Unless the context specifically indicates otherwise, the meaning of the following terms, if used in the ordinance codified in this chapter, or if used in the rules and regulations adopted by the utility service board of the city to implement the provisions of this chapter, shall be as follows:
"Accidental discharges" means the unplanned release of substances, either directly or indirectly, in such magnitude that substantial effects on receiving systems will be noted. Release is the result of accident, acts of nature or operations malfunctions.
"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
"Applicable pretreatment standard" means any pretreatment limit or prohibitive standard (federal, state and/or local) contained in the chapter and considered to be the most restrictive with which non-domestic users will be required to comply.
"Approval authority" means the Regional Administrator of the U.S. EPA.
"Authorization" means a written letter authorizing various conditions or wastewater discharges.
"Authorized representative of the user" means:
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 two hundred fifty persons or having gross annual sales or expenditures exceeding twenty-five million dollars (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 government 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 paragraphs 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 city.
"Baseline monitoring report (BMR)" means a report required by 40 CFR 403.12(b) requiring new source industries and existing source industries that are subject to the promulgation of applicable categorical pretreatment standards to submit pertinent information regarding type of discharge at least ninety days prior to commencement of operation. The report identifies the facility, indicates environmental permits held, describes operations and contains flow and pollutant measurements, and is signed by a qualified professional.
"Best management practices" or "BMPs" means schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce pollution BMPs, including treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain categorical pretreatment standards and effluent limits.
"Biochemical oxygen demand (or BOD) of sewage, sewage effluent, polluted waters or industrial wastes" means the quantity of dissolved oxygen, in milligrams per liter, required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at twenty degrees Celsius. The laboratory determinations shall be made in accordance with procedures set forth in "standard methods" as defined herein.
"Board" means the utility service board of the city of Columbus, Indiana, or any duly authorized officials acting in its behalf.
"Building (or house) drain" means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the buildings and conveys it to a point approximately three feet outside the foundation wall of the building.
"Building (or house) sewer" means the pipe which is connected to the building (or house) drain at a point approximately three feet outside the foundation wall of the building and which conveys the building's discharge from that point to the public sewer or other place of disposal.
"Categorical industrial user" means an industrial user subject to a categorical pretreatment or categorical standard.
"Categorical pretreatment standards" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by 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.
"Chemical oxygen demand (or COD) of sewage, sewage effluent, polluted waters or industrial wastes" means a measure of the oxygen equivalent of that portion of the organic matter in the sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance procedures set forth in "standard methods" as defined herein.
"City" means the city of Columbus, Indiana, acting by and through the utility service board.
"Color" means the optical density at the visual wavelength of maximum absorption relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.
"Combined sewer" means a pipe or conduit designed and constructed to carry both polluted water, including sanitary sewage and non-domestic waste, and unpolluted water, including storm water, surface water, ground water and cooling water.
"Compatible pollutant" means biochemical oxygen demand, suspended solids, total phosphorus, ammonia nitrogen, pH and fecal coliform bacteria, plus pollutants identified in the 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 on the order of eighty percent or greater. Minor incidental removals on the order of ten to thirty percent are not considered substantial. Examples of the additional pollutants which may be considered compatible include: 1. chemical oxygen demand; 2. total organic carbon; and 3. 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" means a sample containing a minimum of eight discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
"Concentration limitations" means limits imposing the amount of a given substance in a discrete unit volume of a solution or applied to a unit weight of solid.
"Control authority" means the agency designated by the Environmental Protection Agency and Indiana Department of Environmental Management as having an approval to administer an industrial pretreatment program. For purposes of this chapter, it shall refer to the Columbus city utilities.
"Daily maximum" means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
"Daily maximum limit" means 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 discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the "daily discharge" is the arithmetic average measurement of the pollutant derived from all measurements taken that day.
"Director" means the chief executive officer of the department of utilities of the city of Columbus or his/her duly authorized representative or agent.
"Economic growth areas" means areas outside the corporate legal boundaries of the city of Columbus designated by the common council of the city of Columbus as eligible for retail sewer service in accordance with city Ordinance No. 11,1988.
