SECTION 98-1 [GENERAL PROVISIONS]

(A) Purpose and Policy

This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works for Clayton County and enables Clayton County Water Authority to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The federally mandated objectives of this ordinance are:

  • To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;
  • To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works;
  • To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
  • To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;
  • To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and
  • To enable Clayton County Water Authority to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject.

This ordinance provides rules for regulating the use of public sewers and drains, sewer service charges, industrial waste surcharges, connection of building sewers, and the discharge of water and waste into the public sewer system(s). This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(B) Administration

Clayton County Water Authority shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon Clayton County Water Authority may be delegated to the Manager or to other Clayton County Water Authority personnel.

(C) Abbreviations

The following abbreviations, when used in this ordinance, shall have the designated meanings:

BOD - Biochemical Oxygen Demand
BMP - Best Management Practice
C - Celsius
CCWA - Clayton County Water Authority
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - U.S. Environmental Protection Agency
F - Fahrenheit
FSF - Food Service Facility
gpd - gallons per day
LAS - Land Application System
mg/l - milligrams per liter
NPDES - National Pollutant Discharge Elimination System
P2 - Pollution Prevention
PAH - Polynuclear Aromatic Hydrocarbons
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIC - Standard Industrial Classification
TSS - Total Suspended Solids
U.S.C. - United States Code

(D) Definitions

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated.

