§ 54.003 DEFINITIONS.

(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 Regional Administration of U.S. EPA Region V.

AUTHORIZED REPRESENTATIVE OF THE USER.

(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 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (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 governmental 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 divisions (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 Board.

AVERAGE MONTHLY DISCHARGE LIMITATION. 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.

AVERAGE WEEKLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges, measured during a calendar week divided by the number of daily discharges measured during that week.

BENEFICIAL USERS. These include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by state or federal law.

BIOCHEMICAL OXYGEN DEMAND or BOD5. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20°C, usually expressed as a concentration (e.g., mg/l).

BOARD. The City Board of Public Works and Safety or any other duly authorized officials acting on its behalf.

BUILDING. Any structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or other property. When separated by a party wall, without opening through such wall, each portion of such a BUILDING shall be considered a separate building.

BUILDING DRAIN. The lowest horizontal piping of a building drainage system which receives the discharge from soil pipes, waste pipes and other drainage pipes inside a building and conveys it to a point outside of the building.

BUILDING DRAIN, SANITARY. A building drain which conveys sanitary or industrial sewage only.

BUILDING DRAIN, STORM. A building drain which conveys storm water or other clean water drainage, but no wastewater.

BUILDING (OR HOUSE) LATERAL SEWER. The extension from the building drain to the sewerage system or other place of disposal.

BUILDING SEWER, STORM. A building sewer which conveys storm water or other clear water drainage, but no sanitary or industrial sewage.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 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 C.F.R. Ch. I, Subch. N, parts 405 through 471.

C.F.R. Code of Federal Regulations.

CHEMICAL OXYGEN DEMAND or COD. (of sewage, sewage effluent, polluted waters or industrial wastes). A measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.

CITY. The City of Decatur, under the jurisdiction of the City Board of Public Works and Safety.

COMBINED SEWER. A sewer which carries storm, surface or ground water runoff in addition to sewage.

COMPATIBLE POLLUTANTS.

(a) Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants if the treatment works was designed to treat these pollutants, and in fact does remove these pollutants to a substantial degree. The term “substantial degree” is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial.

(b) Examples of the additional pollutants which may be COMPATIBLE include the following (except as prohibited where these materials would interfere with the operation of the treatment works):

1. Chemical oxygen demand;

2. Total organic carbon;

3. Phosphorous and phosphorous compounds;

4. Nitrogen and nitrogen compounds; and

5. Fats, oils and greases of animal or vegetable origin.

COMPOSITE SAMPLING. Method of sampling which weights sample volume with discharge flow rate.

CONSTITUENTS AND CHARACTER- ISTICS. The chemical, physical, bacteriological and radiological properties, including volume, flow rate and such other properties which serve to define, classify or measure the contents, quality, quantity and strength of wastewater.

CONTROL AUTHORITY. Board of Public Works and Safety, the City of Decatur, Indiana.

COUNCIL. The Common Council of the City of Decatur, Indiana.

DAILY DISCHARGE. Discharge of the pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling.

DEPARTMENT. The city wastewater treatment plant, including the sewer collection system.

DOMESTIC SEWAGE. Wastewater from typical residential users and having pollutant characteristics of not greater than 230 mg/l BOD and 250 mg/l suspended solids.

EASEMENT. An acquired legal right of the specific use of land owned by others.

EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.

ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Region V Water Management Division Director or other duly authorized official of said 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 § 307 of the Act.

FECAL COLIFORM. 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. Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.

GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food or from the handling, storage or sale of produce.

GRAB SAMPLE. A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

GREASE AND OIL.

(a) A group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures.

(b) GREASES AND OILS are defined by the method of their determination in accordance with Standard Methods.

GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN. Substances of biodegradable nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants.

GREASE AND OIL OF MINERAL ORIGIN. Substances that are less readily biodegradable than grease and oil of animal or vegetable origin; and are derived from a petroleum source. These substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes and storage depot wastes.

GROUND (SHREDDED) GARBAGE. Garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.