"Effluent" means the water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.
"End of pipe" means a sampling point located at the last manhole prior to leaving the industrial facility, including all plant wastes.
"End of process" means a sampling point located downstream from a regulated industrial process. This would not include any other discharges which would dilute the process flow.
"Enforcement response procedures" mean actions which may be taken by the Columbus city utilities in the recognition, evaluation and response to specific violations of pretreatment requirements. Providing a guide to encourage uniform application of enforcement responses to comparable levels and types of violations used as a mechanism to review the appropriateness of responses by the control authority.
"Environmental Protection Agency " or "EPA" means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of the agency.
"Existing source" means any source of discharge, the construction or operation of which commenced prior to the publication 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.
"Excessive strength surcharges" means an additional charge which is billed to users for treating sewage wastes with an average strength in excess of "normal domestic sewage".
"Fecal coliform" means 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" means oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the city.
"Garbage" means any solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of produce.
"Grab sample" means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen minutes.
"Incompatible pollutant" means any pollutant that is not defined as a compatible pollutant, including nonbiodegradable dissolved solids. Compatible pollutants may be deemed incompatible by the utility service board in the event levels are five times or greater than the than that of "normal domestic sewage", as defined in this section. Oil and grease may only be discharged in accordance with subsection 13.16.030(A)(17) of this chapter.
"Indirect discharge" means the introduction of (non-domestic) pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.
"Industrial sewage" means 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 as defined in this chapter, exclusive of "sanitary sewage" as defined in this chapter.
"Industrial user" means a source of indirect discharge as defined by Section 307(b),(c) or (d) of the Act.
"Industrial wastes" means the wastewater discharges from industrial, trade or business processes as distinct from employees’ wastes or wastes from sanitary convenience.
"Industrial waste discharge permit" means a permit to deposit or discharge industrial waste into any sanitary sewer as by the control authority.
"Infiltration" means water other than wastewater that enters a sewerage system from the ground through such means as defective pipes, pipe joints, connections or manholes.
"Inflow" means water other than wastewater that enters a sewerage system from sources such as roof leaders, drains, manhole covers, cross connections between storm and sanitary sewers, storm waters, surface runoff, street wash waters or drainage.
"Insignificant noncompliance" means any state of noncompliance which, in the opinion of the utility service board, is not immediately threatening to the collection system or the POTW, nor is a violation which is recurring.
"Inspector" means the person or persons duly authorized by the city, through the utility service board, to inspect and approve the installation of building sewers and their connection to the public sewer system.
"Instantaneous maximum allowable discharge limit" means the maximum concentration (or loading) 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" means a discharge that, alone or in conjunction with a discharge 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; 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:
i. Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and
ii. 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).
d. The Toxic Substances Control Act (15 U.S.C. 2601).
"Local limit" means specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
"Mass emission rate" means the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the "mass emission rate" shall mean pounds per day of a particular constituent or combination of constituents.
"Mass limitations" means limits imposed upon a discharger based upon volumes or concentrations that are converted to weight units.
"Medical waste" means isolation waste, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, formites, etilogic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
"Monthly average" means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
"Monthly average limit" means 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.
"New source" means:
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 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:
a. The building, structure, facility or installation is constructed at a site at which no other source is located; or
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 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 subsection (1)(b) or (c) of this definition, but otherwise alters, replaces or adds to existing process or production equipment.
3. Construction of a new source as defined under this definition has commenced if the owner operator has:
a. Begun or caused to begin as part of a continuous on-site construction program:
i. Any placement, assembly or installation of facilities or equipment, or
ii. 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.
"NH3-N" means the same as ammonia nitrogen measured as nitrogen. The laboratory determinations shall be made in accordance with procedures set forth in "standard methods" as defined in this section.
"Noncontact cooling water" means water, used for cooling, condensing industrial products, air conditioning or refrigeration, that is prevented from mixing or contacting the product or mixture of gases.
