5 Colo. Code Regs. § 1002-63.7

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-63.7 - DEFINITIONS

The following definitions are applicable to these regulations:

A. "Act" means the Colorado Water Quality Control Act as from time to time amended, section 25-8-101 C.R.S., 1973, et seq.

B. "Approval Authority" means the Director of the Water Quality Control Division at such time that Colorado has an approved State pretreatment program, and until such time, the EPA Region 8 Administrator.

C. "Approved POTW Program" or "Program" or "POTW Pretreatment Program" means a program administered by a POTW that has been approved by the Director in accordance with 40 CFR 403.11, or a program previously approved by EPA as described in the approved program document.

D. "Approved Program Document" means the approved pretreatment program. The approved program document describes in detail the steps necessary for adequate implementation of the POTW's industrial pretreatment program including, but not limited to the level of effort appropriate for monitoring, permitting and enforcement.

E. "Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). 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.

F. "Commission" means the Water Quality Control Commission created by section 25-8-201, C.R.S., 1973, as amended.

G. "Composite sample" means multiple samples collected at equally spaced intervals or proportioned according to flow.

H. "Control Authority" means the Director of the Water Quality Control Division or in the case of a POTW with an approved POTW Pretreatment Program, the POTW.

I. "Daily Maximum" means a limitation not to be exceeded by either a composite sample or the arithmetic average of grab samples taken within a 24 hour period.

J. "Director" means the Director of the Water Quality Control Division or his/her authorized representative.

K. "Discharge" or "Indirect Discharge" means the introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c) or (d) of the Clean Water Act.

L. "Domestic Wastewater" includes:

(1) wastewater from normal residential activities including, but not limited to, wastewater from kitchen, bath and laundry facilities, or

(2) wastewater from the personal sanitary conveniences (toilets, showers, bathtubs, fountains, non-commercial sinks, and similar structures) of commercial, industrial or institutional buildings, provided that the wastewater exhibits characteristics which are similar to those of wastewater from normal residential activities. Specifically excluded from this definition is wastewater from commercial, industrial, or institutional laundries or food preparation facilities.

M. "Enforcement Division Director" means one of the directors of the Enforcement Division within the Regional VIII offices of the EPA or this persons delegated representative.

N. "EPA" means the federal Environmental Protection Agency.

O. "Clean Water Act" or "CWA" means the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.)

P. "Grab Sample" means a single "dip and take" sample collected over a period of time not exceeding 15 minutes, so as to be representative of the parameter being monitored.

Q. "Industrial User" or "User" means a source of indirect discharge which contains non-domestic wastewater.

R. "Industrial User Permit" means a permit issued pursuant to paragraph 63.12(A) of this regulation.

S. "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 process or operations, or its sludge processes, use or disposal; and

(2) Therefore is a cause of a violation of any requirement of the POTW's 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): Section 405 of the Federal Clean Water Act, the Solid Waste Disposal Act (SWDA) which includes Title II known as the Resource Conservation and Recovery Act, the Division's Domestic Sewage Sludge Regulations, the Federal Clean Air Act, or the Toxic Substance Control Act.

T. "Monthly Average" means a monthly average determined by the arithmetic mean of all samples collected during a calendar month unless otherwise defined in the regulations except that split samples shall be averaged as a single value. Samples may not be used for more than one reporting period.

U. "National Pretreatment Standard," "Pretreatment Standard," or "Standard" means any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with section 307 (b) and (c) of the Clean Water Act, including prohibitive discharge limits established pursuant to 40 CFR 403.5 and which applies to Industrial Users.

V. "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 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 wastewater source is located; or

(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 of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing wastewater 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.

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 (2) and (3) above but otherwise alters, replaces, or adds to existing process or production equipment. 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;

(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

(b) 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.

W. "Non-domestic wastewater" means wastewater which does not meet the definition of domestic wastewater above.

X. "Notice of Discharge Requirements" means the control mechanism issued by the Director that contains terms and conditions that must be met in order to achieve compliance with applicable pretreatment standards and requirements.

Y. "Permit" means a CDPS permit issued pursuant to state and federal law.

Z. "Pass- through" means an indirect discharge that exits the POTW into waters of the state in quantities or concentrations that, alone or in conjunction with an indirect discharge or indirect discharges from other sources, is a cause of a violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation).

AA. "Publicly Owned Treatment Works" or "POTW" means a publicly owned domestic wastewater treatment facility. This includes any publicly owned devices and systems used in the storage, treatment, recycling or reclamation of municipal sewage or treatment of industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances if they are publicly owned or if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharge from such a treatment works.

BB. "POTW Treatment Plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.

CC. "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 discharging or otherwise introducing such pollutants into a POTW.

DD. "Pretreatment Requirements" means any substantive or procedural requirement related to pretreatment other than a National Pretreatment Standard, imposed on an Industrial User.

EE. "Regional Administrator" means the EPA Region 8 Administrator.

FF. Except as provided in paragraph 3 and 4 of this section, "Significant Industrial User" means:

(1) All Industrial Users subject to categorical pretreatment standards found in Table I at section 63.12, and

(2) Any other Industrial User that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority, as defined in 63.7(Q), 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.

(3) The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) 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 Control Authority's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;

(b) the Industrial User annually submits the certification statement required in 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 an Industrial User meeting the criteria in subsection (2) of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an Industrial User or POTW determine, that such Industrial User is not a significant Industrial User.

GG. "Submission" means:

(1) A request by a POTW for approval of a Pretreatment Program to the Director;

(2) A request by a POTW to the Director for authority to revise the discharge limits in a categorical Pretreatment Standard to reflect POTW pollutant removals.

5 CCR 1002-63.7

40 CR 01, January 10, 2017, effective 3/1/2017