HOLDING TANK WASTE. Any waste from holding tanks, such as chemical toilets, campers, trailers, septic tanks, vacuum pump trucks and the like.

INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids, and further defined in 40 C.F.R. part 403.

INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source regulated under § 307(b), (c) or (d) of the Act.

INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.

INDUSTRIAL WASTES. Any solid, liquid, or gaseous substance or form of energy discharged, or permitted to flow or escape from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by a person and shall further mean any waste from an industrial user.

INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.

INFLOW. The water discharged into a sewer system, including service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cistern overflows, cooling water discharges, drains from springs and swampy areas, manhole covers, cross- connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street waste waters or drainage. INFLOW does not include, and is distinguished from infiltration.

INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.

INSPECTOR. A person authorized by the city.

INSTANTANEOUS MAXIMUM ALLOW- ABLE DISCHARGE 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, which alone or in conjunction with a discharge or discharges from other sources, 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: § 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.

LATERAL SEWER. The extension from the building drain to the sewerage system or other place of disposal.

MAXIMUM DAILY DISCHARGE LIMITATIONS. Highest allowable daily discharge.

MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

mg. Milligrams.

mg/l. Milligrams per liter.

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 (SIC No.) of industrial users and specifies quantities or concentrations of pollutants which may be discharged.

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307 (b) of the Act and 40 C.F.R. § 403.5 and includes specific prohibitions or limits as developed by a POTW, either as a requirement of an approved POTW pretreatment program or an NPDES permit.

NEW SOURCE.

(a) 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 which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided that:

1. The building, structure, facility or installation is constructed at a site at which no other source is located;

2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. 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 as the existing source, should be considered.

(b) 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 (a)2. or (a)3. above, but otherwise alters, replaces or adds to existing process or production equipment.

1. Begun, or caused to begin, as part of a continuous on-site construction program;

a. Any placement, assembly or installation of facilities or equipment; or

b. Significant site prep- aration 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

2. 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.

NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

NORMAL DOMESTIC SEWAGE. Sewage such as discharged by residential users with a BOD5 concentration not in excess of 230 mg/l and a suspended solids concentration not in excess of 250 mg/l.

NPDES PERMIT. National Pollutant Discharge Elimination System permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to § 402 of Pub. Law No. 95-217.

NUISANCE. Anything which is injurious to health or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property.

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 city’s NPDES permit (IN0039314), including an increase in the magnitude or duration of a violation.

PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.

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, BOD5, COD5, toxicity or odor).

POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects these waters for beneficial uses or facilities which serve the beneficial uses. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.

PREMISES. A parcel of real estate including any single improvement thereon which is determined by the city to be a single user for purposes of receiving, using and payment for service. Any additional improvement on the same parcel of real estate which is determined by the city to be a user shall be separately connected to the sewerage for the purpose of receiving, using and payment for service.

PRETREATMENT. 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 REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS. Prohibited discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 54.030 of this chapter.

PROPER OPERATION AND MAINTENANCE. Procedures executed in a prudent, cost-effective and workmanlike manner which achieve the highest or required effluent quality of industrial discharge attainable in conformance with the best available technology and practices.

PUBLICLY OWNED TREATMENT WORKS or POTW.

(a) A “treatment works,” as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned by the city.

(b) This definition 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 which convey wastewater to a treatment plant.

RECEIVING SEWER SYSTEM. The city’s municipal sewer system.

RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged form the wastewater treatment plant.

SANITARY SEWAGE. The waste from water closets, urinals, lavatories, sinks, bathtubs, showers, basement drains, household laundries, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains, stable floor drains, swimming pool water drainage, and all other water-carried waste, except industrial wastes.

SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

SEWAGE. Human excrement and gray water (household showers, dishwashing operations and the like).

SEWAGE WORKS. Sewers, wastewater treatment plant, sewerage system and any associated structures or equipment. Also known as POTW.

