For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ACT” or “THE ACT.” 33 U.S.C. §§ 1251 et seq. (1972); The Clean Water Act (CWA), as amended, establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.
“AMMONIA (or NH3-N).” Ammonia measured as nitrogen. (The laboratory determinations shall be made in accordance with procedures set forth in the latest edition of 40 C.F.R. Part 136.3.)
“APPLICABLE PRETREATMENT STANDARD.” Any pretreatment limit or prohibitive standard (federal, state and/or local) contained in this chapter and considered to be most restrictive with which non-domestic users will be required to comply.
“APPROVAL AUTHORITY.” The U.S. Environmental Protection Agency (EPA), Region 5.
“AUTHORIZED REPRESENTATIVE OF THE USER.”
(1) If the user is a corporation:
(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; or
(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 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 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 Superintendent.
“AVERAGE MONTHLY DISCHARGE LIMITATION.” 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.
“AVERAGE WEEKLY DISCHARGE LIMITATION.” The highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
“BENEFICIAL USES.” These uses include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by state or federal law.
“BEST MANAGEMENT PRACTICES (BMPs).” The following measures to prevent or reduce the pollution of local, state and federal waters. BMPs may be employed, for example, to control plant site runoff; spills, leaks and slug discharges; sludge or waste disposal; or drainage from raw materials storage areas resulting from manufacturing; commercial; mining or silviculture activities.
(1) Schedule of activities;
(2) Prohibition of a specific practice;
(3) Treatment requirements;
(4) Operation and maintenance procedures;
(5) Use of containment facilities; and
(6) Other practices as approved by the Approval Authority.
“BIOCHEMICAL OXYGEN DEMAND (BOD).” The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20 degrees Centigrade, usually expressed as a concentration (e.g., mg/l). (The BOD measurement may be specified as “CBOD” or “TBOD.” The laboratory determinations shall be made in accordance with procedures set forth in the latest edition of 40 C.F.R. Part 136.3.)
“BOARD.” The Board of Public Works and Safety of the City of Butler, Indiana, or any duly authorized officials or boards acting in its behalf.
“BUILDING DRAIN - STORM.” A building drain which conveys storm water or other clean water draining, but not wastewater.
“BUILDING (OR HOUSE) DRAIN.” The lowest horizontal piping of 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 SEWER (OR DRAIN) - SANITARY.” A building drain which conveys sanitary or industrial sewage only.
“BUILDING SEWER (LATERAL).” A pipe which is connected to the building (or house) drain at a point approximately five feet outside the foundation wall of the building and which conveys the building’s discharge from that point to the public sewer, to a septic tank or other place of disposal.
“CATEGORICAL PRETREATMENT STANDARDS (CATEGORICAL STANDARDS).” Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with §§ 307(b) and (c) of the Clean Water Act which apply to a specific category of users and which appear in 40 C.F.R. Ordinance I, Subordinance N, Parts 405-471.
“CHEMICAL OXYGEN DEMAND.” A measure of the oxygen equivalent of that portion of organic matter in wastewater that is susceptible to oxidation by a strong chemical oxidant, (as determined by approved the EPA or “Standard Methods”).
“CITY.” The City of Butler, DeKalb County, Indiana.
“CITY COUNCIL.” The Common Council of the City of Butler, DeKalb County, Indiana, or any duly authorized official acting on its behalf.
“COMBINED SEWER.” A sewer pipe intended to receive sanitary, commercial and industrial wastewaters as well as stormwater from storm events.
“COMMERCIAL WASTES.” The liquid or water-carried wastes from commercial establishments or those concerns engaged in buying, selling, or exchanging goods or services.
“COMPATIBLE POLLUTANT.” Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus any additional pollutants identified in the POTW’s NPDES permit, where the POTW is designated to treat such pollutants and, in fact, does remove such pollutants to the degree required by the POTW’s NPDES permit or to a substantial degree. Substantial degree is not subject to precise definition but generally contemplates removals in the order of 85% or greater. Minor incidental removals in the order of 10% to 40% are not considered substantial. Except as prohibited herein or where these materials would interfere with the operation and performance of the POTW, examples of additional pollutants which may be considered compatible, depending on concentration, include: chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, ammonia, E-Coli, fats, oils and greases of animals or vegetable origin.
“COMPOSITE SAMPLE.” The sample resulting from the combination of individual samples taken at selected intervals based on the increment of flow or time. “COMPOSITE SAMPLES” shall contain a minimum of four discrete samples taken at equal tune intervals over the compositing period or proportional to the flow rate over the compositing period.
“CONTROL AUTHORITY.” The City of Butler’s Board of Public Works and Safety.
