Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
"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 Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet or an authorized representative thereof.
"AGENCY." Any governmental or quasi governmental entity.
"AUTHORIZED REPRESENTATIVE." An authorized representative of a user may be:
(1) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(2) A general partner or proprietor if the user is a partnership or proprietorship, respectively;
(3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
An authorized representative of the city may be any person designated by the city to act on its behalf.
"BASELINE MONITORING REPORT (BMR)." A report submitted by categorical industrial users within 180 days after the effective date of a categorical standard which indicates the compliance status of the user with the applicable categorical standard (40 CFR 403.12(b)).
“BEST MANAGEMENT PRACTICES (BMPs).” 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.
“BIOCHEMICAL OXYGEN DEMAND (BOD5).” The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20º Celsius expressed in terms of weight and concentration in milligrams per liter (mg/l).
"BUILDING DRAIN." That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, water, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside an inner face of the building wall.
"BUILDING SEWER." The extension from the building drain to the public sewer or other place of disposal, also called "house connection".
"BUILDING SEWER PERMIT." As set forth in sections §§ 50.045 through 50.048.
"CATEGORICAL INDUSTRIAL USER." An industrial user subject to categorical pretreatment standards which have been promulgated by EPA.
"CATEGORICAL PRETREATMENT STANDARDS." 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.
"CITY." The City of Flemingsburg, Kentucky; its City Council or Water and Sewer Commission; or their designee.
"CLEAN WATER ACT (CWA)." (Also known as the "Federal Water Pollution Control Act") Public Law 92-500. October 18, 1972. 33 U.S.C. 1251 et seq: as amended by PL 95-217. December 28, 1977; PL 97-117 December 29, 1981; PL 97-440, January 8, 1983, and PL 100-04, February 4, 1987.
"COMBINED SEWER." Any conduit carrying both sanitary sewage and storm water or surface water.
"COMBINED WASTESTREAM FORMULA (CWF)." Procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream is combined with other non-regulated wastestreams prior to treatment (40 CFR 403.7).
"COMMISSION." The Water and Sewer Commission of the City of Flemingsburg.
"COMPATIBLE POLLUTANT." Biochemical oxygen demand, suspended solids, and fecal coliform bacteria; plus any additional pollutants identified in the POTW's NPDES/KPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants so as to ensure compliance with the POTW's NPDES/KPDES permit.
"CONCENTRATION-BASED LIMIT." A limit based on the relative strength of a pollutant in a wastestream, usually expressed in mg/l.
"CONTROL AUTHORITY." The term "control authority" shall refer to the city when there exists an approved Pretreatment Program under the provisions of 40 CFR 403.11.
"COOLING WATER." The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
"DAILY MAXIMUM." The maximum allowable value for any single observation in a given day.
"DILUTE WASTESTREAM." Boiler blowdown, sanitary wastewater, noncontact cooling water and certain process wastestreams that have been excluded from regulation in categorical pretreatment standards because they contain none or only trace amounts of the regulated pollutant.
"DIRECT DISCHARGE." The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Kentucky.
"DISCHARGER." Any person that discharges or causes a discharge to a public sewer.
"DOMESTIC WASTEWATER." The water-carried wastes produced from non-commercial or non-industrial activities and which result from normal human living processes.
"EASEMENT." An acquired legal right for the specific use of land owned by others.
"EFFLUENT." The liquid overflow of any facility designed to treat, convey or retain wastewater.
"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 their duly authorized official of said agency.
"EQUIPMENT." All movable, non-fixed items necessary to the wastewater treatment process.
"FLOW PROPORTIONAL COMPOSITE SAMPLE." Combination of individual samples proportional to the flow of the wastestream at the time of sampling.
"FLOW WEIGHTED AVERAGING FORMULA (FWA)." A procedure used to calculate alternative limits for a categorical pretreatment standard where regulated and nonregulated wastestreams combine after treatment, but prior to the monitoring point as defined in 40 CFR 403.
"GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
"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 tank such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
"INCOMPATIBLE POLLUTANT." All pollutants other than compatible pollutants as defined (see "compatible pollutant" above).
"INDIRECT DISCHARGE." The discharge or the introduction of non-domestic pollutants from any source regulated under section 307 (b) or 1994 (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).
"INDUSTRIAL USER (IU)." 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 (33 U.S.C. 1342).
"INDUSTRIAL WASTES." The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes.
"INTERCEPTOR." A device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes while permitting normal sewage or liquid wastes to discharge into the sewer system or drainage system by gravity. "INTERCEPTOR" as defined herein is commonly referred to as grease, oil, or sand trap.
"INTERFERENCE." A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
2) Therefore 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) 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): Section 405 of 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 CFR 403.3).
"MAY." This is permissive (see "shall" below).
"MONTHLY AVERAGE." The maximum allowable value for the average of all observations obtained during one month.
"MULTI-UNIT SEWER CUSTOMER." A location served where there are two or more residential units or apartments, two or more businesses in the same building or complex, or where there is any combination of business and residence in the same building or complex.
"NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD." Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act which applies to a specific category of industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
"NATIONAL (OR KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES/KPDES PERMIT." A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1332), or a permit issued by the Commonwealth of Kentucky under this authority and referred to as KPDES.
"NATURAL OUTLET." Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
"NEW SOURCE." 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 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 that documents and certifies the compliance status of the user (40 CFR 403.12(d)).
"PASS THROUGH." 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).
"PERIODIC COMPLIANCE REPORT." A report on compliance status submitted by significant industrial users to the Control Authority at least semiannually (40 CFR 403.12(e)).
"PERSON." Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estates, 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 of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
"POLLUTANT." Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
"POLLUTION." The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
"POTW TREATMENT PLANT." That portion of the POTW designed to provide treatment to wastewater.
"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 such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process change, or other means, except as prohibited by 40 CFR Section 403.6 (d).
"PRETREATMENT REQUIREMENTS." Any substantive or procedural requirement related to pretreatment, other than a National Categorical Pretreatment Standard imposed on a significant user.
"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, by-product, or waste product.
"PRODUCTION-BASED STANDARD." A discharge limitation expressed in terms of allowable pollutant mass discharge rate per unit of production and is applied directly to an industrial user's manufacturing process.
"PROHIBITIVE DISCHARGE STANDARD." Any regulation developed under the authority of 307 (b) of the Act and 40 CFR, Section 403. (5).
"PROPERLY SHREDDED GARBAGE." The wastes from the preparation, cooking, and dispensing of food that has 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 1/2 inch in any dimension.
"PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by Section 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 conveyance not connected to a facility providing treatment. For the purpose 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.
"PUBLIC SEWER." A common sewer controlled by a governmental agency or public utility. In general, the public sewer shall include the main sewer in the street and the service branch to the curb or property line, or a main sewer on private property and the service branch to the extent of ownership by public authority. Nothing in this definition shall expand the city's current policy of maintenance of service branches.
"REGULATED WASTESTREAM." An industrial process wastestream regulated by a National Categorical Pretreatment Standard.
"SANITARY SEWER." A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
"SEWAGE." The spent water of a community. Domestic or sanitary waste shall mean the liquid or water-carried wastes from residences, commercial buildings and institutions as distinct from industrial sewage. The terms "sewage" and "wastewater" are used interchangeably.
"SEWER." A pipe or conduit that carries wastewater or drainage water.
"SEWER SYSTEM" or "WORKS." All facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely the sewerage system and POTW.
"SEWER USER CHARGES." A system of charges levied on users of a POTW for the cost of operation and maintenance, including replacement, of such works.
"SEWERAGE." Any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.
"SHALL." Is mandatory (see "may" above).