SEWER. A pipe or conduit laid for carrying wastewater or other liquids.

SEWER, COMBINED. A sewer in which all owners of abutting property have equal rights and which is controlled by public authority, including the following elements.

SEWER, PUBLIC. A sewer whose primary purpose is to collect waste waters from individual point source discharges.

(a) COLLECTION SEWER. A sewer whose primary purpose is to collect waste waters from individual point source discharges.

(b) FORCE MAIN. A pipe in which wastewater is carried under pressure.

(c) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.

PUMPING STATION. A station positioned in the public sewerage system at which wastewater is pumped to higher level.

SEWER, SANITARY. A sewer which carries wastewater and to which storm, surface and ground waters and unpolluted industrial wastewater are not intentionally admitted.

SEWER, STORM. A sewer which carries storm, surface and ground water drainage but excludes wastewater.

SEWERAGE SYSTEM. The network of publicly owned sewers and appurtenances used for collecting, transporting and pumping wastewater to the wastewater treatment plant.

SHREDDED GARBAGE. See GROUND (SHREDDED) GARBAGE.

SIGNIFICANT INDUSTRIAL USER.

(a) A user subject to categorical pretreatment standards; or

(b) A user that:

1. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater);

2. 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

3. Is designated as such by the Board on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(c) Upon a finding that a user meeting the criteria in division (b) above has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the Board 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 C.F.R. § 403.8(f)(6), determine that such user should not be considered a SIGNIFICANT INDUSTRIAL USER.

SLUDGE. 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 §§ 401 and 405 of the Federal Act and in the applicable requirements under §§ 3001, 3004 and 4004 of the Solid Waste Disposal Act, Pub. Law No. 94-580.

SLUG LOAD or SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 54.030 of this chapter.

STANDARD INDUSTRIAL CLASSIFI- CATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STANDARD METHODS. 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 Pollution Control Federation.

STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

SUPERINTENDENT. The person designated by the City Board of Public Works and Safety who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.

SUPERVISOR, SEWER MAINTENANCE. Administrative head of sewer maintenance.

SURCHARGE. A charge for services in addition to the basic service charge.

SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and which is removable by laboratory filtering.

TOTAL SOLIDS. The sum of suspended and dissolved solids.

TOXIC AMOUNT. 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 the Clean Water Act, Pub. Law No. 94-217.

TOXIC POLLUTANT. Those substances referred to in § 307(a) of the Act as well as any other known potential substances capable of producing toxic effects.

TOXICANT. A substance that is known or suspected carcinogens, mutagens or teratogens and substances present in industrial discharges with known toxic effects on human and aquatic life which is among the list of elements and compounds known as priority pollutants developed under the Clean Water Act.

TSS. Total suspended solids.

UNPOLLUTED WATER. 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 benefited by discharge to sanitary sewers and wastewater treatment facilities provided.

UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of non-compliance with the standards set forth in this chapter due to factors beyond the reasonable control of the discharger, and excluding non-compliance to the extent caused by operational error, improperly designed pretreatment facilities, lack of preventive maintenance or careless or improper operation thereof.

USER. A person that discharges, causes or permits the discharge of wastewater into the sewerage system.

USER or INDUSTRIAL USER.

(1) A source of indirect discharge; and

(2) The “non-industrial class” shall include all users whose wastes are segregated domestic wastes or wastes from sanitary conveniences where regular domestic wastes or wastes from sanitary conveniences are those wastes generated by normal domestic activity.

VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes.

WASTE. Includes sanitary sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human or animal origin, or from any producing, processing, manufacturing or industrial operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of disposal.

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 TREATMENT PLANT or TREATMENT PLANT. The portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.

WATERS OF THE STATE. Any water, surface or underground, within the boundaries of the state, except confined waters in sewers, tanks and the like.

WWTP. Wastewater Treatment Plant (after WPCF).

(Prior Code, § 50.01(1.4)) (Ord. 1998-3, passed 3-3-1998; Ord. 2020-11, passed 7-20-2020)

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