(A) Purpose and policy.
(1) This chapter sets forth uniform requirements for the disposal of wastewater in the service area of the city's wastewater treatment system. The objectives of this chapter are:
(a) To protect the public health;
(b) To provide problem-free wastewater collection and treatment service;
(c) To prevent the introduction of pollutants into the municipal wastewater treatment system which will interfere with the system operation, will cause the city's discharge to violate its National Pollutant Discharge Elimination System (NPDES) permit or other applicable state requirements, will cause physical damage to the wastewater treatment system facilities;
(d) To provide for full and equitable distribution of the cost of the wastewater treatment system;
(e) To enable the city to comply with the provisions of the Federal Clean Water Act, the General Pretreatment Regulations (40 C.F.R. part 403), and other applicable federal and state laws and regulations; and
(f) To improve the opportunity to recycle and reclaim wastewaters and sludges from the wastewater treatment system.
(2) In meeting these objectives, this chapter provides that all persons in the service areas of the city must have adequate wastewater treatment either in the form of a connection to the city wastewater treatment system or, where the system is not available, an appropriate private disposal system. The chapter also provides for the issuance of permits to system users, for the regulation of wastewater discharge volumes and characteristics, for monitoring and enforcement activities; and for the setting of fees for the full and equitable distribution of costs resulting from the operation, maintenance and capital recovery of the wastewater treatment system and from other activities required by the enforcement and administrative program established herein.
(3) This chapter shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the municipal wastewater treatment system. Except as otherwise provided herein, the City Manager shall administer, implement and enforce the provisions of this chapter.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. May be:
(a) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(b) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; and/or
(c) A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BASELINE MONITORING REPORT (BMR). A report submitted by categorical industrial users within 180 days after the effective date of an applicable categorical standard which indicates the compliance status of the user with the categorical standard [40 C.F.R. § 403.12(b)].
BEST PROFESSIONAL JUDGMENT (BPJ). The highest quality technical opinion of a permit writer, after consideration of all reasonably available and pertinent data or information, forming the basis for the terms and conditions of a permit.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20°C expressed in terms of weight and concentration (milligrams per liter [mg/l]).
BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL INDUSTRIAL USER. An industrial user subject to categorical pretreatment standards.
CATEGORICAL PRETREATMENT STANDARDS. Limitations on pollutant discharges to POTWs promulgated by EPA in accordance with § 307 of the Clean Water Act, that apply to specified process wastewaters of particular industrial categories [40 C.F.R. § 403.6 and parts 405 through 471].
CITY. The City of Crossville or the City Council, City of Crossville, Tennessee.
CITY MANAGER. The City Manager of the City of Crossville, Tennessee, who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.
CLEAN WATER ACT (CWA). Otherwise known as the FEDERAL WATER POLLUTION CONTROL ACT, enacted by Pub. Law No. 92-500, 10-18-1972, 33 U.S.C. §§ 1251 et seq; as amended by Pub. Law No. 95-217, 12-28-1977; Pub. Law No. 97-117, 12-29-1981; Pub. Law No. 97-440, 1-8-1982; and Pub. Law No. 100-04, 2-4-1987.
COMBINED WASTESTREAM FORMULA (CWF). Procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream from a categorical industrial user is combined with other wastestreams prior to treatment [40 C.F.R. § 403.6(e)].
COMPATIBLE POLLUTANT. BOD, suspended solids, pH and fecal coliform bacteria, and the additional pollutants as are now or may be in the future specified and controlled in this city's NPDES permit for its wastewater treatment works where sewer works have been designed and used to reduce or remove the pollutants.
CONCENTRATION LIMIT. A limit based on the mass of pollutant per unit volume, usually expressed in milligrams per liter.
CONVENTIONAL POLLUTANTS. As defined by federal law, these include BOD, TSS, fecal coliform bacteria, oil and grease and pH [40 C.F.R. § 401.16].
COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
CONTROL AUTHORITY. Refers to the approval authority, defined hereinabove; or the City Manager if the city has an approved pretreatment program under the provisions of 40 C.F.R. § 403.11.
CUSTOMER. Any individual, partnership, corporation, association or group who receives sewer service from the city under either an express or implied contract requiring payment to the city for the service.
DAILY MAXIMUM LIMIT. The maximum allowable discharge of pollutant during a calendar day. Where DAILY MAXIMUM LIMITATIONS are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where DAILY MAXIMUM LIMITATIONS are expressed in terms of a concentration, the concentration is derived from all measurements taken that day.
DEVELOPMENT DOCUMENT. Detailed report of studies conducted by the U.S. EPA for the purpose of developing categorical pretreatment standards.
