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Sec. 17-76. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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 state department of environmental management, the administrator of the EPA, or their designee.
Authorized representative of industrial user means an authorized representative of an industrial user may be: (1)
A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(2)
A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
(3)
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. The authorization shall be made in writing by the individual described above and shall be submitted to the control authority.
Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 403.5(a)(l) 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 material storage.
Best practicable technology (BPT) means a level of technology represented by the average of the best existing wastewater treatment performance levels within the industrial category.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees Celsius expressed in terms of weight and concentration (milligrams per liter (mg/l)).
Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes, inside the walls of the building and conveys it to the building sewer outside of the building wall.
Building sewer means a pipe connecting a main sewer with a building for the purpose of conveying sewage of any kind from the building to the main sewer, a sewer conveying wastewater from the premises of the user to the POTW. Building sewers, after completion of construction of a "building sewer lateral," as defined below, shall be maintained by the owner of the property served. That portion of the building sewer which lies within the boundaries of the property served shall be constructed by the property owner.
Building sewer lateral means a pipe laid incidental to the original construction of a sewer from that sewer to some point at the side of the street, highway or similar location, and there capped, having been provided and intended for extension and for use at some time thereafter as a part of a building sewer. When a building sewer lateral has been connected with and extended for the purpose of installing a building sewer, the lateral shall become and thereafter be a part of such building sewer, to be maintained as provided for building sewer. Sewers constructed prior to 1951, where building sewer laterals were installed at the owners expense, shall continue to be installed at the expense of the owner. The city will assume responsibility for repair of a broken or cracked sewer lateral between the curb line and the sewer main or for any blockage caused by a city tree. This provision shall not prevent the city from holding any third parties liable for damages to a sewer lateral.
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. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
Categorical standards means the national categorical pretreatment standard.
Chlorine demand means the amount of chlorine expressed in parts per million by weight that is required to produce a residual of 0.1 parts per million of chlorine after 15 minutes contact of chlorine with sewage.
Composite sample means a collection of grab samples taken at equal intervals and combined proportional to flow, or a sample continuously collected proportionally to flow, or a collection of grab samples of equal volumes taken at specific time intervals.
Contractor means an individual, a partnership or a corporation and the proper agents and representatives thereof, approved by the director and to whom the director shall have issued a license to install and repair sewers, during the period when such license is valid.
Control authority means the superintendent of the POTW of the city, or his designee.
Department of environmental management or DEM mean the state department of environmental management, or, where appropriate, the term may also be used as a designation for the DEM director or other duly authorized official of the agency.
Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state.
Director means the director of public works of the city, or his authorized deputy, agent or representative, such as superintendent of sewer division, plumbing inspector, etc.
Drainage field means a system of perforated pipe or open-joint drains laid in trenches backfilled with broken stone or screened gravel, into which the discharge from a septic tank or tanks flows.
Environmental Protection Agency or EPA mean the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of the agency.
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.
Floating solids means only those solids that float on top of the liquids, such as oil, grease, fats, etc.
Garbage means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
Garbage disposal unit means a mechanical device used for the grinding, shredding or macerating of any kind of material or waste preparatory to disposal thereof into the city's sanitary sewer system and intended for installation and service for such purpose in any kind of a building or structure other than that served by a private sewerage disposal system.
Grab sample means an individual sample collected over a period of time not exceeding 15 minutes.
Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
Indirect discharge or discharge means the introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the Act.
Industrial user means a source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to section 402 of the Act (33 U.S.C. 1342).
Industrial wastes means the liquid or wastewater carrying any quantity of oils, grease, fats, abrasives, chemicals, residues of manufacturing processes, waste from commercial food preserving or canning, or from slaughterhouses or meat processing plants, and similar substances, whether dissolved in suspension, or mechanically carried by water, as distinct from and not clearly included within other sewage definitions.
Instantaneous maximum allowable discharge limit means 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.
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 city's R.I.P.D.E.S. permit 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.