“CONTROL MANHOLE.” A manhole required to be installed by the Board at facilities with industrial wastewater discharge permits issued by the City to allow the Superintendent or designated staff to observe and/or take samples of a discharge from the facility.
“COOLING WATER.” The water discharged from any use such as air conditioning, cooling, refrigeration, or to which the only pollutant added is heat.
“DAILY DISCHARGE.” Discharge measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.
“DAILY MAXIMUM.” The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
“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 discharge over the course of a 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.
“DEBT SERVICE COSTS.” The average annual principal and interest payments on all revenue bonds or other long-term capital debt.
“DIRECT DISCHARGE.” The discharge of treated or untreated wastewater directly to the waters of the State of Indiana.
“EASEMENT.” An acquired legal right for the specific use of land by others.
“EFFLUENT.” The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.
“ENVIRONMENTAL PROTECTION AGENCY (EPA).” The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of that agency.
“EXCESSIVE STRENGTH SURCHARGE.” An additional charge that is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.
“EXISTING SOURCE.” Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA 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.
“FECAL COLIFORM.” Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
“FLOATABLE OIL.” Oil, fat or grease in a physical state, such that will separate by gravity from sewage by treatment in a pretreatment facility approved by the city.
“GARBAGE.” The waste from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
“GRAB SAMPLE.” A sample that is taken from a waste stream on a one-time basis with no regard to the flow of the waste stream and without consideration of time.
“GROUND (SHREDDED) GARBAGE.” Garbage that has been shredded to such a degree that all particles will be carried freely in suspension under conditions normally prevailing in the sewage system, with no particle being greater than one-half inch in dimension.
“HOLDING TANK WASTE.” Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, grease interceptors and traps, and vacuum pump tank trucks.
“INCOMPATIBLE POLLUTANT.” Any pollutant that is not defined as a compatible pollutant including non-biodegradable dissolved solids.
“INDIRECT DISCHARGE.” The discharge or introduction of non-domestic pollutants into the POTW from any non-domestic source regulated under § 307(b), (c), or (d) of the Act.
“INDUSTRIAL WASTES.” Industrial wastes shall mean any solid, liquid, or gaseous substance or form of energy discharged, permitted to flow or escaping from an industrial, manufacturing, commercial, or business process or from the development, recovery, or processing of any natural resources carried on by any person, exclusive of sanitary sewage.
“INFILTRATION.” The water entering the sewer system, including building drains, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (Infiltration does not include and is distinguished from inflow.)
“INFLOW.” Water discharged and entering into the sewer system including building drams, from such sources such as but not limited to roof, down spouts, cellars, yard, area drains, foundation drains, unpolluted cooling water, drains from springs and swampy areas, and combined sewers, catch basins, stormwater run-off, street wash water and drainage. (“INFLOW” does not include, and is distinguishable from infiltration.)
“INFLOW/INFILTRATION (I/I).” The total quantity of water from both inflow and infiltration without distinguishing the source.
“INSPECTOR.” The person or persons duly authorized by the city through the Superintendent to inspect and approve the installation of building sewers, connections to the POTW and any pretreatment or treatment facilities that discharge into the POTW.
“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 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, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and 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 stalutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: § 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.
“LOCAL LIMIT.” Specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific prohibitions listed in 40 C.F.R. 403.5(a)(1) and (b).
“MAY.” Is permissive.
“MAXIMUM DAILY DISCHARGE LIMITATIONS.” The highest allowable daily discharge for a calendar day or specified 24-hour period.
“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 into a watercourse, pond, ditch, lake, or other body of surface or ground water.
“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 Clean Water 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 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 (1)(b) or (c) 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:
(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 buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(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.
“NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT.” A permit issued under the Clean Water Act’s National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to § 402 of PL 92-500.
“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.
“NORMAL DOMESTIC SEWAGE.”
(1) Wastewater or sewage having an average daily concentration as follows:
(a) TSS not more than 225 mg/l;
(b) CBOD5 not more than 200 mg/l;
(c) Ammonia-N not more than 20 mg/l;
(d) COD not more than 500 mg/l; and
(e) Phosphorous not more than 10 mg/l.
(2) As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences are distinct from industrial processes.
“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, firm, company, municipal or private corporation, association, society, institutions, enterprise, governmental agency or other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by context.
“pH.” A measure of the acidity or alkalinity of a substance, expressed as standard units (SUs). A pH value of 7.0 SUs is neutral, above 7.0 SUs is alkaline and below 7.0 SUs is acidic.
“PHOSPHORUS” or “P.” The chemical element phosphorus. (The laboratory determinations shall be made in accordance with procedures set forth in “STANDARD METHODS”).