  1. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
  2. Approval Authority. The Director of the Georgia Environmental Protection Division
  3. Authorized Representative of the User.
    1. If the user is a corporation:
      1. The president, secretary, treasurer, or a 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
      2. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
    2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
    3. If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
    4. The individuals described in paragraphs (a) through (c), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to CCWA.
  4. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° C, usually expressed as a concentration (e.g., mg/l).
  5. Board. The members of the Clayton County Water Authority created and established under the Acts of 1955, pp. 3344, et seq., and particularly Section 4 thereof, said Board having jurisdiction over maintenance and operation of the water and sanitary sewer systems within Clayton County, Georgia.
  6. Board of Commissioners. The duly elected officials of the Clayton County Board of Commissioners.
  7. Building Drain. That part of the lowest horizontal piping of the 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, beginning five (5) feet outside the inner face of the building wall.
  8. Building Sewer. The extension from the building drain to the public sewer or other place of disposal, also called "house connection".
  9. Categorical Pretreatment Standard or Categorical Standard. 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.
  10. Chain-of-Custody. A written record of sample possession for all persons who handle (collect, transport, analyze, dispose of) a sample, including names, dates, times, and procedures followed.
  11. Clayton County Water Authority. The authority established under Georgia Laws 1955 pp. 3344 et. seq., which is responsible for the construction, operation and maintenance of the Clayton County Water and Wastewater Systems.
  12. Clayton County Wastewater System. The total wastewater treatment and collection system owned, operated, and maintained by the Clayton County Water Authority.
  13. Clayton County Water System. The total water treatment and distribution system owned, operated and maintained by the Clayton County Water Authority. Also the administrative framework that operates the facilities.
  14. Composite Sample. The accumulation of a number of individual samples over a period of time, so taken as to represent the nature of the wastewater.
  15. County. The county of Clayton or the Clayton County Board of Commissioners.
  16. Direct Discharge. The discharge of treated or untreated wastewater to the waters of the State of Georgia.
  17. Domestic Wastewater. That wastewater discharged into the wastewater system from domestic sources such as toilets, sinks, showers and bathtubs.
  18. Easement. An acquired legal right for the specific use of land owned by others including such meaning as given under all applicable federal and state rules, regulations and statutes (O.C.G.A. 44-9-1 et seq., as the same may be, from time to time, amended or replaced).
  19. Effluent. The treated flow discharged from a water pollution control facility.
  20. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
  21. Existing Source. 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.
  22. Flammable. Any material with a closed-cup flashpoint of less than 140 degrees F using the test methods described in 40 CFR 261.21.
  23. Floatable Oil and Grease. Oil, fat or grease in a physical state such that it will separate by flotation from wastewater by treatment in an approved facility or interceptor.
  24. Food Service Facility. Any facility, which cuts, cooks, bakes, prepares, or serves food, or disposes of food related wastes.
  25. Garbage. The animal and vegetable waste resulting from the domestic and commercial handling, preparation, cooking and serving of foods.
  26. Grinder. A device that shreds or grinds up solid or semisolid waste materials into smaller portions for discharge to the sanitary sewer.
  27. Grab Sample. A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
  28. Grease. A material composed primarily of fats, oils, and grease from animal or vegetable sources. The terms fats, oils, and grease shall be deemed as Grease by definition. Grease may also include petroleum-based products.
  29. Grit. Matter consisting of sand, gravel, cinders, or other heavy solid materials that have settling velocities or specific gravities greater than those of organic putrescible solids normally encountered in domestic wastewater.
  30. Hauler or Transporter. One who transfers waste from the site of the user to an approved site from disposal or treatment. The hauler is responsible for assuring that all Federal, State, and Local regulations are followed regarding transport.
  31. Health Officer. The director of the Clayton County Board of Health or other person designated by the Board of Commissioners and their duly appointed assistants.
  32. High-Strength Wastewater. Wastewater that contains quantities of specified constituents that exceed the quantities normally encountered in domestic wastewater.
  33. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act.
  34. Industrial Wastes. The wastewater or liquid waste, of whatever nature, arising out of any manufacturing, industrial processing, fabricating, treating, renovating, or other commercial trade or business operation as distinct from domestic or sanitary wastes. CCWA shall determine from time to time specific waste designated as "industrial waste" and such definitions shall be included herein.
  35. Industrial Waste Surcharge. The additional service charge assessed against industrial users in the county whose wastewater characteristics exceed established limits.
  36. Infiltration/Inflow. Groundwater and surface water which leaks into the wastewater system through cracked pipes, joints, manholes and other openings.
  37. Inflow. Water that flows into the wastewater system from the surface, streams, roof drains, downspouts or other such source.
  38. Influent. The wastewaters arriving at the water pollution control facility.
  39. Instantaneous Maximum Allowable discharge Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete sample collected, independent of the industrial flow rate and the duration of the sampling event.
  40. Interceptor or Separator or Trap. A device so constructed as to separate, trap and hold fats, oils, greases, sand, and grit substances from the wastewater discharged by a facility to prevent these substances from entering the sanitary sewer.
  41. Interference. 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 of its sludge processes, use or disposal; and therefore, is a cause of a violation of CCWA's NPDES or LAS permits or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under, 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.
  42. Manager. The General Manager of the Water and Wastewater systems of Clayton County, Georgia, appointed by the Board of the Clayton County Water Authority and authorized by the Board to fulfill the requirements of these Rules and to be responsible for the operations of the water and sewer systems, or duly authorized representative.
  43. Medical Waste. 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.
  44. Metered Water. The amount of water used by the system user as measured by a county water meter, or other approved metering device.
  45. Natural Outlet. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or any other body of surface or groundwater.
  46. New Source.
    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 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; 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 or wastewater generating processes of the building, 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 Section (a)(II) or (III) above but otherwise alters, replaces, or adds to existing process or production equipment.
    3. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
      1. 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 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 that is 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.
  47. Noncontact Cooling Water or Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
  48. On-Site Sewage Management System. A sewage management system other than a publicly owned treatment works (POTW) serving one or more buildings, mobile homes, recreational vehicles, residences, or other residential or non-residential facilities designed or used for human occupancy or congregation. Such term shall include, but not be limited to, conventional and chamber septic tank systems, privies, and experimental/alternative on-site management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the Health Officer.
  49. Pass Through. 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 CCWA's NPDES permit, including an increase in the magnitude or duration of a violation.
  50. Person. Any individual, partnership, copartnership, firm, company, 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.
  51. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
  52. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
  53. 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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
  54. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
  55. Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
  56. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 98-6 (A) of this ordinance.
  57. Publicly Owned Treatment Works or POTW. A "treatment works," as defined by Section 212 of the Act (33 U.S.C. §1292) which is owned by CCWA. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant.
  58. Sanitary Sewer. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions.
  59. Septic Tank Waste or Septage. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
  60. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).
  61. Sewer. A pipe or conduit that carries wastewater or drainage water.
  62. Significant Industrial User.
    1. A user subject to categorical pretreatment standards; or
    2. A user that:
      1. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
      2. Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
      3. Is designated as such by CCWA 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 (b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, CCWA 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.
  63. Slug Load or Slug. Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in Sec. 98-6 of this ordinance.
  64. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
  65. State. State of Georgia.
  66. Storm Drain. Sometimes termed storm sewer, drain or sewer conveying surface water, groundwater, subsurface water, or any unpolluted water from any source.
  67. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
  68. Surcharge. A separate charge by Clayton County Water Authority for the handling and treatment of high-strength wastewater.
  69. Suspended Solids or TSS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
  70. Total Kjehldahl Nitrogen or TKN. The sum of ammonia-nitrogen and organic- nitrogen concentrations.
  71. Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in the regulations promulgated by the EPA administrator under the provision of CWA 307 (1) or other acts.
  72. Under-sink or In-line Grease Interceptor. A device placed under or in close proximity to sinks or other facilities likely to discharge grease in an attempt to separate, trap, and hold oil and grease substances to prevent their discharge to the sanitary sewer.
  73. User or Industrial User. A source of indirect discharge.
  74. Waste or Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
  75. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.
  76. Watercourse. A natural or artificial channel for the passage of waters either continuously or intermittently.
  77. Waters of the State. 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.