Leaching cesspool means a porous tank or vault made of loose laid stone, brick or concrete block, with open bottom, and with at least 12 inches of broken stone or screened gravel backfilled around the outside of the wall, into which flows the discharge from a dwelling or other building.
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.
National categorical pretreatment standard or pretreatment standard mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
National pollutant discharge elimination system or NPDES permit mean a permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).
National prohibitive discharge standard or prohibitive discharge standard mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) of the Act and 40 CFR, section 403.5.
Natural outlet means any outlet into a watercourse, pond, ditch or other body of surface water or groundwater.
New source means: (1)
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 with that section, provided that:
a.
The building, structures, facility, or installation is constructed at a site at which no other source is located;
b.
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c.
The production or wastewater generating processes of the 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.
(2)
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 subsection (1)b or c of this section but otherwise alters, replaces, or adds to existing process or production equipment.
(3)
Construction of a new source as defined under this subsection has commenced if the owner or operator has:
a.
Begun, or caused to begin, as part of a continuous onsite construction program:
1.
Any placement, assembly, or installation of facilities or equipment; or
2.
Significant site preparation work including cleaning, excavation removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment.
b.
Entered into a building 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 subsection.
Noncontact cooling water means water used for cooling that 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 city's R.I.P.D.E.S. permit, including an increase in the magnitude or duration of a violation.
Person means any individual, partnership, corporation, association, joint stock company, 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 ten) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, agricultural wastes and certain characteristics of wastewater; e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor.
Pollution means the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater.
Pretreatment or treatment mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR section 403.6(d).
Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
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 appears in section 17-159.
Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Property owner or owner of property or owner mean both the owner of fee in any real estate and also all tenants, lessees or others in control or possession and use of the property in question, or any interest therein, and any agents or representatives as the interest, duties, powers or liabilities of each may be.
Public sewer means the main line of pipe or conduit, owned, controlled and maintained by the city for the conveyance of waste or sewage from several properties, and shall not be understood to include building sewers or connections between the main sewer and individual properties, which building sewers are maintained by the owners of the properties using them.
Publicly owned treatment works (POTW) means a treatment works as defined by section 212 of the Act (33 U.S.C. 1292), which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purpose of this chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city, who are, by contract or agreement with the city, users of the city's POTW.
Relief sewer or auxiliary drain mean a sewer or storm drain constructed to supplement the capacity of an existing sewer or drain by conveying part of the wastes which would otherwise be discharged into and conveyed by the existing sewer or drain. The particular wastes to be conveyed by any such auxiliary sewer or drain, or relief sewer or drain, shall be determined by what wastes it was designed, laid out or intended to receive and convey as may appear in the records of the department of public works or other body under which it was created.
Rhode Island pollutant discharge elimination system permit or R.I.P.D.E.S. permit mean a permit issued pursuant to section 402 of the Act (33 U.S.C. 1342) and G.L. 1956, § 46-12-1 et seq.
Sanitary sewage means the common wastewater and water-carried wastes from human dwellings, and from toilet and lavatory fixtures, kitchens, laundries and similar facilities of business and industrial buildings.
Sanitary sewer means a sewer intended to convey only sanitary sewage, or, if so stipulated with respect to the particular sewer, sanitary sewage plus industrial or other wastes, but excluding stormwaters, surface waters and groundwaters.
Seepage or subsoil drainage mean water from soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes or from similar sources.
Septic tank means an approved type of watertight compartment made of concrete or approved equal, into which the outflowing sewage from dwellings or other buildings is discharged.
Sewage means wastewater, water-carried wastes, or a combination of them, from residences, business buildings, institutions and industrial establishments.
Sewage treatment plant means any arrangement of devices and structures used for treating sewage.
Sewage works means all public facilities for collecting, pumping, treating and disposing of sewage.
Sewer means the main pipe or conduit, manholes, and other structures and equipment appurtenant thereto, provided to carry sewage, industrial wastes, stormwater, cooling water or similar wastes, subject in each particular case to the purposes and limitations imposed upon the particular pipe or conduit.
Significant industrial user means any industrial user of the city's wastewater disposal system who, due to the amount of discharge flow or due to toxic pollutants in his waste, as defined pursuant to section 307 of the Act or statutes of the state, or by ordinances of the city, or by regulations as may be promulgated from time to time by the superintendent or by the U.S. Environmental Protection Agency (EPA), has significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
Significant industrial user means: (1)
A user subject to categorical pretreatment standards; or
(2)
A user that:
a.
Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
b.
Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c.
Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(3)
Upon a finding that a user meeting the criteria in subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city 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.
Significant user means all industrial users, and certain commercial users as may be determined by the city.
Slug load means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 17-159.
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.
Storm sewer or storm drain or drain mean a sewer provided and intended for the conveyance of stormwater with or without other clean wastewaters, as may be stipulated for any particular drain or sewer, but excluding sewage or polluted industrial wastes.
Stormwater means the runoff or discharge of rain and melted snow or other clean water from rooms, surfaces of public or private lands or elsewhere, and only such water which is sufficiently clean and unpolluted to admit of being discharged, without treatment or purification, into any natural open brook, rivulet or stream even if the source of such water is storm runoff once that runoff has entered the channel of such brook or natural watercourse; any flow occurring during or following any form of natural precipitation and resulting therefrom.
Superintendent means the person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provision of CWA 301(a) or other acts.
User means any person who contributes, causes or permits the contribution of wastewater into the city's POTW.
Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed or permitted to enter the POTW.
Wastewater contribution permit means that permit as set forth in subsection 17-166(b).
Watercourse means a channel into which a flow of water occurs, either continuously or intermittently.
Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
(Rev. Ords. 1987, § 17-76; Ch. 446, §§ I—III, 8-12-97; Ch. 892, § I—III, 8-29-23)
Cross reference— Definitions generally, § 1-2.
Sec. 17-77. - Abbreviations.#
The following abbreviations shall have the designated meanings: BOD—Biochemical oxygen demand.
BPT—Best practicable technology.
CFR—Code of Federal Regulations.
COD—Chemical oxygen demand.
DEM—Department of Environmental Management.
EPA—Environmental Protection Agency.
L—Liter.
mg—Milligrams.
mg/l—Milligrams per liter.
NPDES—National pollutant discharge elimination system.
O&M—Operations and management.
POTW—Publicly owned treatment works.
RCRA—Resource Conservation and Recovery Act
R.I.P.D.E.S.—Rhode Island Pollutant Discharge Elimination System.
SIC—Standard industrial classification.
SWDA—Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
TSS—Total suspended solids.
USC—United States Code.
(Rev. Ords. 1987, § 17-77; Ch. 446, §§ IV, V, 8-12-97)
Sec. 17-78. - Purposes of article.#
In order to ensure proper removal and disposal of sewage wastes and wastewaters within the city; to ensure the proper operation and maintenance of public sewers, drains, sewage treatment plants and other drainage or sewerage works within the city; and to provide for keeping adequate records of sewers, drains and appurtenances and connections thereto, the provisions in this chapter regulating the construction, use, repair, alteration and discontinuance or abandonment of sewers, drains and appurtenances and connections thereto, including drains and pipes discharging directly or indirectly into sewers or drains, and the substances to be discharged directly or indirectly into and through sewers, drains and appurtenances of the public sewer system and storm drainage system of the city are enacted by the city council as provided by the Charter of the city, including special acts approved by the state legislature and by the laws of the state.
(Rev. Ords. 1987, § 17-78)
Sec. 17-79. - Obstruction or leak in drain, waste pipe, etc.#
No person shall allow any injurious substance to pass into any drain or waste pipe or allow any drain, waste pipe or soil pipe to become obstructed or to leak. If such drain, waste pipe or soil pipe should become obstructed or should leak, the owner, agent, occupant or other person having charge of the premises on which such drain, waste pipe or soil pipe is situated shall find and remove such obstruction or leak.
