Unless a provision explicitly states otherwise, the following terms, phrases, and abbreviations, as used in this article, shall have the meanings hereinafter designated.
(1) Words And Phrases:
ACT or CWA: | The Clean Water Act (33 U.S.C. §§ 1251 et seq.), as amended. |
APPLICABLE AGREEMENT STANDARDS or PRETREATMENT STANDARDS: | For any specified pollutant, "Caldwell Prohibitive Discharge Standards", "Caldwell Local Limits for Specific Pollutants", "State of Idaho Pretreatment Standards", or "National Categorical Pretreatment Standards" which ever standard is most stringent. |
APPROVAL AUTHORITY: | Idaho Department of Environmental Quality by and through the Idaho Pollutant Discharge Elimination System Program. |
AUTHORITY, CONTROL AUTHORITY: | The City of Caldwell, Idaho through the Caldwell City Council. |
AUTHORIZED REPRESENTATIVE OF THE USE: | 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 (1) 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 initiate and direct 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 designate. D. The individuals described in paragraphs A through C 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 of Caldwell. | |
BEST MANAGEMENT PRACTICES (BMPs): | Those schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in subsections 04-07-07(1) and 04-07-07(2). 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. 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 procedures for five (5) days at twenty degrees centigrade (20°C), 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 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405-471. |
CATEGORICAL USER: | An industrial user that uses a production process that generates a liquid waste stream regulated under the National Categorical Pretreatment Standards. |
CFR - Code of Federal Regulations: | Contains a codification of documents of general applicability and future effect, published by the office of the Federal Register, National Archives and Records Administration, as a Special Edition of the Federal Register. |
CITY: | The City of Caldwell, Idaho the City Council of Caldwell, Idaho, or a designated agent of the City. |
CITY OWNED TREATMENT WORKS, or POTW: | Includes any treatment works as defined by section 212 of the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. § 1292-2 [A] and [B]), which is owned and/or operated by the City. This definition includes any devices and systems owned and/or operated by the City used in the storage, treatment, recycling, and reclamation of sewage, of indirect discharge or discharge, and/or of industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to the City treatment plant. |
COLOR: | The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. |
COMMERCIAL USER: | Any industry or business that discharges less than twenty five thousand (25,000) gallons per day of process wastewater and in the opinion of the City does not have the potential to impact the POTW. Commercial users are typically restaurants, car washes, automotive repair shops, apartments, retail businesses, etc. |
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 Caldwell, Idaho, through the Caldwell City Council. |
COOLING WATER/ 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. 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. |
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 pollutant during a calendar 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. |
DAY: | As applied to discharge limits, such as, but not limited to, maximum daily, average daily, pounds per day, or daily discharge, a "day" is interpreted to be a contiguous twenty four (24) hour period which does not have to occur within a calendar day. |
DOMESTIC USER (RESIDENTIAL USER): | Any person who contributes, causes, or allows the contribution of wastewater into the Caldwell POTW that is of a similar volume and/or chemical make-up 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, and 0.17 pounds of TSS per capita. |
ENFORCEMENT RESPONSE PLAN: | That certain plan prepared by the Public Works Director, and adopted by the control authority (City Council) by resolution, which plan includes provisions for the appropriate enforcement response for user violations of the provisions of this article. |
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 said agency. |
EXISTING SOURCE: | For a categorical industrial user, an "existing source" is any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the Act. |
EXISTING USER: | For non-categorical users an "existing user" is defined as any user which is discharging wastewater prior to the effective date of this article. |
GRAB SAMPLE: | An individual sample collected over a period of time not exceeding fifteen (15) minutes. |
IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM (IPDES): | The program established by the State of Idaho to implement delegation of authority from the EPA for administration of the National Pollutant Discharge Elimination System in Idaho (Primacy). |
INDIRECT DISCHARGE OR DISCHARGE: | The introduction of pollutants into the POTW from any non-domestic 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: | See USER. |
INDUSTRIAL WASTEWATER DISCHARGE PERMIT: | 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 article. |
INSTANTANEOUS 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, either: A. Inhibits or disrupts the POTW, its treatment processes or operations; or |
B. Inhibits or disrupts its sludge processes, treatment, use or disposal; and C. Is a cause of a violation of the City's NPDES/IPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under (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. | |
MAXIMUM ALLOWABLE DISCHARGE LIMIT: | The maximum concentration (or loading) of a pollutant allowed to be discharged at any time by applicable standards, limits, or permit/special agreement limits, determined from the analysis of any grab or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. |
MAY: | The term "may" is permissive. |
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. |
NATIONAL PRETREATMENT STANDARDS OR STANDARDS: | Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. |
NEW SOURCE: | 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 section 307(c) of the Clean Water Act which will be applicable to such sources 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 waste water 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 existing source should be considered. |
D. 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 paragraphs (A)(2) or (A)(3) but otherwise alters, replaces, or adds to existing process or production equipment. E. 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 placement, assembly or installation of new source facilities or equipment; | |
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. | |
NEW USER: | A "new user" is not a "new-source" and is defined as a user that applies to the City for a new building permit or any person who occupies an existing building and plans to discharge wastewater to the City's collection system after the effective date of this article. Any person that buys an existing facility that is discharging non-domestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation. |
