For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The use of the word “shall” indicates a mandatory condition. The use of the word “may” indicated a discretionary condition.
ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The Regional Administrator of the U.S. EPA
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; and
(4) The individuals described in divisions (1) through (3) 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.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20°C, usually expressed as a concentration (e.g., mg/l).
BOARD. The Board of Public Works and Safety of the City of Charlestown, Indiana.
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 OR HOUSE LATERAL SEWER. The extension from the building drain to the sewerage system or other place of disposal.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 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 C.F.R. Chapter I, Subchapter N, parts 405 through 471.
CITY. The City of Charlestown, Indiana or the Common Council of the city.
COMPATIBLE POLLUTANTS.
(1) Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the city’s National Pollutant Discharge Elimination Systems (NPDES) permit, if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a “substantial degree.” The term SUBSTANTIAL DEGREE is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial.
(2) Examples of the additional pollutants which may be compatible include:
(a) Chemical oxygen demand;
(b) Total organic carbon;
(c) Phosphorous and phosphorous compounds;
(d) Nitrogen and nitrogen compounds; and
(e) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).
COMPOSITE SAMPLE. A composite sample should contain a minimum of eight discrete samples taken at equal time intervals or volume of flow proportional to the flow rate over the composting period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling.
DOMESTIC SEWAGE. Wastewater from typical residential users and having pollutant characteristics of not greater then 200 mg/l BOD and 200 mg/l suspended solids.
EASEMENT. An acquired legal right of the specific use of land owned by others.
EFFLUENT. 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 said agency.
EXISTING SOURCE. 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 § 307 of the Act.
FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of humans 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 wastewater by treatment in an approved pretreatment facility.
GARBAGE. Solid waste 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 waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
GREASE and OIL. A group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. GREASES and OILS are defined by the method of the determination in accordance with standard methods.
(1) GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN. Substances of biodegradable nature such as are discharged by meat-packing, vegetable oil and fat industries, food processors, canneries and restaurants.
(2) GREASE AND OIL OF MINERAL ORIGIN. Substances that are less readily biodegradable than grease and oil of animal or vegetable origin, and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes and storage depot wastes.
HOLDING TANK WASTE. Any waste from holding tanks, such as campers, trailers, septic tanks, vacuum pump trucks and the like.
IDEM. The Indiana Department of Environmental Management.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source regulated under § 307(b), (c) or (d) of the Act.
INDUSTRIAL WASTES. Any solid, liquid or gaseous substance or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by a person and this term shall further mean any waste from an industrial user.
INFILTRATION. The water entering the a sewer system including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
INFLOW. The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof drains, cellars, yard and area drains, foundations drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, and combined sewers, catch basins, storm sewers, surface run-off, street wash waters or drainage.
INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
INSPECTOR. A person authorized by the city.
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 composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, does one 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; and/or
(3) Prevents the use of 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), 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).
(c) The Clean Air Act (42 U.S.C. § 7401); and
(d) The Toxic Substances Control Act (15 U.S.C. § 2601).
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, lake or other body of surface or groundwater.
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 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 divisions (1)(b) or (1)(c) of this definition but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite 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.
(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 paragraph.
NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
NPDES PERMIT. A permit issued under the national pollutant discharge elimination system for discharge of wastewaters to navigable waters of the United States.
NUISANCE. Anything which is injurious to health or offensive to the senses or an obstruction of the free use of property so as to interfere with the comfort or enjoyment of life or property.
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, 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 and local governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
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 and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
PREMISES. A parcel of real estate including any single improvement there on which is determined by the Board to be a single user for purposed of receiving, using and payment for service.
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 or STANDARDS. Prohibited discharge standards, categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 52.020 of this code.
PROPER OPERATION AND MAINTENANCE. Procedures executed in a prudent, cost-effective and workmanlike manner which achieve the highest and/or required effluent quality of industrial discharge attainable in conformance with the best available technology and practices. Proper operation and maintenance requirements include avoidance of operational error, adherence to manual instructions, preventive maintenance, avoidance of careless or improper operation, neat accurate sampling, analysis and records retention, storage of process chemicals, lubricants, solvents and the like, in a safe and organized manner, avoidance of accidental spillage, keeping operating logs and other activities which produce the desired effluent quality.
PUBLICLY-OWNED TREATMENT WORKS (POTW). A “treatment works,” as defined by § 212 of the Act (33 U.S.C. § 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.
RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations and the like).
SEWER. A pipe or conduit laid for carrying wastewater or other liquids.
(1) COLLECTION SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
(2) COMBINED SEWER. A sewer which carries both storm, surface, groundwater runoff and wastewater.
(3) FORCE MAIN. A pipe in which wastewater is carried under pressure.
(4) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
(5) PUBLIC SEWER. A sewer in which all owners of abutting property have equal rights and which is controlled by public authority, including the following elements:
(a) PUMPING STATION. A station positioned in the public sewerage system at which wastewater is pumped to higher level.
(b) SANITARY SEWER. A sewer which carries wastewater and to which storm, surface and groundwaters and unpolluted industrial wastewater are not intentionally admitted.
(c) STORM SEWER. A sewer which carries storm, surface and groundwater drainage but excludes wastewater.
SIGNIFICANT INDUSTRIAL USER.
(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, noncontact cooling and boiler blowdown 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) of this definition 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 procedures in 40 C.F.R. § 403.8(f)(6), determine that such user should not be considered a SIGNIFICANT INDUSTRIAL USER.
SLUDGE. Any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under §§ 402 and 405 of the Act and in the applicable requirements under §§ 3001, 3004 and 4004 of the Solid Waste Disposal Act, Pub. Law No. 94-580.
SLUG LOAD or SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 52.020 of this code.
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 jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORMWATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
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.
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.
SURCHARGE. A charge for services in addition to the basic service charge.
TOTAL SOLIDS. The sum of suspended and dissolved solids.
UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to sanitary sewers and wastewater treatment facilities provided.
USER or INDUSTRIAL USER. A source of indirect discharge.
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. The portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
WATERS OF THE STATE. Any water, surface or underground, within the boundaries of the state, except confined waters in sewers, tanks and the like.
(Ord. 2009-OR-06, passed 6-1-2009)