For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SHALL is mandatory; MAY is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
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.).
APPROVAL AUTHORITY. The Regional Administrator of the USEPA, or his or her designee.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER. The manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(1) If the industrial user is a corporation, AUTHORIZED REPRESENTATIVE shall mean:
(a) 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;
(b) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (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 industrial user is a partnership, or a sole proprietorship, an AUTHORIZED REPRESENTATIVE shall mean a general partner or proprietor, respectively;
(3) If the industrial user is a federal, state or local governmental facility, an AUTHORIZED REPRESENTATIVE shall mean a director or highest official appointed or designated to oversee the operation and performance of the government facility, or his or her designee;
(4) The individuals described in divisions (1) through (3) 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 the city.
(5) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the district prior to or together with any reports to be signed by an authorized representative.
BEST MANAGEMENT PRACTICES (BMP). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 2.1A and B (40 C.F.R. 403.5(a)(1) and (b)). BMPs 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. BMPs also include alternative means (i.e. management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20°C expressed in terms of mass and concentration (milligrams per liter (mg/1)).
CATEGORICAL INDUSTRIAL USER (CIU). An industry that performs activities regulated by one or more of the federal regulations found in Title 40 Code of Federal Regulations (40 C.F.R.) Parts 400-424 and 425-699.
CARBONACEOUS OXYGEN DEMAND (COD). A method defined test measured by the depletion of dissolved oxygen by biological organisms in a body of water in which the contribution from nitrogenous bacteria has been suppressed.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear in 40 C.F.R. Ch. 1, Subch. N, parts 405 through 471.
CITY. The City of Belleville or the City Council of Belleville.
COLOR. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.
COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
CONTROL AUTHORITY. The City of Belleville.
DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar year.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar year. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DIRECTOR. The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter or his or her duly authorized representative.
ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.
GRAB SAMPLE. A sample which is taken from a waste stream on a one time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
INDIRECT DISCHARGE ox DISCHARGE. The introduction of (non-domestic) pollutants into the POTW from any non-domestic source regulated under § 307(b), (c) or (d) of the Act.
INDUSTRIAL USER or USER. A source of indirect discharge.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources:
(1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
(2) Therefore, is a cause of a violation of the city's NPDES 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 more stringent state or local regulations): § 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
LOCAL LIMITS. Specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in C.F.R. 403.5(a)(1) and (b).
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
MONTHLY AVERAGE. The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
MONTHLY AVERAGE LIMIT. The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
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 § 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:
(a) The building, structure, 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 of 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 divisions (1)(b) or (1)(c) above, but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE, as defined hereunder, has commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous on-site 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 building, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.
(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 definition.
NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER. An industrial user that 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 meets the following conditions:
(1) The industrial user, prior to Belleville's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(2) The industrial user annually submits the certification statement required by 40 C.F.R. 430.12(q), together with any additional information necessary to support the certification statement; and
(3) The industrial user never discharges any untreated concentrated wastewater.
NPDES PERMIT. Any permit or equivalent document or requirements issued by the Administrator or other appropriate authority, or where appropriate by the Director, after enactment of the Federal Water Pollution Control Amendments of 1972, being 33 U.S.C. §§ 1251 et seq., to regulate the discharge of pollutants pursuant to § 402 of the Act.
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 the city's NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, government entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, municipal waste, filter backwash, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, agricultural and industrial wastes and the characteristics of the wastewater (i.e.. pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor).
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the 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.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
PRETREATMENT STANDARDS. Prohibitive discharge standards, categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 51.020.
PUBLICLY-OWNED TREATMENT WORKS (POTW). A “treatment works”, as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned by the state or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
REGIONAL ADMINISTRATOR. The Regional Administrator of Region 5 of the U.S. Environmental Protection Agency is the pretreatment approval authority in a non-approved state such as Illinois.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations and the like).
SIGNIFICANT INDUSTRIAL USER. Applies to:
(1) Industrial users subject to categorical pretreatment standards; and
(2) Any other industrial user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater;
(b) Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
(c) Is designated as significant by the city 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.
SIGNIFICANT NON-COMPLIANCE. An industrial user is in significant non-compliance if its violation meets one of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements for same pollutant parameter taken during a six-month period equal or exceed (by any magnitude); a numeric pretreatment standard or requirement including instantaneous limits.
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of a numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants, except pH);
(3) Any other violation of a pretreatment standard or requirement (daily maximum or longer-term average, instantaneous limits or narrative standard) that the Director determines has caused, alone or in conjunction with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Director's exercise of its emergency authority to halt or prevent such a discharge under § 51.146;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in the industrial user's industrial wastewater discharge permit or in a compliance order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7) Failure to accurately report non-compliance; and/or
(8) Any other violation (which may include a violation of best management practices) or group of violations which the Director determines will adversely affect the operation or implementation of the industrial pretreatment program.
SLUG LOAD. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge (which has a reasonable potential to cause interference or pass through or in any way violate the POTW's regulations, local limits or permit conditions) standards in § 51.020 or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt.
SUSPENDED SOLIDS. 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.
TOXIC POLLUTANT. One of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of § 307 (33 U.S.C. § 1317) of the Act.
TREATMENT PLANT EFFLUENT. Any discharge of pollutants from the POTW into waters of the state.
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.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. The portion of the POTW designed to provide treatment of sewage and industrial waste.
WATERS OF THE STATE OF ILLINOIS. Includes: All accumulations of water, surface and ground, natural, and artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon the State of Illinois.
(1960 Code, § 38-14-3) (Ord. 5677, passed 12-16-1996; Am. Ord. 8173-2018, passed 2-21-2018)