For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT or CLEAN WATER ACT. The Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal, state and/or local) contained in this chapter and considered to be the most restrictive with which non-domestic users will be required to comply.
APPROVAL AUTHORITY. The US EPA Region 5 Regional Administrator.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial user may be:
(1) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
(3) A duly authorized representative (if authorization is in writing) of the individual 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 control authority.
BEST MANAGEMENT PRACTICES or BMP's. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 51.006 and in 40 CFR 403.5(a)(1) and (b). BMP's 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.
BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed by parts per million weight.
BOARD. The Board of Public Works of the city or any duly authorized city board such as a Utility Service Board.
BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
BYPASS. The intentional diversion of wastestreams from and portion of an industrial user's treatment facility.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act that apply to a specific category of users and that appear in 40 CFR Chapter 1, Subchapter N, Parts 405 - 471.
CITY. The City of Connersville, Indiana.
CHEMICAL OXYGEN DEMAND. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
COMPOSITE SAMPLE. A sample containing a minimum of eight discrete samples taken at equal time intervals over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
CONTROL AUTHORITY. The duly authorized person or persons of city utilities directly responsible for the administration, implementation and enforcement of the provisions of this chapter and the National Pretreatment Program.
DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for the purposes of sampling.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant collected 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 24- hour period. Where daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of pollutant concentration derived from all measurements taken over the course of the 24-hour period.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The United States Environmental Protection Agency; or the Administrator or other duly authorized official of the 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 Section 307 of the Act.
FEDERAL ACT. The Federal Water Pollution Control Act, Public Law 92-500, as amended by the Clean Water Act of 1977, Public Law 95-217, as amended.
GARBAGE. Solids wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
GRAB SAMPLE. An individual sample that is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
INCOMPATIBLE POLLUTANT. Any polluting substance other than BOD, suspended solids, pH, and fecal coliform.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into a POTW from any non-domestic source regulated under section 307 (b), (c), or (d) of the Act.
INDUSTRIAL USER (IU). Any industrial or commercial establishment that discharges industrial (process) wastewater to a publicly owned treatment works. A source of indirect discharge.
INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge industrial wastes into any sanitary sewer as issued by the control authority of the POTW.
INDUSTRIAL WASTES. The liquid wastes from industrial processes as distinct from sanitary sewage.
INSTANTANEOUS LIMIT. The maximum concentration of a pollutant that is 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, alone or in conjunction with a discharge or discharges from other sources, that 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 statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations. Section 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.
MONTHLY AVERAGE. 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. 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.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307 (b) and (c) of the Act (33U.S.C. section 1317) that apply to a specific category of users and appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
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 Section 307(c) of the Clean Water Act, that will be applicable to such source if the 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.
(c) The production of wastewater generating processes of the building, structure, facility, or installation is substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the following factors will be considered:
1. The extent to which the new facility is integrated with the existing plant.
2. The extent to which the new facility is engaged in the same general type of activity as the existing source.
(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 the existing process or production equipment.
(3) Construction of a new source as defined under this division 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 replacement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work, including cleaning, excavation, or removal of existing buildings, structures, or facilities that 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 that are intended to be used in its operation within a reasonable time. Options to purchase, contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this division.
NPDES PERMIT. National Pollutant Discharge Elimination System permit which sets the conditions for a source to discharge any pollutant or combination of pollutants to the navigable waters of the United States, pursuant to Section 402 of the Clean Water Act.
NONCONTACT COOLING WATER. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
PASS THROUGH. The discharge of pollutants through the POTW into waters of the United States in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the city's NPDES permit (including an increase in the magnitude or duration of the violation).
PERSON. Any and all persons, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, estate, society, association, institution, enterprise, governmental agency, the State of Indiana, the United States of America, or other legal entity, or their legal representatives, agents, or assigns. The masculine gender includes the feminine, the singular includes the plural where indicated by context.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
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).
PRETREATMENT. The reduction of the amount of pollutants, the elimination of the amount of pollutants, or the alteration of the nature of the pollutant properties in wastewater prior to or in lieu of, discharging or otherwise introducing such pollutants into a POTW. The alteration or reduction can be obtained by physical, chemical, or biological processes, process changes, or by other means, except dilution, unless allowed by the applicable pretreatment standard.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
PRETREATMENT STANDARDS. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
PRIVATE SEWAGE DISPOSAL SYSTEMS. A system comprised of a septic tank and effluent absorption area designated for the purpose of processing sewage.
PROHIBITED DISCHARGE STANDARDS" or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 51.006.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the public sewers, with no particle greater than one-half inch in any dimension.
PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights and is controlled by a public authority.
PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works as defined by section 212 of the Act which 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 including sewers, pipes, and equipment used to convey wastewater to the treatment facility. The term also includes the municipality as defined in section 502(4) of the Act which has jurisdiction over the indirect discharges to and discharges from such a treatment works.
REGIONAL ADMINISTRATOR. The Director of the EPA Region 5 office in Chicago, Illinois.
SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment faculties which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
SEWAGE. A combination of the water carried wastes from the residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
SEWAGE WORKS. All facilities for collecting, pumping, treating, and disposing of sewage.
SEWER. A pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER (SIU). Except as provided in divisions (3) and (4) below, a significant industrial user is:
(1) An industrial users subject to categorical pretreatment standards;
(2) An industrial user that:
(a) Discharges an average process flow of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(b) Contributed a process wastestream which makes up 5% or more of the POTW's dry weather hydraulic or organic capacity of the POTW treatment plant;
(c) Is designated by the control authority to have a reasonable potential to adversely affect the POTW's operation [40CFR403.3(v)].
(3) The control authority may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) 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 industrial user, prior to the control authority's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(b) The industrial user annually submits the certification statement required in § 51.042(B)(13)(c), together with any additional information necessary to support the certification statement;
(c) The industrial user never discharges any untreated concentrated wastewater.
(4) Upon finding that a user meeting criteria for significant industrial user, has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial 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 NONCOMPLIANCE. One or more of the following:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of 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, as defined by 40 CFR 403.3(1);
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of 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, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = l.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW 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);
(4) Any discharge of a pollutant that has caused imminent endangennent to human health, welfare or the environment, or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8 (f)(l)(vi)(B) to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report non- compliance;
(8) 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 implantation of the local pretreatment program.
SLUDGE. Any solid, semisolid 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 and 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act, P.L. 94-580.
SLUG DISCHARGE. 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. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STORM SEWER or STORM DRAIN. A sewer which carries storm water and surface waters and drainage, but excludes sewage and polluted industrial wastes.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt.
TOTAL SUSPENDED SOLIDS. Solids that either float on the surface of, or are suspended in, water, wastewater or other liquid and which are removable by laboratory filtering.
TOXIC POLLUTANT. Any pollutant or combination of pollutants identified in Section 307(a) of the Act as well as any other known potential substances capable of producing toxic effects.
UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with the categorical pretreatment standards due to factors beyond the reasonable control of the industrial user, and excludes noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation.
USER. A source of indirect discharge
UTILITIES. City utilities or their duly authorized deputy, agent or representative.
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 CONSTITUENTS OR CHARACTERISTICS. The individual chemical, physical bacteriological, or radiological parameters, including volume, flow rate, and other parameters, that serve to define, classify, or measure the contents, quality, quantity, and strength of the wastewater.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or mtermittently.
(Ord. 6386, passed 3-20-17)