“SIGNIFICANT INDUSTRIAL USER (SIU).” Defined by EPA regulations as:
(A) all industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(B) any noncategorical user that:
(1) discharges 25,000 gallons per day or more of process wastewater ("process wastewater" excludes sanitary noncontact cooling, and boiler blowdown wastewaters), or
(2) contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant, or
(3) has a reasonable potential, in the opinion of the control or approval authority , to adversely affect the POTW treatment plant (inhibition, pass through of pollutants, sludge contamination or endangerment of POTW workers) or violate any requirements of this chapter. 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 blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(a) The industrial user, prior to the 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 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 process wastewater.
Upon a finding that a user meeting the criteria in this section has no reasonable potential for adversely affecting the POTW's 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.
(Ord. 7-91-1, passed 7-1-91; Am. Ord. 10-11-1, passed 10-10-11)
"SLUG DISCHARGE." Any discharge of a non-routine episodic nature including, but not limited to, an accidental spill or non-customary batch discharge or any discharge of water or wastewater in which the concentration of any given constituent or quantity of flow exceeds, for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flow rate during normal operation which adversely affects the POTW.
"SLUG LOAD." Any pollutant (including Biochemical Oxygen Demand) released in a discharge at a flow rate or concentration which will cause interference with the operation of the treatment works or which exceeds limits set forth in the Industry's Discharge Permit and which include accidental spills.
"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 (SIC)." A classification scheme based on the type of industry or process at a facility.
"STANDARD METHODS." The examination and analytical procedures set forth in the recent editions of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and as set forth in the Congressional Record, 40 CFR 136.
"STATE." Commonwealth of Kentucky.
"STORM DRAIN (SOMETIMES TERMED "STORM SEWER"). A drain or sewer for conveying water, groundwater, surface water, or unpolluted water from any source.
"STORM WATER." Any flow occurring during or following any form of natural precipitation and resulting therefrom.
"SUPERINTENDENT." The Superintendent of the Water and Sewer Commission of the city or his duly authorized deputy, agent, or representative.
"SURCHARGE." A charge for service in addition to the basic sewer user and debt service charges, for those users whose contribution contains biochemical oxygen demand (BOD5), Chemical Oxygen Demand (COD), Total Suspended Solids (TSS), Oil & Grease or Ammonia-nitrogen (NH3-N) in concentrations which exceed limits specified herein for such pollutants. Where authorized by the control authority, payment of a surcharge will authorize the discharge of the referenced pollutants so long as the discharge does not cause pass through or interference.
"SUSPENDED SOLIDS (TSS)." Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.
"TIME PROPORTIONAL COMPOSITE SAMPLE." Combination of individual samples with fixed volumes taken at specific time intervals.
"TOXIC ORGANIC MANAGEMENT PLAN." Written plan submitted by industrial users 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 provisions of CWA Section 307 (a) or any amendments thereto.
"UNPOLLUTED WATER." Water of quality equal to or better than the treatment works effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
"UNREGULATED WASTESTREAM." A wastestream that is not regulated by National Categorical Pretreatment Standards.
"USER." Any person who contributes, causes or permits the contribution of wastewater into the POTW.
"WASTEWATER." The spent water of a community. Sanitary or domestic wastes shall mean the liquid and water carried wastes from residences, commercial buildings and institutions as distinct from industrial waste.
"WASTEWATER CONTRIBUTION PERMIT." A permit issued to industrial users which authorizes discharges to the public sewer as set forth in the Administration Section of this chapter.
"WASTEWATER FACILITIES." The structures, equipment, and processes required to collect, carry away, treat domestic and industrial wastes, and dispose of the effluent.
"WASTEWATER TREATMENT WORKS." An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant" or "sewage treatment plant".
"WATERCOURSE." A natural or artificial channel for the passage of water either continuously or intermittently.
"WATERS OF THE STATE." All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation 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.
(Ord. 12-93-1, passed 12-6-93; Am. Ord. 10-11-1, passed 10-10-11)