Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. 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.
ACCESSIBLE: When applied to required pretreatment monitoring or treatment equipment, shall mean direct access without the necessity of removing any panel, door, vehicle, equipment, materials or other similar obstruction.
ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended, 33 USC section 1251 et seq.
ADDITIVE: Any material, in any physical form, put into a GRS or any drain lines or appurtenances discharging to a GRS intended in any way to modify the operation of the GRS.
ADMINISTRATIVE PENALTY (FINE): A punitive monetary charge unrelated to treatment cost, which is assessed by the superintendent rather than a court.
APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, city prohibitive standards, city specific pretreatment standards (local limits), state of Idaho pretreatment standards, or EPA's national pretreatment standards and categorical pretreatment standards (when effective), whichever standard is appropriate or most stringent.
APPROVAL AUTHORITY: Regional administrator of EPA region 10.
AUTHORIZED REPRESENTATIVE OF THE USER:
A. 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, 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 initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the 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.
B. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively;
C. 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 his/her designee.
D. The individuals described in subsections A through C of this definition 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.
AUTOMATIC GREASE REMOVAL SYSTEM (AGRS): AGRS that has provision to automatically remove separated FOG and/or settled solids from the tank and collect them for disposal.
BEST MANAGEMENT PRACTICES OR BMPs: Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 403.5(a)(1) and (b) of the act. BMPs also 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 (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees Celsius (20oC) usually expressed as a concentration (milligrams per liter [mg/l]).
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 307(b) and (c) of the act (33 USC 1317) which applies to a specific category of users and which appears in 40 CFR chapter I, subchapter N, parts 405 through 471.
CATEGORICAL USER: A user regulated by one of EPA's categorical pretreatment standards.
CITY: The city of Blackfoot, Idaho.
COLOR: The optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.
COMPOSITE SAMPLE: The sample resulting from the combination of individual or grab wastewater samples taken at selected intervals based on an increment of either flow or time, and taken from the same sampling point each time.
CONTROL AUTHORITY: Refers to:
A. The POTW if the POTW's pretreatment program submission has been approved in accordance with requirements of section 403.11 of the act; or
B. The approval authority if the submission has not been approved.
COOLING 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. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.
DOMESTIC USER (RESIDENTIAL USER): Any person who contributes, causes or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical makeup as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to one hundred (100) gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds of TSS per capita per day.
ENVIRONMENTAL PROTECTION AGENCY (EPA): The U.S. environmental protection agency or, where appropriate, the director of the region 10 office of water, or other duly authorized official of said agency.
EXISTING SOURCE: A categorical industrial user, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which would be applicable to such source if and when the standard is thereafter promulgated in accordance with section 307 of the act.
EXISTING USER: Any noncategorical user which was discharging wastewater prior to the effective date hereof.
FATS, OILS AND GREASE (FOG): Those components of wastewater amenable to measurement by the methods described in "Standard Methods For The Examination Of Water And Wastewater", latest approved edition, or other methods approved by 40 CFR section 136. For the purposes of this chapter, the term fats, oils and grease shall include polar fats, oils and grease, and other components extracted from wastewater by these methods, excluding the nonpolar fraction.
FOOD SERVICE ESTABLISHMENT (FSE): Any establishment, commercial or noncommercial, primarily engaged in the preparing, serving or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing more than two (2) days per week and that discharges to the POTW.
GRAB SAMPLE: A sample which is taken from a waste stream on a onetime basis without regard to the flow in the waste stream and without consideration of time. A grab sample is an individual sample collected over a period of time not exceeding fifteen (15) minutes.
GREASE, GREASES: See definition of Fats, Oils And Grease (FOG).
GREASE IMPACT AREA: Any area of the POTW collection system where grease deposits originating at FSEs and/or NFDs create maintenance requirements exceeding normal sewer maintenance. These areas will be delineated by the superintendent and updated as needed.
GREASE INTERCEPTOR, INTERCEPTOR, INTERCEPTOR STYLE GRS: Any relatively large inground or aboveground tank, generally of precast concrete, with internal plumbing and baffling intended to act as a GRS or AGRS to serve one or more fixtures and which shall be remotely located.
GREASE REMOVAL SYSTEM (GRS): Any device designed for, and intended for, separating, collecting and removing waterborne FOG and settleable solids prior to discharging to the POTW. This includes any AGRS.
GREASE TRAP, TRAP, TRAP STYLE GRS: Any relatively small appurtenance, generally of cast iron or fabricated steel, with internal configuration and internal or external flow control, intended to function as a GRS or AGRS.
HIGH STRENGTH WASTE: Any waters or wastewater having a concentration of BOD or total suspended solids in excess of two hundred fifty milligrams per liter (250 mg/l), or having a concentration of fats, oil and grease in excess of two hundred fifty milligrams per liter (250 mg/l).
INDIRECT DISCHARGE OR DISCHARGE: The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
INDUSTRIAL USER: A source of an indirect discharge.