DILUTE WASTESTREAM. For purposes of the combined wastestream formula, the average daily flow (at least a 30-day average) from:
(a) Boiler blowdown streams, non-contact cooling streams, storm water streams and demineralizer backwash streams (provided, however, that, where the streams contain a significant amount of a pollutant, and the combination of the streams, prior to treatment, with an industrial user's regulated process wastestream(s) will result in a substantial reduction of that pollutant, the control authority, upon application of the industrial user, may exercise its discretion to determine whether the stream(s) should be classified as diluted or unregulated. In its application to the control authority, the industrial user must provide engineering, production, sampling and analysis and the other information so that the control authority can make its determination);
(b) Sanitary wastestreams where the streams are not regulated by a categorical pretreatment standard; or
(c) From any process wastestreams which were, or could have been entirely exempted from categorical pretreatment standards pursuant to paragraph 8 of the NRDC v. Costle Consent Decree (12 ERC 1833) for one or more of the following reasons (see Appendix D of 40 C.F.R. part 403):
1. The pollutants of concern are not detectable in the effluent from the industrial user [paragraph (8)(a)(iii)];
2. The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects [paragraph (8)(a)(iii)];
3. The pollutants of concern are present in amounts too small to be effectively reduced by technologies known to the Administrator [paragraph (8)(a)(iii)]; or
4. The wastestream contains only pollutants which are compatible with the POTW [paragraph (8)(b)(i)] [40 C.F.R. § 403.6(e)].
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
DIRECTOR. The chief administrative officer of a state or interstate water pollution control agency with an NPDES permit program and state pretreatment program approved pursuant to § 402(b) of the Clean Water Act.
DOMESTIC WASTEWATER. Wastewater that is generated by a single-family, apartment or other dwelling unit or dwelling unit equivalent containing sanitary facilities for the disposal of wastewater and used for residential purposes only.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of the agency.
FLOW PROPORTIONAL COMPOSITE SAMPLE. A sampling method which combines discrete aliquots of a sample collected over time, based on the flow of the wastestream being sampled. There are two methods used to collect this type of sample. One method collects a constant sample volume at time intervals which vary based on the stream flow [e.g., 200 milliliters (ml) sample collected for every 5,000 gallons discharged]. The other method collects aliquots of varying volume, based on stream flow, at constant time intervals.
FLOW WEIGHTED AVERAGING FORMULA (FWA). A procedure used to calculate alternative limits where wastestreams regulated by a categorical pretreatment standard and non-regulated wastestream combine after treatment but prior to the monitoring point.
GARBAGE. Solid wastes 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 wastestream on a one-time basis with no regard to the flow in the wastestream and without consideration of time.
HOLDING TANK WASTE. Any waste from holding tanks the as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT. Any pollutant which is not a "compatible pollutant", as defined in this section.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act, (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER. A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
INDUSTRIAL USER MANAGEMENT PRACTICES. Schedules of activities, prohibitions or practices, maintenance procedures and other management practices designed to prevent or reduce pollution discharges. These practices may address treatment requirements, operating procedures and practices to control spills or leaks, sludge or waste disposal, or drainage from raw material storage.
INSTANTANEOUS MAXIMUM LIMIT. The maximum allowable concentration of a pollutant 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 which, alone or in conjunction with a discharge or discharges from other sources, both:
(a) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
(b) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): § 405 or the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act [40 C.F.R. § 403.3].
MONTHLY AVERAGE LIMIT. The maximum allowable value for the average of all observations obtained during one calendar month.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NPDES (NATURAL POLLUTANT DISCHARGE ELIMINATION SYSTEM). The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into navigable waters, the contiguous zone and the oceans pursuant to § 402 of the Federal Water Pollution Control Act as amended.
NATIONAL PROHIBITED DISCHARGES. Prohibitions applicable to all non-domestic dischargers regarding the introduction of pollutants into POTWs set forth at 40 C.F.R. § 403.5.
NET/GROSS CALCULATIONS. An adjustment to categorical pretreatment standards to reflect the presence of pollutants in the industrial user's intake water [40 C.F.R. § 403.15].
NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to the source, if the standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a NEW SOURCE means any source, the construction of which is commenced after the date of promulgation of the standard.
NINETY (90)-DAY COMPLIANCE REPORT. A report submitted by a categorical industrial user, within 90 days following the date for final compliance with applicable categorical standards, or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, that documents and certifies the compliance status of the user [40 C.F.R. § 403.12(d)].
NON-CONVENTIONAL POLLUTANTS. All pollutants which are not included in the list of conventional or toxic pollutants in 40 C.F.R. part 401.
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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation) [40 C.F.R. § 403.3(n)].
PERIODIC COMPLIANCE REPORT. A report on compliance status submitted by categorical industrial users to the control authority at least semiannually [40 C.F.R. § 403.12(e)].
PERSON. Any individual, partnership, copartnership, firm, company, corporation, associations, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents 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 grams per liter of solution.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical substances, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
POLLUTION. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 C.F.R. § 403.6(d).
