For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
   APPROVAL AUTHORITY. Administrator of the EPA or the state director, when the state has an approved pretreatment program.
   AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial user may be:
      (1)   A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, any other person who performs similar policy- or decision-making functions for the corporation or 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 million in second quarter 1980 dollars, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
      (2)   A general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively; or
      (3)   A duly authorized representative of the individual designated above if the authorization is made in writing by the individual described herein; the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, well field superintendent, a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and the written authorization is submitted to the city.
   BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under approved laboratory procedures, as specified in 40 CFR 136, five days at 20°C, expressed in terms of weight and concentration (milligrams per liter (mg/l)).
   BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
   BYPASS. The intentional diversion of waste- streams from any portion of an industrial user's treatment facility.
   CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or pretreatment standard, as specified in Title 40 CFR, Protection of the Environment.
   CITY. The City of Bethany, Oklahoma, or the City Manager, Mayor and Council of the city.
   COLLECTOR LINE. The sanitary sewerage line that receives the sewage effluent from the individual residences/businesses via lateral lines.
   COMPOSITE SAMPLE. A combination of individual samples obtained at regular intervals over a specified time period. The volume of each individual sample may be either proportional to the flow rate during the sample period (flow proportional composite) or constant and collected at equal time intervals during the composite period.
   CONTROL AUTHORITY. The “approval authority,” defined hereinabove, or the plant manager when the city has an approved pretreatment program under the provisions of 40 CFR 403.11.
   CONVENTIONAL POLLUTANT. As defined by federal law, these include, BOD, TSS, fecal coliform bacteria, oil and grease and pH.
   COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
   DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
   DOMESTIC WASTEWATER. Wastewater that is generated by a family residence, apartment, dwelling unit or other user containing contributions from only sanitary facilities.
   ENVIRONMENTAL PROTECTION AGENCY or EPA. 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.
   GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   GRAB SAMPLE. A sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and without consideration of time.
   HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, trailers, septic tanks and vacuum-pump tank trucks.
   INDIRECT DISCHARGE. The introduction of pollutants from any non-domestic source regulated under Section 307(b) or (c) or (d) of the Act, including holding tank waste discharged into the system.
   INDUSTRIAL USER. A source of indirect discharge.
   INTERCEPTOR OUTFALL SEWER. A sewer that receives wastewater from a collecting system or from a treatment plant and carries it to a point of final discharge. The size of these lines is generally greater than 18 inches in diameter.
   INTERFERENCE. The inhibition or disruption of the municipal wastewater treatment processes or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act, 33 USC 1345, or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria applicable to the method of disposal or use employed by the municipal wastewater treatment system.
   LATERAL. The sanitary sewerage line running from the property line, where it is hooked to the service line from the individual residence/business, to the sanitary sewerage collector line.
   MAY. The act referred to is permissive.
   NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, 33 USC 1347, which applies to a specific category of industrial users.
   NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
   NEW SOURCE. Any building, structure, facility or installation from which there 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 the source if the standards are thereafter promulgated in accordance with that section, provided that the building, structure, facility or installation is constructed at a site at which no other source is located, the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source or 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.
   NON-CONVENTIONAL POLLUTANT. All pollutants which are not included in the list of conventional or toxic pollutants in 40 CFR 401.
   NON-DOMESTIC SOURCE. Any source of discharge of wastewater from any facility other than a residential unit.
   NPDES or NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into navigable waters, the contiguous zone and the oceans, pursuant to Section 402 of the Federal Water Pollution Control Act, as amended.
   PASS THROUGH. A discharge which exits the POTW into the waters of the state 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 POTW's NPDES permit, including an increase in the magnitude or duration of a violation.
      (1)   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.
      (2)   The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
   pH. The logarithm (base 10) of the reciprocal of the concentration of the hydrogen ions measured in grams per liter of solution and expressed in standard units (SU).
   PLANT MANAGER. The person designated by the Bethany-Warr Acres Public Works Authority to supervise the operation of the publicly-owned treatment works and who is charged with certain duties and responsibilities hereby, or the Pretreatment Coordinator of the Bethany-Warr Acres Public Works Authority.
   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
   POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
   POTW TREATMENT PLANT. The portion of the POTW designed to provide treatment to wastewater.
   PRETREATMENT or TREATMENT. 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 discharging or otherwise introducing the pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 CFR 403.6(d).
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
   PUBLIC SEWER. A sewer controlled or maintained by the city.
   PUBLIC WORKS AUTHORITY. The Bethany- Warr Acres Public Works Authority.
   PUBLICLY-OWNED TREATMENT WORKS. A treatment works, as defined by Section 212 of the Act, 33 USC 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 purposes 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. The term also means the municipality which has jurisdiction over the indirect discharges from a treatment works.
   SERVICE AREA. Any area serviced by the Bethany-Warr Acres publicly-owned treatment works including, but not limited to those areas the city holds easements for the service.
   SERVICE LINE. The sanitary sewerage line running from the individual residence/business to the lateral at the property line, or other place of disposal.
   SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which cause them to be 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.
   SHALL. The act referred to is mandatory.
      (1)   Any industrial user of the city's wastewater disposal system who is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N;
      (2)   Has a discharge flow of 25,000 gallons or more per average work day of process wastewater to the POTW, excluding sanitary, noncontact cooling and boiler blowdown wastewater, or contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;
      (3)   Is designated as such by the control authority, as defined in 40 CFR 403.12(a), on the basis that the industrial user has 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) or amendments thereto; and
      (4)   Upon finding that an industrial user meeting the criteria herein 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 it's 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 the industrial user is not a SIGNIFICANT INDUSTRIAL USER.
   SIGNIFICANT NONCOMPLIANCE. An industrial user will be considered in significant noncompliance if its discharge meets one or more of the following criteria. (40 CFR 403.8(f)(2)(vii))
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant, parameter;
      (2)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of all measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average 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 effluent limit, daily maximum or longer-term average, that the control authority determines 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 a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B), to halt or prevent a discharge;
      (5)   Failure to meet, within 90 days after schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement 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 noncompliance; or
      (8)   Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
   SLUG. Any discharge of a non-routine episodic nature, including but not limited to an accidental spill or non-customary batch discharge or any discharge violating the specific prohibitions under 40 CFR 403.5(b).
   STANDARD INDUSTRIAL CLASSIFICATION or SIC. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
   STATE. The State of Oklahoma.
   STORM SEWER or STORM DRAIN. A pipe or conduit which carries storm and surface waters and drainage, but excludes sewage and industrial wastes; it may, however, carry cooling waters and unpolluted waters, upon approval of the plant manager.
   STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   SUSPENDED SOLIDS. 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 by approved procedures according to 40 CFR 136.
   TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.
   TRUNK LINE. The sanitary sewerage line that receives the sewage effluent from the various collector lines.
   USER. Any person who contributes, causes or permits the contribution of wastewater into the city's POTW.
   WASTEWATER. 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 into or permitted to enter the POTW.
   WASTEWATER DISCHARGE PERMIT. A control document issued by the plant manager authorizing the conditional discharge of certain non-domestic pollutants into the city's POTW system as specified herein.
   WATERS OF THE STATE. All streams, lakes and 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.
(Prior Code, § 17-402) (Ord. 1505, passed 7-6-93)