INDUSTRIAL WASTE ACCEPTANCE PERMIT (IWA): An authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.
INTERFERENCE: A discharge which alone or in conjunction with a discharge or discharges from other sources, either: a) inhibits or disrupts the POTW, its treatment processes or operations; b) inhibits or disrupts its sludge processes, use or disposal; or c) is a cause of a violation of the city 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): section 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.
IPDES: Idaho Pollutant Discharge Elimination System.
LIQUID WASTE: The discharge from any fixture, appliance or appurtenance in connection with a plumbing system which does not receive fecal matter.
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.
MEDICAL WASTES: 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.
NEW SOURCE:
A. 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 categorical 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.
B. 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 subsection A2 or A3 of this definition, but otherwise alters, replaces or adds to existing process or production equipment.
C. Construction of a new source, as defined herein, has commenced if the owner or operator has:
1. Begun, or caused to begin as part of a continuous on site construction program:
a. Any placement, assembly or installation of facilities or equipment; or
b. 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 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.
NEW USER: A user that is not regulated under federal categorical pretreatment standards, but that applies to the city for a new building permit or occupies an existing building and plans to commence discharge of wastewater to the city collection system after the effective date hereof. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation.
NONDOMESTIC SOURCE: Any residential or commercial discharger which discharges or could potentially discharge nondomestic wastewater, and any industrial discharger.
NON-FSE FOG DISCHARGER (NFD): Any establishment, such as a church, synagogue, worship hall, banquet facility or meeting space, with a commercial style kitchen that is used for preparing, serving or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing two (2) days a week or less, and that discharges to the POTW.
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS): An industry classification system that groups establishments into industries based on the activities in which they are primarily engaged. It was developed by the U.S. office of management and budget and adopted in 1997.
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 NPDES permit (including an increase in the magnitude or duration of a violation).
PERMITTEE: A person or user issued an industrial waste acceptance permit.
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 or local governmental entities.
pH: A measure of the acidity or alkalinity of a substance, expressed in standard units.
POLLUTANT: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged 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 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 REQUIREMENT: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS: Prohibited discharge standards, categorical pretreatment standards, local limits, and/or BMPs established by the city/POTW.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances, which appear in section 9-4A-1 of this chapter.
PUBLICLY OWNED TREATMENT WORKS (POTW): A "treatment works", as defined by section 212 of the act (33 USC 1292) which is owned by the city. 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 which convey wastewater to a treatment plant. The term also means the city.
SEPTIC TANK WASTE: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SETTLEABLE SOLIDS: The solids that sinks to the bottom of water, wastewater or other liquid, and which is amenable to measurement by the methods described in standard methods for the examination of water and wastewater, latest approved edition or other methods approved by 40 CFR section 136.
SEWAGE: Human excrement and gray water (household showers, dishwashing operations, etc.).
SEWER: Any pipe, conduit ditch or other device used to collect and transport sewage from the generating source.
SHALL, MAY: "Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER:
A. A user subject to categorical pretreatment standards; or
B. 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 blow down wastewater); or
2. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
C. Upon a finding that a user meeting the criteria in subsection B of this definition has no reasonable potential for adversely affecting the POTW operation or for violating any applicable pretreatment standard or requirement, the city 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 section 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE: Means:
1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit, the average limit, or City of Blackfoot Maximum Allowable Discharge Limit for the same pollutant parameter;
2. Technical Review Criteria (TRC) violations, defined here as those in which thirty- three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit, the average limit, or City of Blackfoot’s Maximum Allowable Discharge Limit multiplied by the applicable TRC (TRC = 1.4 for COD, TSS, Total Nitrogen 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 city determines has caused, alone or in combination with other discharges, interference or pass-through, (including endangering the health of city WWTP 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 city’s exercise of emergency authority to halt or prevent such a discharge;
5. Failure to meet, within ninety (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 thirty (30) days after the due date, required reports, such as baseline monitoring reports, ninety (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 city determines will adversely affect the operation or implementation of city’s pretreatment program.
SLUG LOAD: Any discharge at a flow rate or concentration which could cause a violation of the discharge standards in sections 9-4A-1 through 9-4A-4 of this chapter, or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits, or permit conditions. The results of such activities shall be available to the approval authority upon request.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE: A classification pursuant to the standard industrial classification manual issued by the United States office of management and budget.
STORMWATER: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SUBSTANTIAL REMODEL: Any modification to an existing FSE or NFD kitchen that involves changes to fifty percent (50%) or more of the floor area of the kitchen.
SUPERINTENDENT: 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.
TOTAL 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.
TREATMENT PLANT EFFLUENT: The discharge from the POTW into waters of the United States.
USER OR INDUSTRIAL USER: A source of indirect discharge. The source shall not include "domestic user (residential user)", as defined in this section.
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: That portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.
(Ord. 2078, 6-3-2008, eff. 6-3-2008; amd. Ord. 2188, 10-1-2019)