§ 52.01 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
   CONTROL AUTHORITY (CA). The Commissioner of the Indiana Department of Environmental Management (IDEM).
   INDIRECT DISCHARGER. A non domestic discharger introducing pollutants into a POTW, regardless of whether the discharger is within the governmental jurisdiction of the permittee.
   INDUSTRIAL USER. An indirect discharger.
   INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, does ones of the following:
      (1)   Inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, or its selected sludge use or disposal methods;
      (2)   Causes a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation; or
      (3)   Prevents the use of the POTW's sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations or permits issued thereunder or more stringent state or local regulations:
         (a)   Section 405 of the Clean Water Act (33 U.S.C. § 1345);
         (b)   The Solid Waste Disposal Act (SWDA) (42 U.S.C. §§ 6901 et seq.) including:
            1.   Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and
            2.   The rules contained in any State Sludge Management Plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. §§ 6941 et seq.).
         (c)   The Clean Air Act (42 U.S.C. §§ 7401 et seq.); and
         (d)   The Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.).
   PASS THROUGH. A discharge proceeding through a POTW into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user, including applicable local limits.
   PRETREATMENT STANDARDS.
      (1)   State pretreatment standards as established in 327 I.A.C. 5-18-8;
      (2)   Pretreatment standards for prohibited discharges, as established in 327 I.A.C. 5-18-2; and
      (3)   National categorical pretreatment standards incorporated by reference in 327 I.A.C. 5-18-10.
   PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works owned by the state or a municipality, except that it does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes. The term also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. POTW also means the municipality that has jurisdiction over the indirect discharges to and the discharges from the treatment works.
   SIGNIFICANT INDUSTRIAL USER (SILL).
      (1)   Industrial users subject to categorical pretreatment standards under 327 I.A.C. 5-18-1;
      (2)   An industrial user that:
         (a)   Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, non contact cooling and boiler blow down wastewater) to the POTW;
         (b)   Contributes a process waste stream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         (c)   Is designated as a significant industrial user by the control authority on the basis that the industrial user has a reasonable potential to:
            1.   Adversely affect the POTW's operation;
            2.   Violate a pretreatment standard; or
            3.   Violate a requirement of 327 I.A.C. 5-19-3.
      (3)   The control authority may, on its own initiative or in response to a petition received from an industrial user or a POTW and in accordance with 327 I.A.C. 5-19-3(6), determine that an industrial user is not a significant industrial user if it does not meet division (2)(c) above.
(Ord. 2004-10, passed 11-15-2004)