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PRETREATMENT STANDARDS FOR EXISTING SOURCES (PSES). Categorical standards and requirements applicable to industrial sources that began construction prior to the publication of the proposed pretreatment standards for that industrial category. (See individual categorical standards in 40 C.F.R. parts 405 through 471 for specific dates.)
PRETREATMENT STANDARDS FOR NEW SOURCES (PSNS). Categorical standards and requirements applicable to industrial sources that began construction after the publication of the proposed
pretreatment standards for the industrial category. (See individual categorical standards in 40 C.F.R. parts 405 through 471 for specific dates.)
PROCESS WASTEWATER. Any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct or waste product.
PRODUCTION-BASED STANDARD. A discharge limitation expressed in terms of allowable pollutant mass discharge per unit of production.
PUBLICLY OWNED TREATMENT WORKS (POTW). The treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.
REGULATED WASTESTREAM. An industrial process wastestream regulated by a national categorical pretreatment standard.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA). A federal statute regulating the management of hazardous waste from its generation through ultimate disposal. The Act contains requirements for waste generators, transporters, and owners and operators of treatment, storage and disposal facilities [42 U.S.C. §§ 6901 et seq.].
SELF-MONITORING. Sampling and analyses performed by the industrial user to ensure compliance with the permit or other regulatory requirements [40 C.F.R. § 403.12(b) and (g)].
SHALL. The act referred to is mandatory; MAY is permissive.
SIGNIFICANT INDUSTRIAL USER. All industrial users subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Chapter 1, Subchapter n; and any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater) contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as the by the city as defined in 40 C.F.R. § 403.12(a) on the basis that the industrial users has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 C.F.R. § 403.8(f)(6)].
SLUG. Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentrations of flows during normal operation or any discharge of whatever duration that causes the sewer to overflow or back up in an objectionable way or any discharge of whatever duration that interferes with the proper operation of the wastewater treatment facilities or pumping stations.
SPILL PREVENTION AND CONTROL PLAN. A plan prepared by an industrial user to minimize the likelihood of a spill and to expedite control and cleanup activities should a spill occur.
SPLIT SAMPLE. Portion of a collected sample given to the industry or to another agency to verify or compare laboratory results.
STANDARD INDUSTRIAL CLASSIFICATION MANUAL. Prepared by the Executive Office of the President, Office of Management and Budget 1987 (NTIS Order No. PB 87-10001Z).
STATE. State of Tennessee.
STORM SEWER or STORM DRAIN. A pipe or conduit which carries storm and surface waters and drainage, but excludes sewage and industrial wastes; it may, however, carry cooling waters and unpolluted waters, upon approval of the City Manager.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
SUPERINTENDENT. The person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.
TIME PROPORTIONAL COMPOSITE SAMPLE. A sampling method which combines discrete sample aliquots of constant volume collected at constant time intervals (e.g., 200 milliliter (ml) samples collected every half hour for a 24-hour period). This method provides representative samples only where the sampled stream flow is constant, or where the volume is manually adjusted based on stream flow variation prior to being added to the composite sample container.
TOTAL TOXIC ORGANICS (TTO). The sum of the masses or concentrations of the specific toxic organic compounds regulated by specific categorical pretreatment regulations which is found in the discharge at specific quantifiable concentrations. (Refer to the specific categorical regulations to identify which compounds are regulated, what numeric value is considered "quantifiable", and what sampling or certification alternatives may be available.)
TOXIC ORGANIC MANAGEMENT PLAN. Written plan submitted by industrial users in accordance with some categorical pretreatment standards as an alternative to TTO monitoring which specifies the toxic organic compounds used, the method of disposal used, and procedures for assuring that toxic organics do not routinely spill or leak into wastewater discharged to the POTW.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA [§ 307(a)] or other Acts.
TREATABILITY MANUAL. Guidance prepared by the U.S. EPA that provides detailed descriptions of industrial processes, potential pollutants from each process, appropriate treatment technologies, and cost estimating procedures.
TWENTY-FOUR (24) HOUR FLOW PROPORTIONAL COMPOSITE SAMPLE. A sample consisting of several portions collected during a 24-hour period in which the portions of a sample are proportioned to the flow and combined to form a representative sample.
UNREGULATED WASTESTREAM. For purposes of the combined wastestream formula, a wastestream that is not regulated by a national categorical pretreatment standard and is not considered a dilute wastestream.
UPSET. An exceptional incident in which there is unintentional and temporary non-compliance with the categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An UPSET does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation [40 C.F.R. § 403.16(a)].
USER. Any person who contributes, causes or permits the contributions of wastewater into the city's POTW.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER TREATMENT SYSTEMS. Defined the same as POTW.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigations systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private which are contained within, flow through or border upon the state or any portion thereof.
(1989 Code, § 18-201)