“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, industrial wastes and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, TBOD, CBOD, COD, toxicity or odor) discharged or carried in water.
“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 imposed on a user, other than a pretreatment standard.
“PRETREATMENT STANDARDS.” Prohibited discharge standards, categorical pretreatment standards, and local limits.
“PRIVATE SEWER.” A sewer which is not owned by the City of Butler.
“PROHIBITED DISCHARGES.” A discharge that has an absolute prohibition against the discharge of certain substances.
“PUBLICLY OWNED TREATMENT WORKS (POTW).” A treatment works, as defined by § 212 of the Act which is owned and operated by the City of Butler. This definition includes any devices or systems used in the collection, pumping, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to the Butler wastewater treatment plant.
“PUBLIC SEWER.” A sewer that is owned and maintained by the city.
“SANITARY SEWAGE.” The liquid or water-carried waste discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, or institutions, and free from storm water, surface water, and industrial wastes.
“SANITARY SEWER.” A sewer or system of pipes for conveying sanitary, commercial and industrial wastewaters and into which stormwater and/or water from storm events are not intentionally admitted.
“SEPTAGE.” Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
“SEWAGE.” The combination of the liquid and water-carried wastes from residences, business buildings, institutions and industrial establishments singular or in any combination, together with such ground, surface, and storm waters as may be present.
“SEWAGE WORKS.” The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.
“SEWER.” A pipe or conduit or system of pipes and conduits for carrying sewage or other waste liquids.
“SHALL.” When used in this chapter means that an act or action is mandatory.
“SIGNIFICANT INDUSTRIAL USER (SIU).”
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blow-down wastewater);
(b) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) 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.
(3) Upon a finding that a user meeting the criteria in division (2) above 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 its own initiative or in response to a petition received from a user, and in accordance with the Act, determine that such user should not be considered a significant industrial user.
“SILVICULTURE.” The practice of controlling the establishment, growth, composition, health, and quality of forests to meet diverse needs and values.
“SLUG LOAD” or “SLUG DISCHARGE.” Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 52.011 of this chapter. A “SLUG DISCHARGE” is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary 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.
“STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE.” A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
“STANDARD METHODS.” The laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater prepared and published by the American Water Works Association, the Water Environmental Federal and the American Public Health Association.
“STATE.” State of Indiana.
“STORM SEWER.” A sewer or system of pipes for conveying surface water or ground water from any source and into which sanitary and/or industrial wastes are not intentionally admitted.
“STORMWATER.” Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
“SUPERINTENDENT.” The Wastewater Superintendent designated by the Mayor 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 (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 usually expressed as a concentration (e.g., mg/l). The laboratory determinations shall be made in accordance with procedures set forth in the latest edition of 40 C.F.R. Part 136.3.
“TOTAL TOXIC ORGANICS (TTOs).” Toxic organics, as defined and analytically measured by definition in the Federal Register.
“TOXIC AMOUNT.” Concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into an organism will cause adverse effects, such as cancer, genetic mutations, and physiological manifestations as defined in standards issued pursuant to § 307(a) of the Act.
“TOXIC POLLUTANT.” Those substances referred to in § 307(a) of the Act, as well as any other known potential substance capable of producing toxic effects.
“UNCONTAMINATED INDUSTRIAL WASTES.” Wastewater which has not come into contact with any substance used in or incidental to industrial processing operations, and to which no chemical or other substance has been added.
“UPSET.” An exceptional incident in which a discharger unintentionally and temporarily is in a state of non-compliance with applicable standards due lo factors beyond the reasonable control of the discharger, and excluding non-compliance to the extent caused by operator error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation of the facilities.
“USER.” Any person who contributes, causes, or permits the contribution of residential, commercial, industrial or any other type of wastewater into the city’s POTW. “USERS” may be classified as residential, commercial, industrial, governmental / institutional as may be appropriate to identify the type of wastewater that the user contributes to the wastewater system.
“WASTEWATER.” Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing 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 lo enter the POTW.
“WASTEWATER CONSTITUENTS AND CHARACTERISTICS.” The individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and other parameters that serve to define, classify or measure the quality, quantity and strength of wastewater.
“WASTEWATER TREATMENT PLANT (TREATMENT PLANT).” That portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.
“WATERCOURSE.” An open, natural channel in which a flow of water occurs either continuously or intermittently.
(Ord. 1476, passed 6-18-07; Am. Ord. 1531, passed 8-16-10; Am. Ord. 1639, passed 12-19-16; Am. Ord. 1751, passed 2-21-22)