water, or which interferes or may interfere with the District’s wastewater system.
Pretreatment- 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 discharging or otherwise introducing such pollutants to the District’s wastewater system. This reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 C.F.R. § 403.6(d) and section 7(h) of the Act. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the District’s wastewater system. However, if wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 C.F.R. § 403.6(e).
Pretreatment Requirements - any District pretreatment standard or federal, state, or local substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.
Process Wastewater – wastewater discharged from an industrial process or contaminated non-wastewater flows that contain pollutant levels that exceed the District’s Pretreatment Standards (prior to treatment), excluding sanitary, noncontact cooling and boiler blowdown wastewater.
Publicly Owned Treatment Works or POTW - a treatment works as defined by section 212 of the Clean Water Act (33 U.S.C. § 1292), which is owned by a State or municipality, such as the District of Columbia. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyance, which convey wastewater to a treatment plant.
Residue - the accumulated solids, grease, liquids, and scum separated from wastewater during the wastewater treatment process. Also referred to as "sludge and residue".
Responsible Corporate Officer - shall be:
(a) A 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 which 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.
Sanitary Sewer Service Charge - the charge levied against Users to recover the costs of rendering wastewater treatment system services.
Septic Tank - a watertight receptacle which receives the discharge from a drainage system or a part of the drainage system, and is designed and constructed to separate solids from the liquid, decompose organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank.
Sewer - any pipe or conduit for conveying wastewater or drainage water.
Shredded Garbage - garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one inch (1 in.) in dimension. For purposes of this chapter, "shredded garbage" is not the same as "garbage".
Significant Accidental Discharge - any unintentional or uncontrolled release of pollutant(s) which results in a violation of a permit issued pursuant to this chapter or results in a violation of the NPDES permit issued to operate Blue Plains.
Significant Categorical Industrial User – an Industrial User that is subject to Categorical Pretreatment Standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N and does not meet the requirements as a Non-Significant Categorical Industrial User.
Significant Industrial User -
(a)Except as provided in paragraph (b) below, any Industrial User that either:
(1) Is an Industrial User subject to Categorical Pretreatment Standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N; and
(2) Any other Industrial User that:
(A) Discharges an average of twenty-five thousand gallons per day (25,000 gal./day) or more of process wastewater to the District’s wastewater system or other POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
(B) Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of Blue Plains; or
(C)Is designated as a Significant Industrial User by WASA on the basis that the Industrial User has a reasonable potential for adversely affecting the operation of Blue Plains or for violating any pretreatment standard or requirement, for harming the environment or for causing a threat to wastewater utility personnel.
(b)Upon a finding that an Industrial User meeting the criteria in (a)(2)(A)-(C) has no reasonable potential for adversely affecting the operation of Blue Plains or for violating any pretreatment standards or requirements, WASA may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such Industrial User is not a Significant Industrial User.
Significant Noncompliance - for the purposes of this chapter, a Significant Industrial User is in significant noncompliance with the pretreatment standards and requirements if it violates a term of a discharge permit and it’s violation meets one (1) or more of the criteria listed in § 1515, or an Industrial User whose violation meets one (1) or more of the criteria listed in § 1515.3(c), (d), or (h) of this chapter.
Significantly Changed Operation – WASA shall determine what constitutes a “"significantly changed operation" on a case-by-case basis by reference to such factors as the increase in the level of pollutant(s) discharged, the potential for the discharge of additional pollutants or the potential for accidental or uncontrolled discharges as a result of process modifications, production increases, equipment modifications and the like.
Slug Discharge or Slug Load - 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 WASA’s regulations, local limits, or permit conditions such that it is capable of violating the specific prohibited discharge limits and local pretreatment requirements in § 1501 of this chapter.
Standard Industrial Classification - the classification and classification numbers of Users based on the 1987 Standard Industrial Classification Manual (SIC) by the Executive Office of the President, Office of Management and Budget, as it may be revised, updated, replaced or amended.
Termination of Service - includes closing off or removing branch sewer(s), disconnecting water service(s) and removal of water service lines.
Total Kjeldahl Nitrogen (TKN) – the sum of the content of organic nitrogen, ammonia and ammonium in the wastewater, expressed in milligrams per liter (mg/l) as determined by the methods of Analytical Testing.
Total Suspended Solids (TSS) - solids that either float on the surface of, or may be suspended in, water, sewage, or other liquids, and which may be removable by laboratory filtering, with concentrations expressed in milligrams per liter (mg/l). The value shall be as determined by the methods of Analytical Testing.
Toxic Pollutant - any pollutant which is identified as toxic by the EPA or which is designated as toxic by WASA.
Uncontaminated Non-Wastewater Flows – non-wastewater flows that contain pollutants at levels that do not exceed the District’s pretreatment standards.
User - any person who discharges, causes, or permits the discharge of wastewater into the District's wastewater system.
User Jurisdictions – the jurisdiction that directly or indirectly connects to or discharges into, the District’s wastewater system, including Montgomery County and Prince George's County, Maryland, as represented by the Washington Suburban Sanitary Commission; Fairfax County, Virginia; Loudoun County, Virginia; and Vienna, Virginia.
WASA - the District of Columbia Water and Sewer Authority.
Waste - sewage and any and all other waste substances of human or animal origin, or associated with human habitation, or resulting from any production, storage, manufacturing or processing operation of whatever nature, whether liquid, solid, gaseous or radioactive. This definition includes such wastes placed within containers of whatever nature prior to, and for purposes of, disposal.
Wastewater - means the liquid and water-carried wastes from dwellings, commercial buildings, industrial facilities, institutions, and swimming pools.
Wastewater System - means the devices, facilities, structures, equipment, or works owned, operated, maintained, or used by the District or WASA for the purpose of the transmission, storage, treatment, recycling, and reclamation of wastewater or to recycle or reuse water, including intercepting sewers, outfall sewers, wastewater collection systems, treatment, pumping, power, and other equipment and their appurtenances, extensions, improvements, remodeling of improvements, additions, and alterations to the additions, elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities, and any works, including land, that are or may be an integral part of the treatment process or that are or may be used for disposal of sludge and residue resulting from such treatment, and sewers designated as storm sewers shall be considered a part of the wastewater system for purposes of this subchapter.