(A) For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
AUTHORIZED REPRESENTATIVE OF THE FOOD SERVICE ESTABLISHMENT (FSE). means the following:
(a) If the FSE is a corporation:
1. 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
2. The manager of 1 or more operating facilities who is authorized to make management decisions that:
a. Govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and can initiate and direct other comprehensive measures to ensure long-term compliance with environmental laws and regulations;
b. Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual FOG Registration requirements; and
c. Has the authority to sign documents legally binding the corporation.
(b) If the FSE is a partnership or sole proprietorship: a general partner or the proprietor, respectively.
(c) If the FSE is a federal, state, or local governmental facility: a director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(d) The individuals described in divisions (a) through (c), above, may designate a duly 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 Director.
BEST MANAGEMENT PRACTICES (BMPS). Industry standards, procedures and practices that minimize the discharge of FOG to the POTW.
BUILDING DRAIN. The part of the plumbing that is the lowest horizontal piping within a building or house that conveys wastewater or storm water to a sewer lateral.
CITY. The City of Elkhart, Indiana.
CONTROL AUTHORITY. The Board of Public Works of the city. It is the governing body of the POTW.
CONTROL MANHOLE. A manhole that contains all of the wastewater from a single FSE prior to combining with wastewater from any other source.
DIRECTOR. The person responsible for supervising the operation of the POTW, or that person's duly authorized representative.
DISCHARGE. The pouring forth, emission or release of pollutants or wastewater from any source.
EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.
EFFLUENT LIMITATION. Any restriction established by the Control Authority on quantities, discharge rates and concentrations of pollutants that are discharged from point sources into the POTW or waters of the State of Indiana.
ENVIRONMENTAL PROTECTION AGENCY (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 said agency.
EXISTING BUILDING. A structure with a roof and walls that is used as a FSE and that exists on the effective date of this subchapter.
EXISTING FSE. A food service establishment that is in operation on the effective date of this subchapter.
FATS, OILS AND GREASE (FOG). A group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other materials that are extracted by a solvent from an acidified sample that are not volatilized during the laboratory test procedures. This includes both polar (animal or vegetable in origin) and non-polar (total petroleum hydrocarbons) substances.
FOG CONTROL DEVICE. Any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect FOG prior to it being discharged into the POTW.
FOG REGISTRATION CERTIFICATE (CERTIFICATE). The certificate issued by the city certifying that all prerequisites defined in this subchapter are satisfied at the time of issuance and the FSE may commence discharging to the POTW.
FOOD GRINDER. Any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by- products prior to it being discharged into the POTW.
FOOD SERVICE ESTABLISHMENT (FSE). An operation or enterprise that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. This does not include establishments designated as "pre-packaged food store only" with a "limited food service license" by the Elkhart County Health Department.
GREASE INTERCEPTOR. A device located underground and outside a food service facility designed to collect, contain, or remove food
wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the POTW system by gravity.
GREASE TRAP. A device located inside a food service facility or under a sink designed to collect, contain, or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the POTW by gravity.
MANIFEST. The receipt which is retained by the FSE for disposing recyclable wastes or liquid wastes as required by the Control Authority.
MAY. The act referred to is both permissible and approved.
NEW BUILDING. A structure with a roof and walls that is intended to be used as a FSE and that does not exist on the effective date of this subchapter.
NEW FSE. A food service establishment that begins operation after the effective date of this subchapter. Change in ownership within immediate family members (parents, spouses, siblings or children) does not constitute an FSE being categorized as a NEW FSE.
NPDES PERMIT. The National Pollutant Discharge Elimination System permit issued to the city, which sets forth conditions for the discharge of any pollutants or combinations of pollutants.
NUISANCE. Any substance which is injurious to health, 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.
POLLUTANT. Means, but is not limited to, any of the following discharged into water: FOG, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, wastewater, garbage, sludge, munitions, chemical wastes, toxic wastes, hazardous substances, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.
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, discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical or biological processes or any combination thereof, by process changes, or by other means, except dilution.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by Section 212 of the Act, (33 U.S.C. § 1292) owned in this instance by the City of Elkhart. This definition includes any sewers, pipes, and other conveyances conveying wastewater to the POTW treatment plant. The term does not include pipes, sewers or other conveyances not connected to a facility providing treatment or storage. For the purposes of this subchapter, POTW shall also include any sewers, pipes or other conveyances that convey wastewater to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW. The term also means the municipality, as defined in Section 502(4) of the Act, which has jurisdiction over the discharges to and the direct discharges from such a treatment works.
REMEDIAL ACTION PLAN. A plan that shall detail the steps the facility will take to correct the violation, the time frame for the violation to be corrected, and will be signed by an authorized representative of the FSE. A REMEDIAL ACTION PLAN will be submitted to the Director within 15 days of receipt of notification of the violation.
SANITARY WASTEWATER. The liquid and water-carried waste from residences, commercial buildings, industrial plants, institutions, and other places that is transported by sewers and is primarily composed of human and household waste. SANITARY WASTEWATER, as received by the POTW, may contain a component of industrial waste.
SEWER. A pipe or conduit, which carries wastewater, storm water, or drainage water.
SEWER LATERAL. The horizontal piping that extends from the end of the building drain to the public sewer or other place of disposal. Sewer laterals are not part of the POTW.
SHALL. The act referred to is mandatory.
STATE. State of Indiana.
STANDARD METHODS. An assembly of analytical techniques and descriptions commonly accepted in water and wastewater treatment as listed in 40 C.F.R. § 136 and contained in "Standard Methods for the Examination of Water and Wastewater", published jointly by the American Public Health Association, American Water Works Association and the Water Environment Federation.
SURVEILLANCE. The ongoing systematic collection and analysis of data.
SUSPENDED SOLIDS. Solids, which either float on the surface or are suspended in water, wastewater or other liquids, which are removable by laboratory filtration.
TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.
TWENTY-FIVE PERCENT (25%) RULE. A requirement for FOG control devices to be maintained such that the combined FOG and solids accumulation does not exceed 25% of the design hydraulic depth of the grease trap or interceptor. This is to ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG from discharging to the sewer system.
UTILITY. The city's wastewater utility.
WASTE. Sanitary wastewater and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of 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 or water-carried wastes from residential, commercial, industrial, municipal, agricultural, or other sources.
(B) Abbreviations.
BMP. Best management practice.
CFR. Code of Federal Regulations.
EPA. The U.S. Environmental Protection Agency.
FOG. Fats, oils and grease.
FSE. Food service establishment.
mg/L. Milligrams per liter.
NPDES. National Pollutant Discharge Elimination System.
POTW. Publicly owned treatment works
(Ord; 5434, passed 4-6-2015; Am. Ord. 5745, passed 7-1-2019)