"Normal domestic sewage" (for the purpose of determining surcharges) means wastewater or sewage having an average daily concentration as follows:
1. BOD not more than two hundred fifty mg/l;
2. SS not more than two hundred fifty mg/l;
3. Phosphorus not more than six mg/l;
4. NH3-N not more than eighteen mg/l.
"NPDES Permit" means a permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of the Act.
"Operation and maintenance costs" includes all costs, direct and indirect (including replacement costs), necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and produce discharges to receiving waters that conform with all related federal, state and local requirements.
"Other service charges" means tap charges, connection charges, area charges and other identifiable charges, other than user charges, debt service charges and excessive strength surcharges.
"Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances, except sewage and industrial wastes.
"Outfall" means any outlet, natural or constructed, which is the point of final discharge of sewage or of treatment plant effluent into any watercourse, pond, ditch, lake or other body or surface or ground water.
"Pass through" means 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 Columbus NPDES permit (including an increase in the magnitude or duration of a violation).
"Person" means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
"pH" means the logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram-atoms per liter of solution.
"Phosphorus" means the chemical element phosphorus, total. The laboratory determinations shall be made in accordance with procedures set forth in "standard methods" as defined in this section.
"Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, that has the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor).
"Premises" means a parcel of real estate, including any improvements thereon, which is determined by the agency to be a single user for purposes of receiving, using and paying for service.
"Pretreatment" means 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 standards" means prohibitive discharge standards, categorical pretreatment standards and local limits.
"Primary sewer main" for purposes of this chapter means the public sewer main which is required to transport sewage from the property line of the nearest prospective customer to the proposed point of connection at the sewage works' existing sewer main.
"Prohibited discharge standards" or "prohibited discharges" mean absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.16.030 of this chapter.
"Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
"Publicly owned treatment works" or "POTW" means devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes, and any conveyances which convey wastewater to the Columbus wastewater treatment plant.
"RCRA" means Resource Conservation and Recovery Act, Public Law 94-482, including all subsequent amendments and applicable regulations promulgated thereto.
"Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the sewage treatment plant.
"Replacement costs" mean the expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
"Sanitary sewage" means sewage discharged from the sanitary conveniences of dwellings (including apartment houses, hotels and motels), office buildings, factories or institutions, and which is free from storm water, surface water and industrial wastes.
"Secondary sewer main" for purposes of this chapter means the public sewer main which is required to provide services from a prospective customer to the primary sewer main.
"Septic tank waste" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
"Service charge" means the basic charge levied on all users of the public sewerage system for wastes which do not exceed in strength the concentration values above which a surcharge will be made.
"Sewage" means the 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 treatment plant" means the arrangement of devices, structures and equipment used for treating and disposing of sewage and sludge.
"Sewage works" means the organization and all facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely, the sewerage system and the sewage treatment plant.
"Sewer" means a pipe or conduit for carrying sewage or other waste liquids.
1. "Private sewer" means a primary sewer which is not owned by a public authority.
2. "Public sewer" means a primary sewer or secondary sewer in which all owners of abutting property have equal rights and which is controlled by the sewage works.
3. "Sanitary sewer" means a sewer which carries sewage and to which storm, surface and ground waters and unpolluted industrial waste waters are not intentionally admitted.
4. "Storm sewer" means a pipe or conduit designed or intended to carry storm water, surface water and ground water drainage, and which may carry unpolluted noncontact cooling and other unpolluted waters, but which excludes sanitary sewage and industrial wastes.
"Sewerage system" or "sewage system" means the network of sewers and appurtenances used for collecting, transporting and pumping sewage to the sewage treatment plant.
"Significant industrial user" means:
1. A user subject to categorical pretreatment standards; or
2. A user that:
a. Discharges an average of twenty-five thousand gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
b. Contributes a process wastestream which makes up five percent 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 subsection (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 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
4. The control authority may determine that a user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N, is a non-significant categorical industrial user on a finding that the user never discharges more than one hundred gallons per day of total categorical wastewater (excluding sanitary, non-contact cooling, and boiler blowdown wastewater unless specifically included in the pretreatment standard) and the following conditions are met:
a. The user, prior to the control authority's finding, has consistently complied with all the applicable categorical pretreatment standards and requirements;
b. The user annually submits the certification statement required in 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and
c, The user never discharges any untreated concentrated wastewater.
