The WRBP shall publish annually, in a newspaper of general circulation within the jurisdictions served by the POTW, a list of SIUs that, during the previous 12 months, were in significant noncompliance (SNC) with applicable pretreatment standards and requirements.

1. (a) The individual who has full responsibility for the daily operation of a wastewater treatment plant or a pollution control facility;
2. (b) The individual normally responsible for the operations shift; or

3. (c) Individuals who perform important operating functions.

   VIII. “Other wastes” means 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 substance harmful to human, animal, fish or aquatic life.

   IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

   IX-a. “Septage” means material removed from septic tanks, cesspools, holding tanks, or other sewage treatment storage units, excluding sewage sludge from public treatment works and industrial waste and any other sludge.

   X. “Sewage” means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.

   XVI-a. “Wastewater treatment plant” means 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.

   XVII. “Bypass” means the intentional diversion of waste streams from any portion of the wastewater facilities.

   XVIII. “Upset” means 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.

   RSA 125-N:2:

   VIII. “Medical/infectious waste” means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Medical/infectious waste does not include any hazardous waste regulated under RSA 147-A.

   Appendix C: Federal Definitions

   40 CFR 122.2:

   Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

4. (a) Sewage from vessels; or

5. (b) Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if the State determines that the injection or disposal will not result in the degradation of ground or surface water resources.

   Note:

   Radioactive materials covered by the Atomic Energy Act are those encompassed in its definition of source, byproduct, or special nuclear materials. Examples of materials not covered include radium and accelerator-produced isotopes. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1 (1976).

   40 CFR 403.3:

6. (v) Significant Industrial User.

7. (1) Except as provided in paragraphs (v)(2) and (v)(3) of this section, the term Significant Industrial User means:

   1. (i) All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and
   2. (ii) 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 waste stream 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 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 (in accordance with 40 CFR 403.8(f)(6)).

8. (2) The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under § 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:

   1. (i) The Industrial User, prior to the Control Authority's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;
   2. (ii) The Industrial User annually submits the certification statement required in § 403.12(q) together with any additional information necessary to support the certification statement; and
   3. (iii) The Industrial User never discharges any untreated concentrated wastewater.

9. (3) Upon a finding that an Industrial User meeting the criteria in paragraph (v)(1)(ii) of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standards 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, and in accordance with 40 CFR 403.8(f)(6), determine that such Industrial User is not a Significant Industrial User.

   Appendix D: Incorporation by Reference Information

   Rule

   Title (Date)

   Obtain at:

   Env-Wq 1205.03(e)

   “Gravity Sanitary Sewer Design and Construction”, Manual of Practice No. FD-5, Second Edition, 2007, published by the American Society of Civil Engineers (ASCE) and the Water Environment Federation (WEF)

   Water Environment Federation

   601 Wythe Street

   Alexandria, VA 22314-1994

   Phone: 1-800-666-0206

   Or online at: https://www.techstreet.com/standards/asce-manual-of-practice-no-60-wef-manual-of-practice-no-fd-5?product_id=1377545

   $100.00

Source. #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1208.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

Appendix A: State And Federal Statutes Implemented

Rule

Statute Rule is Intended to Implement

Federal Regulations Implemented

Env-Wq 1200 (also see parts and sections listed below)

RSA 485-A:45-54; RSA 149-I

Env-Wq 1201

RSA 485-A:45-54

40 CFR 403.1

Env-Wq 1202

RSA 485-A:45-54

40 CFR 403.3

Env-Wq 1203.01 – 1203.02

RSA 147:8; RSA 149-I:6;

RSA 485-A:45-54

Env-Wq 1203.03 – 1203.14

RSA 485-A:5; RSA 149-I:6;

RSA 485-A:45-54

40 CFR 403.5

Env-Wq 1204.01 – 1204.03

RSA 485-A:5; RSA 149-I:6;

RSA 485-A:45-54

Env-Wq 1204.04

RSA 149-I:10; RSA 485-A:51

Env-Wq 1204.05 – 1204.11

RSA 485-A:50; RSA 149-I:7;

RSA 149-I:8

Env-Wq 1205

RSA 147:8; RSA 149-I:6;

RSA 485-A:45-54

40 CFR 403.8

40 CFR 403.12

Env-Wq 1206

RSA 147:8; RSA 149-I:6;

RSA 485-A:45-54

Env-Wq 1207

RSA 485-A:54

Env-Wq 1208

RSA 485-A:54

40 CFR 403.12

Appendix B: Statutory Definitions

RSA 485-A:2:

VI. “Industrial waste” means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources.

VII-a. “Operator” means: