N.H. Code Admin. R. Env-Ws 904.03
As used herein the following terms shall have the following meanings:
(a) "Department" means the New Hampshire department of environmental services.
(b) "Domestic septage" means either liquid or solid material removed from a septic tank, cesspool, or similar containment area that receives only domestic sewage.
(c) "Domestic sewage" means sewage comprised of waste and wastewater from household or commercial operations, that:
(1) Contains no industrial waste; and
(2) Is discharged to or otherwise enters a treatment works.
(d) "Fume toxicity screening level" means that concentration of a pollutant in water which, under equilibrium conditions, a confined environment, and a standard temperature, would cause the concentration of the pollutant in the air over that water to exceed the exposure limit.
(e) "Headworks" means that portion of a wastewater treatment plant which first receives the total influent flow for initial treatment.
(f) "Headworks loading limit" means the maximum allowable quantity of pollutants at the headworks of a wastewater treatment plant when the following constraints are considered:
(1) Water quality standards for the receiving water;
(2) Discharge permit limits;
(3) Inhibition of biological treatment processes;
(4) Sludge criteria;
(5) Corrosive destruction of the POTW;
(6) Air quality limitations; and
(7) Worker safety.
(g) "Indirect discharge" means the introduction of pollutants into a POTW from any non-domestic sources.
(h) "Indirect discharger" means a facility that discharges waste, as defined by RSA 485-A:2, XVI, alone or in combination with domestic sewage to a POTW.
(i) "Industrial waste" means "industrial waste" as defined by RSA 485-A:2, VI, namely "any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources."
(j) "Interference" means an indirect discharge which, alone or in conjunction with indirect discharge(s) from other sources:
(1) Inhibits or disrupts the POTW's treatment processes or operations, or its processing, use, or disposal of sludge in compliance with applicable statutes and rules;
(2) Is a cause of a violation of any requirements of the POTW's federal or state discharge permit; or
(3) Prevents sewage sludge use or disposal in compliance with the following statutory provisions and rules or permits issued thereunder:
a. Env-Wm 101-102, 201-210, 301-316, and 2100- 3700 relative to solid waste management;
b. Env-A 100-3800 relative to air pollution control;
c. The General Pretreatment Regulations For Existing and New Sources of Pollution, 40 CFR 403;
d. The Federal Toxic Substances Control Act;
e. The Federal Marine Protection, Research and Sanctuaries Act; and
f. Env-Ws 800 and 40 CFR 503 relative to use or disposal of sewage sludge.
(k) "Local limit" means a pollutant quantity specified in a municipal sewer ordinance which numerically limits the amount of each specified pollutant that can be discharged to the POTW by an indirect discharger.
(l) "Medical/infectious waste" means "medical/infectious waste" as defined by RSA 125-N:2, VIII.
(m) "Municipal sewer use ordinance" means that set of ordinances, bylaws, or regulations duly adopted by the governing body of the municipality relating to the POTW and all appurtenant structures, including any pretreatment facilities as are required for the proper maintenance and operation of the foregoing enumerated facilities.
(n) "Municipality" means, for the purposes of these rules, any state, county, city, town, district, governmental subdivision of the state, or any other public entity, other than federal agencies, responsible for the operation and maintenance of the treatment works.
(o) "Other wastes" means other wastes as defined by RSA 485-A:2, VIII, namely "garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substances harmful to human, animal, fish or aquatic life."
(p) "Pass through" means a discharge to a POTW 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 POTW's federal and/or state discharge permit.
(q) "Person" means person as defined by RSA 485-A:2, IX, namely "any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity."
(r) "Pharmaceutical waste" means a prescription drug, as defined by RSA 318:1, XVII, or a nonprescription or proprietary medicine, as defined by RSA 318:1, XVIII, that is no longer suitable for its intended purpose or is otherwise being discarded.
(s) "Pretreatment" means the application of physical, chemical, or biological processes, either singly or in combination, to reduce the amount of pollutants in or alter the nature of the pollutant property in a waste prior to discharge into a POTW.
(t) "Publicly owned treatment works" or "POTW" means a treatment works which is owned by a municipality.
(u) "Radiological waste" means radioactive waste as regulated by RSA 125-F.
(v) "Sewage" means "sewage" as defined by RSA 485-A:2, X, namely "the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present."
(w) "Significant Indirect Discharger" means an indirect discharger that meets one or more of the following criteria:
(1) Is subject to national categorical pretreatment standards under 40 CFR 403.6;
(2) Discharges an average of 10,000 gallons per day or more of process wastewater ;
(3) Discharges a process wastewater which contributes 5 percent or more of the hydraulic or organic loading to the wastewater treatment plant ;
(4) Discharges medical/infectious waste, pharmaceutical waste, or radiological waste; or
(5) Is designated as such by the municipality as having a reasonable potential for adversely affecting the POTW's operation or performance or for violating any pretreatment standard or requirement.
(x) "Sludge" means "sludge" as defined by RSA 485-A:2, XI-a, namely "the solid or semisolid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under RSA 149-M."
(y) "Sludge toxicity" means the degree to which a sludge has a toxic effect on living organisms.
(z) "Surface waters of the state" means "surface waters of the state" as defined by RSA 485-A:2, XIV, namely "perennial and seasonalstreams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses and other bodies of water, natural or artificial."
(aa) "Treatment works" means any device or system used in the collection, storage, treatment, recycling, or reclamation of sewage or industrial waste and includes all collection sewers, interceptor sewers, pumping stations, treatment and appurtenant facilities essential to the operation of an entire system.
(ab) "Upset" means "upset" as defined by RSA 485-A:2, XVIII, namely "an exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee."
(ac) "Waste" means "waste" as defined by RSA 485-A:2, XVI, namely "industrial waste and other wastes."
(ad) "Wastewater treatment plant" means "wastewater treatment plant" as defined by RSA 485-A:2, XVI-a, namely "the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater."
N.H. Code Admin. R. Env-Ws 904.03
#2240, eff 12-31-82; ss by #2851, eff 9-21-84; EXPIRED 9-21-90
New. #6373, eff 11-16-96; ss by #8203, INTERIM, eff 11-16-04, EXPIRES: 5-15-05; ss by #8328, eff 4-23-05