(Rev. Ords. 1987, § 17-79)
Sec. 17-80. - Escape of sewer gas odors into cellar or building.#
If any sewer gas or foul odor shall escape from any drain, soil pipe, waste pipe or any fixture into any cellar or any part of an occupied building, the owner, agent or lessee of such cellar or building shall immediately find out and remedy whatsoever may cause such escape.
(Rev. Ords. 1987, § 17-80)
Sec. 17-81. - Garbage disposal units.#
(a)
No garbage disposal unit shall be installed without first having obtained a permit from the director of public works.
(b)
Any person desiring to install a garbage disposal unit shall first make application in writing to the director upon a form provided by him for that purpose, which application shall state the name and address of the applicant, the address of the premises in which such installation is desired, and a general description of the premises and the existing sewer system within the premises affected.
(c)
Upon the filing of such application, the director shall within a reasonable time cause the premises and their available sewer system to be inspected and surveyed and from the findings so obtained determine upon such change or alteration in such system, as in his opinion shall be necessary, before issuing an approval of the application. No such approval shall be issued in any instance where the capacity of the public sewer system within the particular sewer district shall be insufficient, or where the additional demand and service caused by the use of such garbage disposal unit shall be likely to impair the efficiency of such sewer system. A reasonable time in this case shall be considered to mean no more than two weeks from the date of application.
(Rev. Ords. 1987, § 17-81)
Cross reference— Garbage and refuse, ch. 6.
Sec. 17-82. - Damaging, tampering with, etc., equipment of public sewer system.#
No person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the public sewer system of the city.
(Rev. Ords. 1987, § 17-82)
Sec. 17-83. - Interpretation of article.#
The provisions of this article with respect to the meaning of technical terms and phrases, the classifications of different kinds or types of sewers, the restrictions as to what wastes may be discharged into sewers, the regulations with respect to making connections to sewers and other technical matters shall be interpreted and administered by the director of public works acting in and for the city.
(Rev. Ords. 1987, § 17-83)
Sec. 17-84. - Right of entry for purposes of inspection.#
Authorized personnel of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
(Rev. Ords. 1987, § 17-84)
Sec. 17-85. - Notice of violations; penalties; disconnection of sewer; liability for costs, expenses, etc., of violations.#
(a)
Any person found to be violating any provision of this article shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. A reasonable time limit shall be understood to be 30 days from the date of notice to correct. The 30-day correction period will not apply to violations affecting health and safety which could result in immediate termination of service or a shorter correction time period; or as described in section 17-167, enforcement of this article. The offender shall within the period of time stated in such notice, permanently cease all violations and take such action as is recommended or necessary to ensure there will be no recurrence of such violation. All such work in connection therewith shall be performed by the person without delay and without expense to the city.
(b)
Any person who shall continue any violation beyond the time limit provided for in this section shall be guilty of a misdemeanor. Each day in which such violation shall continue shall be deemed a separate offense for the purpose of applying the penalties in section 1-16. In addition, the director of public works may disconnect or otherwise act to prevent the building sewer from discharging to the public sewer system from the premises in which the violation of the requirements of this article shall have occurred.
(c)
Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation, so that if the director shall have caused the disconnection of a building sewer or drain from the public sewer system, the city may collect the cost of making such disconnection from any person responsible for, or wilfully concerned in, or who profited by such violation of the requirements of this article and may thereafter refuse to permit the restoration of the former connection or of any new connection to the property concerned in the violation of this article until the claim of the city for the cost of making such disconnection shall have been paid in full plus interest and the reasonable overhead of any legal expenses incurred by the city in connection therewith.
(Rev. Ords. 1987, § 17-85; Ch. 446, § VI, 8-12-97)
Sec. 17-86. - Swimming pools.#
The discharge of any water from a swimming pool to the sanitary sewer shall be prohibited.
(Rev. Ords. 1987, § 17-86)