NPDES: | National Pollutant Discharge Elimination System permit program as administered by the US EPA (note that Primacy for administering this program now belongs to the State of Idaho under the Idaho Pollutant Discharge Elimination System (IPDES)). |
OTHER WASTES: | Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes. |
PASS THROUGH: | The occurrence of an indirect discharge which exits the Caldwell Wastewater Treatment Plant 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 requirements of the Caldwell IPDES permit (including an increase in the magnitude or duration of a violation). See also INTERFERENCE. |
PERMITTEE: | A person or user issued a wastewater discharge permit by the City of Caldwell pursuant to this article. |
PERSON: | Any individual, partnership, co-partnership, 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 (su). |
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). |
POTW/USE AND MANAGEMENT PLAN: | That certain plan prepared by the Public Works Director, and adopted by the authority (City Council) by resolution, which Plan includes provisions for present and expected use and demand of the POTW by any user, including a domestic user, and which plan shall include specifications for POTW management, maintenance and repair, and which specifications may, if appropriate, provide for a plan for POTW extension and expansion to meet expected use, and to provide the criteria for user permit and special agreement fees, all in accordance with the City's NPDES/IPDES permit, and which plan shall be revised not less than every five (5) years. |
PRETREATMENT: | The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise 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 COORDINATOR: | The person designated by the Public Works Director and Superintendent to manage the performance of the pretreatment program. |
PRETREATMENT PROGRAM: | The City's program for managing, permitting, monitoring, and enforcing controls and limitations on non-domestic discharges to the POTW. |
PRETREATMENT REQUIREMENT: | Any substantive or procedural requirement other than a National Pretreatment Standard, imposed on an industrial user. |
PRETREATMENT STANDARDS OR STANDARDS: | Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits. |
PRIMACY: | Delegation of authority to administer the NPDES program to the State of Idaho within the State of Idaho (See IPDES) |
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: | |
PUBLIC WORKS DIRECTOR: | The person designated by the City to supervise the operation of the Public Works Department and who is charged with certain duties and responsibilities by this article, or his/her duly authorized representative. |
PUBLICLY OWNED TREATMENT WORKS (POTW): | Treatment works as defined by section 212 of the Act, which is owned by a State or municipality (as defined by section 502(4) of the Clean Water Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. |
SEPTIC HAULER: | Any person or business engaged in the collection of domestic and/or industrial wastes and discharging collected wastes to the Caldwell Wastewater Treatment Plant. |
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 or storm water from the generating source. |
SHALL: | The term "Shall" is mandatory. |
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, non-contact cooling, and boiler blowdown wastewater); or 2. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic, organic, or solids 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 part B.2. of the definition has no reasonable potential for adversely affecting the POTW's 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 403.8(f)(6)) determine that such user should not be considered a significant industrial user. |
SIGNIFICANT NONCOMPLIANC E (SNC): | An industrial user is in significant non-compliance if its violation(s) meet one or more of the following criteria: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3; B. Technical review criteria (TRC) violations, defined as those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numerical pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3 multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, Fats, Oil, and Grease (FOG), and 1.2 for all other pollutants except pH); |
C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3 (daily maximum, longer-term average, instantaneous limit, or narrative standard) that the City 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); D. 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 subsection 04-07-29(7) to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, or attaining final compliance; F. Failure to provide, within forty-five (45) 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; | |
G. Failure to accurately report noncompliance; and H. Any other violation or group of violations which may include a violation of best management practices, which the City determines will adversely affect the operation or implementation of the City's pretreatment program. | |
SLUG LOAD: | Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 04-07-07 of this article. A slug discharge is any discharge of 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. |
STORM WATER: | Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. |
SUPER- INTENDENT, PLANT 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 article, 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. |
TOXIC POLLUTANT: | One of one hundred twenty-six (126) pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by EPA under section 307 (33 U.S.C. § 1317) of the Act. |
TREATMENT PLANT EFFLUENT: | The discharge from the POTW into waters of the United States. |
UPSET: | An exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards set forth in section 04-07-07 hereto due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. |
USER or INDUSTRIAL USER: | Any person who discharges pollutants, toxic pollutants and/or wastewater indirectly or directly into the POTW, but shall not include "domestic user" as defined herein. |
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 which is designed to provide treatment of municipal sewage and industrial waste. |
Other Definitions as set forth in 40 CFR 403.3 et seq.
(2) Abbreviations: The following abbreviations shall have the designated meanings:
ASPP | Accidental Spill Prevention Plan |
BOD | Biological or Biochemical Oxygen Demand |
CFR | Code of Federal Regulations |
COD | Chemical Oxygen Demand |
CWA | Clean Water Act (33 USC §§ 1251 et. seq.) as amended, herein "Act" |
EPA | US Environmental Protection Agency |
FOG | Fats, Oils, & Grease (Animal, Vegetable, & Petroleum Based Oils, Fats, and Greases) |
GPD | gallons per day |
IPDES | Idaho Pollutant Discharge Elimination System permit program under delegated authority from EPA to administer the NPDES Program in Idaho |
L | liter |
LEL | Lower Explosive Limit |
mg | milligrams |
mg/L | milligrams per liter |
NPDE S | National Pollutant Discharge Elimination System permit program as administered by the US EPA or State |
O&M | Operation and maintenance |
POTW | Publicly Owned Treatment Works. Shall have the same meaning as City-Owned Treatment Works as defined in subsection (1) of this section |
RCRA | Resource Conservation and Recovery Act |
SIC | Standard Industrial Classifications |
SIU | Significant Industrial User |
SWDA | Solid Waste Disposal Act (42 USC §§ 6901, et. seq.) |
TSS | Total Suspended Solids |
USC | United States Code |
(Ord. 3364, 8-16-2021)