Unless the context specifically indicates otherwise, the following terms and phrases used in this subchapter shall have the following meanings:
ACT. Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U. S. C. §§ 1251 et seq.
APPROVAL AUTHORITY. The US EPA Regional Administrator.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
(1) In the case of a federal, state, or local government facility, a government facility manager;
(2) In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;
(3) In the case of a partnership or proprietorship, a general partner or proprietor; and
(4) An authorized representative of the individual designated above if:
(a) Such representative responsible for the overall operation of the facilities from which the discharge into the POTW originates;
(b) The authorization is in writing; and
(c) The written authorization is submitted to the POTW.
BEST MANAGEMENT PRACTICES (BMPS). A schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions defined under “National pretreatment standards: Prohibited discharges” in this section and under 40 CFR 403.5(a)(1) and (b). BMPs 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 or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).
BYPASS. The intentional diversion of waste streams from any 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 (33 U.S.C. § 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
CONTROL AUTHORITY. The City of Crawfordsville, Indiana.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b)(c) or (d) of the Act.
INDUSTRIAL USER. Any person who introduces pollutants into a POTW from any non-domestic source regulated under the Act, state law of local ordinance.
INSTANTANEOUS 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.
(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 there under 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).
(d) The Toxic Substances Control Act (15 U.S.C. § 2601).
(e) The Marine Protection, Research, and Sanctuaries Act (16 U.S.C. § 1431 et seq. and 33 U.S.C. §1401 et seq.)
NPDES or STATE DISCHARGE PERMIT. A permit issued under Section 402 of the Federal Water Pollution Control Act (33 U.S.C. § 1342).
NATIONAL PRETREATMENT STANDARDS: PROHIBITED DISCHARGES.
(1) General prohibitions. A user may not introduce into a POTW any pollutant(s) which cause pass through or interference. These general prohibitions and the specific prohibitions in division (2) of this definition apply to each user introducing pollutants into a POTW whether or not the user is subject to other National Pretreatment Standards or any national, state, or local pretreatment requirements.
(2) Specific prohibitions. In addition, the following pollutants shall not be introduced into a POTW:
(a) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21;
(b) Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;
(c) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference;
(d) Any pollutant, including oxygen demanding pollutants (BOD, and the like) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.
(e) Heat in amounts which will inhibit biological activity hi the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40 °C (104 °F) unless the approval authority, upon request of the POTW, approves alternate temperature limits.
(f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;
(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(h) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
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 that 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 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 division (l)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE as defined herein 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; or
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment 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.
PASS-THROUGH. A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON. Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
POLLUTANT. Any dredged soil, solid waste, incinerator residue, sewer, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial and agricultural waste or any other contaminant.
PRETREATMENT or TREATMENT. The reduction, elimination, or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other names, except as prohibited by 40 CFR § 403.6 (d).
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARD. Any local, state, or federal regulation containing pollutant discharge limits. This term includes local limits, prohibitive discharge limits, including those promulgated under 40 FR 403.5, prohibited discharges and categorical pretreatment standards.
PUBLICLY OWNED TREATMENT WORKS (POTW).
(1) A treatment works as defined by section 212 of the Act including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage and industrial waste.
(2) The system includes sewers, pipes and equipment used to convey wastewater to the treatment facility. The term, also includes the municipality as defined in § 502(4) of the Act which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
SEVERE PROPERTY DAMAGE. Substantial physical damage to properties of the treatment facilities 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.
SIGNIFICANT INDUSTRIAL USER.
(1) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; and any other industrial user that: discharges an average of 25,000 gallon per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow-down wastewater); contributes a process water stream which makes up 5% of more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the POTW on the basis that the industrial user has a reasonable potential, for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8 (f)(6)).
(2) Upon finding that an industrial user meeting the above criteria has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8 (f)(6), determine that such industrial user is not a significant industrial user.
(3) The city 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 blow down wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(a) The industrial user, before city’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(b) The industrial user annually submits the certification statement required in § 52.181 [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
(c) The industrial user never discharges any untreated concentrated wastewater.
SIGNIFICANT NONCOMPLIANCE (SNC).
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter or a numeric pretreatment standard or requirement, including instantaneous limits.
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit or a 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).
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) or a pretreatment standard or requirement (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 endangerment to human health, welfare or to the environment that has resulted in. the POTW’s exercise of its emergency authority of this section to halt or prevent such a discharge.
(5) Failure to provide, 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 30 days after the due date, required reports such as baseline monitoring reports, 90 days compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(7) Failure to accurately report noncompliance.
(8) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD or SLUG DISCHARGE. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Part 2 of this subchapter. A SLUG DISCHARGE is any discharge of anon-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.
STATE. State of Indiana.
SURCHARGE. Monetary charges applied to discharges that exceed pretreatment effluent limits, but that do not exceed prohibitive limits.
TOXIC POLLUTANT. Any pollutant or combination of pollutants identified as toxic pursuant to § 307 (a) of the Federal Water Pollution Control Act or other federal statutes or in regulations promulgated by the state under state law.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WATERS OF THE STATE. Includes:
(1) Both surface and underground waters within the boundaries of this state subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this State, other than, those designed and used to collect, convey or dispose of sanitary sewage;
(2) The flood plain free flowing waters determined by the Department of Natural Resources on the basis of 100 year flood frequency.
(Ord. 4-1999, passed 3-8-99; Am. Ord. 2-2005, passed 1-10-05; Am. Ord. 13-2012, passed 8-13-12; Am. Ord. 15-2016, passed 7-11-16)