"Significant noncompliance" means an industrial user which exhibits one or more of the following criteria:
1. Violations of the industrial user’s discharge permit;
2. "Chronic violations of wastewater discharge limits", defined as those in which sixty-six percent or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
3. "Technical review criteria (TRC) violations", defined as those in which thirty-three percent or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC ( TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
4. Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of the POTW personnel or the general public);
5. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
6. Violations of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction and attaining final compliance by ninety days or more after the schedule date;
7. Failure to provide, within forty-five days after the due date, required reports, such as a baseline monitoring report, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
8. Failure to accurately report noncompliance;
9. Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
"Sludge" means 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 Sections 402, 405 and 503 of the Federal Act, and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act, Public Law 94-580.
"Slug" means any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period longer than fifteen minutes more than five times the average twenty-four-hour concentration or flow during normal operation; further, a "slug dose" is considered any discharge of non-routine episodic nature, including but not limited to, an accidental spill on a non-customary batch discharge which would cause a violation of the prohibited discharge practices of this chapter.
"Solid waste" means and includes trash, ashes, rags, bottles, tin cans, tree limbs, manure of domestic animals, offal, dead animals or portions thereof, foodstuffs and wastes thereof other than normally contained in sanitary sewage and any and all other solid objects, materials, refuse or debris. The term "ashes" shall include the residual resulting from the combustion of coal, coke, wood or any other material or substance, and shall include soot, cinders, slag and charcoal.
"Standard methods" means 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 Environment Federation.
"Storm water" means that portion of rain, snow or sleet which runs off over the surface of the ground, streets, structures and roofs into sewers, storm sewers or natural waters.
1. "Surface water" means water flowing in natural or artificial channels or confined in lakes, ponds, swamps or similar depressions.
"Surcharge" means the extra charges for sewerage service assessed customers whose sewage is of such a nature that it imposes upon the sewage works a burden greater than that covered by the basic service charge.
"Total revenue" for purposes of this chapter means that revenue obtained from monthly minimum billing for the use of and service rendered by the sewage works, and does not include front foot assessments, permit or inspection fees or other charges.
"Toxic amount" means concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act.
"Toxic pollutants" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the United States Environmental Protection Agency under the provision of the Act.
"Treatment plant effluent" means any discharge of pollutants from the POTW into waters of the state.
"Unpolluted water" means 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 the sanitary sewers and wastewater treatment facilities provided.
"Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance due to factors beyond the reasonable control of the discharger, 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 thereto.
"User class" means the division of wastewater treatment customers by source, function, waste characteristics and process or discharge similarities (i.e., residential, commercial, industrial, institutional and governmental in the user charge system, and as industrial and nonindustrial in the industrial cost recovery system).
1. "Residential user" means a user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, etc.
2. "Commercial user" means any establishment listed in the Office of Management and Budget's "Standard Industrial Classification Manual" (1972 Edition) involved in a commercial enterprise, business or service which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
3. "Institutional user" means any establishment listed in the "SICM" involved in a social, charitable, religious and/or educational function which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
4. "Governmental user" means any federal, state or local governmental user of the wastewater treatment works.
5. "Industrial user" means any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works. Industrial users shall be as identified in the "SICM" under Divisions A, B, D, E or I.
6. "User classification" means a classification of user based on the 1972 edition of the Standard Industrial Classification (SIC) Manual, prepared by the executive office of management and budget.
"Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at five hundred fifty degrees Celsius for fifteen to twenty minutes.
"Wastewater" means industrial waste or sewage or any other waste, including that which may be combined with any ground water, surface or storm water, that may be discharged to the POTW.
"Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
"Watercourse" means a channel in which a flow of water occurs either continuously or intermittently.
(Ord. 10-12 (part), 2010; Ord. 04-2 (part), 2004; Ord. 99-16 (part), 1999)