For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any terms not defined herein, but defined in § 52.01, shall have the same meaning therein.
ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC §§ 1251 et seq.
BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 51.15 and 51.16 [40 CFR 403.(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 materials storage.
BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory
procedures for five days at 20º C., usually expressed as a concentration (for example, mg/1).
BOARD. The Board of Public Works and Safety of the City of Berne, Indiana, or any duly authorized officials or boards acting in its behalf.
BUILDING (or HOUSE) DRAIN. The lowest horizontal piping of a building drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building, and conveys it to a point approximately five feet outside the foundation wall of the building.
BUILDING DRAIN - SANITARY. A building drain which conveys sanitary or industrial sewage only.
BUILDING DRAIN - STORM. A building drain which conveys storm water or other clean water drainage, but no wastewater.
BUILDING LATERAL SEWER. The extension from the building drain to the sewerage system or other place of disposal.
BUILDING SEWER - SANITARY. A building sewer which conveys sanitary or industrial sewage only.
BUILDING SEWER - STORM. A building sewer which conveys storm water or other clean water drainage, but no wastewater.
COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
CONTROL AUTHORITY. The Commissioner of the Indiana Department of Environmental Management.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. 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 a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
EASEMENT. An acquired legal right for the specific use of land owned by others.
IDEM. The Indiana Department of Environmental Management.
INDIRECT DISCHARGER. A non-domestic discharger introducing pollutants into a POTW, regardless of whether the discharger is within the governmental jurisdiction of the permittee.
INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment and resulting from any trade or process carried on in the industrial establishment including wastes from pretreatment facilities and polluted cooling water.
INDUSTRIAL USER. An indirect discharger.
INFILTRATION. The water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls, and which is distinguished from inflow.
INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW. The water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leader, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage.
INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources:
(1) Inhibits or disrupts the treatment processes or operations, sludge processes, or selected sludge use or disposal methods of a POTW;
(2) The inhibition or disruption under division (1) of this definition must:
(a) Cause a violation of a requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation; or
(b) Prevent the use of the POTW’s sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations, or permits issued thereunder or more stringent state or local regulations:
1. Section 405 of the Clean Water Act (33 USC 1345);
2. The Solid Waste Disposal Act (SWDA) (42 USC 6901), including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and the rules contained in a state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 USC 6941);
3. The Clean Air Act (42 USC 7401); and
4. The Toxic Substances Control Act (15 USC 2601).
MAY. Is permissive.
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.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
NONCONTACT COOLING WATER. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
NORMAL DOMESTIC SEWAGE.
(1) For the purpose of determining surcharges, wastewater or sewage having an average daily concentration as follows:
(a) Ammonia not more than 20 mg/l;
(b) TSS not more than 200 mg/l;
(c) BOD not more than 200 mg/l; or
(d) Phosphorus not more than 15 mg/l.
(2) As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from industrial processes.
NPDES PERMIT. National Pollutant Discharge Elimination System Permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of Public Law 95-217.
PASS THROUGH. A discharge proceeding through a POTW into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
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, such as, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor.
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.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on a user, including applicable local limits.
PRETREATMENT STANDARDS. State pretreatment standards as established in 327 IAC 5-18-8; pretreatment standards for prohibited discharges, as established in 327 IAC 5-18-2; national categorical pretreatment standards incorporated by reference in 327 IAC 5-18-10; and local limits as identified herein.
PRIVATE SEWER. A sewer which is not owned by the public authority.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances.
PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:
(1) COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
(2) FORCE MAIN. A pipe in which wastewater is carried under pressure.
(3) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
(4) PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works owned by the state or a municipality, except that it does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes. The term also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. POTW also means the municipality that has jurisdiction over the indirect discharges to and the discharges from such treatment works.
SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilet and other sanitary pumping facilities.
SANITARY SEWER. A sewer which carries sanitary and industrial wastes, and to which storm, surface and ground water are not intentionally admitted.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations, and the like).
SEWER. A pipe or conduit for carrying sewage.
SHALL. Is mandatory.
SIGNIFICANT INDUSTRIAL USER. Industrial users subject to categorical pretreatment standards under 327 IAC 5-18-110. An industrial user that:
(1) Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater) to the POTW;
(2) Contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(3)
Is designated as a significant industrial user by the control authority on the basis that the industrial user has a reasonable potential to:
(a) Adversely affect the POTW’s operation;
(b) Violate a pretreatment standard; or
(c) Violate a requirement of 327 IAC 5-19-3.
The control authority may, on its own initiative or in response to a petition received from an industrial user or a POTW and in accordance with 327 IAC 5-19-3(6), determine that an industrial user is not a significant industrial user if it does not meet Part III.A.9.b.(3) of this permit.
SIGNIFICANT NONCOMPLIANCE. Includes any of the following violations:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined by § 51.16;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including daily maximum limits, as defined by § 51.16, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease, 1.2 for all other pollutants except pH);
(3) Any other discharge violation of a pretreatment standard or requirement as defined by § 51.16 (daily maximum, long-term average, or narrative standard) that the Workforce Manager believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City Council’s exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include best management practices (BMPs), that the City Council, upon recommendation of the Workforce Manager, determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD or SLUG. Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in § 51.01.
STORM SEWER. A sewer conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.
STORM WATER. Water resulting from rain, melting or melted snow, hail, or sleet.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
USER OF INDUSTRIAL USER. A source of indirect discharge.
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. Water in which sewage has been discharged.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.
WATERCOURSE. A natural or artificial channel for the passage of water, either continuously or intermittently.
WORKFORCE MANAGER. 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 a duly authorized representative.
(Ord. 500, passed 6-9-01; Am. Ord. 506, passed 9-24-01; Am. Ord. 681, passed 8-22-16; Am. Ord. 716, passed 5-13-19)