§ 18-52.  Definitions.
   Unless the context specifically indicates otherwise, the meaning of terms used in this division shall be as follows:
   Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
   Authorizedrepresentativeofthecity means an authorized representative of the city may be any person designated by the city to act on its behalf.
   Authorizedrepresentativeofauser means an authorized representative of a user may be: (i) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (ii) a general partner or proprietor if the user is a partnership or proprietorship, respectively;  (iii) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the indirect discharge originates.
   Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5.  BMPs include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
   BOD denoting biochemical oxygen demand, means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per liter.
   Buildingorhouse means a structure having walls and a roof designed and used for the housing, shelter, enclosure or support of persons, animals, or property.
   Buildingdrain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
   Buildingsewer means the extension from the building drain to the public sewer or other place of disposal.
   Buildingsewerpermit means the permit required by Kentucky State Plumbing Law for the installation of building sewers.
   Categorical pretreatment standard means National Categorical Pretreatment Standards or Pretreatment Standard.  Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
   COD means chemical oxygen demand.
   Combinedsewer means a sewer receiving both surface runoff and sewage.
   Coolingwater means the water discharged from any system of condensation, air conditioning, cooling, refrigeration, or other such system, but which has not been in direct contact with any substance which could result in the addition of any polluting material to the water other than an increased temperature of the water and this increase not to exceed limits considered detrimental to any of the facilities of the city or result in any changes in the water characteristics which would be objectionable from the standpoint of odor or other nuisance. The water must be free of oil and polluting material.
   Countyhealthdepartment means the health department for the county.
   Dilutionstream means any wastewater not generated by a process regulated for the specific pollutant by a categorical standard under 40 CFR, Subchapter N.
   EPA means the Environmental Protection Agency of the United States Government.
   Floatableoil means oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
   Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   Indirect discharge means the discharge or the introduction of non-domestic pollutants from any source regulated under Section 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 (IU) means a source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Clean Water Act.
   Industrialwastes means the liquid wastes from industrial manufacturing processes, trade or business as distinct from normal sewage,
   Interference means the inhibition or disruption of the publicly owned treatment works treatment processes or operations which contributes to a violation of any requirement of the city's national pollution discharge elimination system permit.  The term includes prevention of sewage sludge use or disposal by the publicly owned treatment works in accordance with section 405 of the Act (33 U.S.C. 1345), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of Solid Waste Disposal Act, applicable to the method of disposal or use employed by the publicly owned treatment works. 
   Infiltration means that amount of groundwater from rainfall, streams, or other sources of surface water which results in leakage into the public wastewater collection system.
   Inflow means that amount of stormwater runoff which enters the public wastewater collection system by leakage of the collection system and/or its appurtenances or by direct connection of stormwater drainage systems to the public wastewater collection system.
   Nationalcategoricalpretreatmentstandard or pretreatmentstandard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) that applies to a specific category of industrial users.
   Naturaloutlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
   Newsourceindustrialuser means any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is therefore promulgated within one hundred twenty (120) days of proposed Federal Register.  Where the standard is promulgated later than one hundred twenty (120) days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
   Normalsewage shall be regarded as normal for the city if analysis show a daily average of not more than two hundred fifty (250) milligrams per liter of suspended solids; not more than two hundred fifty (250) milligrams per liter of BOD; and not more than a total of fifty (50) milligrams per liter of grease and oil.
   NPDES permit means the national pollution discharge elimination system permits issued pursuant to PL 92-500, Federal Water Quality Act of 1970, and all amendments thereof.
   Pass through means a discharge of pollutant which cannot be treated adequately by the POTW, and therefore exits 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/KPDES permit (including an increase in the magnitude or duration of a violation)(40 CFR 403.3).
   pH means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
   Plumbinginspector means the individual assigned by the state department for natural resources and environmental protection to enforce the plumbing laws and codes of the state within the city area.
   Pretreatment or treatment means 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 such pollutants into a publicly owned treatment works. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 CFR 403.6(d).
   Pretreatment standards means prohibited discharge standards, categorical standards, local limits and any other narrative requirements or best management practices required by the superintendent of the Danville Wastewater Treatment Plant.
   Properlyshreddedgarbage 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 (1.27 centimeters) in any dimension. 
   Publicsewer means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
   Publiclyownedtreatmentworks (POTW) means a treatment works as defined by section 212 of the Act (33 U.S.C. 1291), which is owned in this instance by the city. The 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 division, "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.
   Sanitarysewer means a sewer which carries sewage and to which stormwaters, surface waters, and groundwaters are not intentionally admitted.
   Sewage means a combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwaters, surface waters, and stormwaters as may be present.
   Sewagetreatmentplant means any arrangement of devices and structures used for treating sewage.
   Sewerworks means all facilities for collecting, pumping, treating and disposing of sewage.
   Sewer means a pipe or conduit for carrying sewage.
   Significant industrial user means any industrial user of the city's wastewater disposal system who:
   (1)   Has a discharge flow of twenty-five thousand (25,000) gallons or more per average workday; or
   (2)   Has a flow greater than five percent (5%) of the flow in the city's wastewater treatment system or greater than five percent (5%) of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; or
   (3)   Has in its waste toxic pollutants as defined pursuant to section 307 of the Act (33 U.S.C.) or applicable state statutes and rules; or
   (4)   Is found by the city, state department for environmental protection or the EPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system; or
   (5)   Is subject to categorical pretreatment standard(s) under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or
   (6)   Has the reasonable potential, in the opinion of the control or approval authority, to adversely affect the POTW treatment plant (i.e., cause inhibition, pass through of pollutants, sludge contamination or endangerment of POTW workers) or violate any requirements of this chapter.
   The superintendent 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 one hundred (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:  (1) the industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements; (2) the industrial 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 (3) the industrial user never discharges any untreated concentrated process wastewater.
   Upon a finding that a user meeting the criteria in this section has no reasonable potential for adversely affecting the POTWs 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 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 (SNC) means:
   (1)   Chronic violations of wastewater limits, defined as those in which sixty-six percent (66%) or more of all measurements taken during a six (6)-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameters; or
   (2)   Technical review criteria (TRC) violations, defined as those in which thirty-three percent (33%) or more of all measurements for each pollutant parameter taken during a six (6)-month period equal or exceed the product of the daily maximum limit or the average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); or
   (3)   Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority 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); or
   (4)   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under paragraph (f)(1)(vi)(B) of 40 CFR 403.8 to halt or prevent such a discharge; or
   (5)   Failure to meet, within ninety (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; or
   (6)   Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; or
   (7)   Failure to accurately report noncompliance; or
   (8)   Any other violation or group of violations including violations of best management practices which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
   Slug means any pollutant, including oxygen demanding pollutant, BOD, etc., released in a discharge of such volume or strength as to cause interference in the city wastewater treatment plant.
   Storm drain sometimes termed storm sewer, means a sewer which carries stormwaters, surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
   Superintendent means the superintendent of sewage works of the city, or his authorized deputy, agent or representative.  All powers and duties of the superintendent shall also be applicable to the city engineer.
   Suspended solids means solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.
   Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of environmental protection agency under the provision of CWA 307(a) or other acts.
   Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. No. 1277, Art. II, 7-8-80; Ord. No. 1331, § I, 7-10- 84; Ord. No. 1450, § 2, 8-27-91; Ord. No. 1803, § 1, 2-27-12)
   Cross reference-Definitions and rules of construction generally, § 1-2.