§ 50.001 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "ANALYTICAL TESTING." All methods of sample collection, preservation, and analysis as prescribed in 40 CFR 136, "Test Procedures for the Analysis of Pollutants."
   "A.S.T.M." The American Society of Testing and Materials.
   "AUXILIARY METER."
      (1)   A meter or meters used on a primary water supply other than a municipal water supply, such as, wells, private water company, and the like.
      (2)   A meter or meters used to supplement the meter or meters measuring a municipal water supply and considered necessary in the determination of the sewerage service charge or surcharge.
   "BENEFICIAL USES." Uses of the waters of the state that may be protected against quality degradation, including, but not limited to, domestic, municipal, agricultural, and industrial water supply, 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 federal or state law.
   "BIOCHEMICAL OXYGEN DEMAND" or "BOD." Oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed in milligrams per liter. The values shall be as determined by the methods of analytical testing, except that when the BOD value is to be used in determining wastewater treatment system or industrial cost recovery charges, and the BOD test does not produce an accurate measure of the oxygen demand actually exerted by the waste when undergoing treatment, then for use in determining the charges the BOD shall be calculated by whichever of the following formulae gives the more accurate measure of oxygen demand actually exerted.
   BOD = (F1)(COD)
       or
   BOD = (F2)(TVR)
Wherein F1 and F2 are constants to be determined for each wastewater treatment plant and TVR is the total volatile residue in milligrams per liter as determined by the methods of analytical testing.
   "BUILDING DRAIN." 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 a building and conveys it to the building sewer. The building drain shall extend to three feet outside the building wall.
      (1)   "BUILDING DRAIN, SANITARY." A building drain which conveys sewage only.
      (2)   "BUILDING DRAIN, STORM." A building drain which conveys storm water or other drainage, but no sewage.
   "BUILDING SEWER." The extension from the building drain to the public sewer or other place of disposal.
      (1)   "BUILDING SEWER, SANITARY." A building sewer which conveys sewage only.
      (2)   "BUILDING SEWER, STORM." A building sewer which conveys storm water or other drainage, but no sewage.
      (3)   "SEWER TAP." That point where a tie in is made to an existing sewer system.
   "CHEMICAL OXYGEN DEMAND" or "COD." The oxygen equivalent of that portion of the organic matter that is susceptible to oxidation by a strong chemical oxidant. The values shall be as determined by the methods of analytical testing.
   "CHIEF ENGINEER." The Consulting Engineer or his deputies or agents of the Water and Sewer Commission.
   "COMBINED SEWER." A sewer which is intended to serve as a storm sewer and a sanitary sewer.
   "COMMISSION." Florence Water and Sewer Commission, City of Florence, County of Boone, Kentucky.
   "COMMISSION 201 AREA." The service area as defined in the Amended 201 Facility Plan.
   "COMMISSIONER OF SANITATION DISTRICT," "SANITATION COMMISSIONER," or "COMMISSIONER." The Commissioner of Sanitation Districts, as provided for in KRS 220.020. Through the reorganization of state government by executive order of the Governor and ratification by the Kentucky Legislature, the Commissioner has been identified as the Secretary for the Department for Natural Resources and Environmental Protection, Commonwealth of Kentucky.
   "CONTAMINATION." An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health, such as, through poisoning or through the spread of disease. "CONTAMINATION" shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the state are affected.
   "COOLING WATER." The cleaned wastewaters discharged from any system of heat transfer such as condensation, air conditioning, cooling, or refrigeration.
   "EPA." The United States Environmental Protection Agency, or any agency which is successor thereto.
   "FEDERAL ACT." The Federal Water Pollution Control Act, PL 92-500, and any amendments thereto; as well as guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act.
   "GARBAGE." Solid wastes from the domestic and commercial preparation, cooking, or dispensing of food, or from the handling, storage, or sale of produce. "GARBAGE" is distinguished from "Shredded Garbage."
   "GRANT AMOUNT." The portion of cash payment or contribution made by the Environmental Protection Agency or other state or federal governmental agency for the purpose of financing allowable wastewater treatment project costs.
   "HOLDING TANK WASTE." Any sanitary waste from holding tanks or chambers such as are used in connection with boats, chemical toilets, campers, trailers, or other isolated facilities from which sanitary wastes emanate. This definition includes sanitary wastes from septic tanks.
   "INDUSTRIAL PLANT." Any facility which discharges industrial wastes.
   "INDUSTRIAL USER." For purposes of industrial cost recovery, any nongovernmental user of the wastewater treatment system identified in the Standard Industrial Classification Manual, l972, Office of Management and Budget, as amended and supplemented, under the following divisions:
      (1)   Division A. Agriculture, Forestry and Fishing.
      (2)   Division B. Mining.
      (3)   Division D. Manufacturing.
      (4)   Division E. Transportation, Communications, Electric, Gas, and Sanitary Services.
      (5)   Division I. Services.
A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
   "INDUSTRIAL WASTES." The wastes admissible to the wastewater treatment system from industrial manufacturing processes, trade, or business, or from the development, recovery, or processing of natural resources, as distinct from sanitary sewage.
   "KDNREP." The Kentucky Department for Natural Resources and Environmental Protection, or any agency successor thereto.
   "KJELDAHL NITROGEN." The sum of free-ammonia and organic nitrogen compounds which are converted to ammonium sulfate (NH4 )2SO4, under test conditions. The values shall be as determined by the methods of analytical testing.
   "MAINTENANCE." Keeping the wastewater treatment works in a state of repair and shall include expenditures necessary during the service life of the treatment works to maintain the capacity (capability) for which the works were designed and constructed.
   "MAJOR CONTRIBUTING INDUSTRY." A nonresidential user that:
      (1)   Has a flow of 50,000 gallons or more per average workday; or
      (2)   Has a flow greater than 5% of the flow carried by the sewer system; or
      (3)   Has in its waste, a toxic pollutant in toxic amounts; or
      (4)   Discharge wastewater that is found by the Commissioner or the NPDES permit issuance authority in connection with the issuance of a NPDES permit to the public wastewater treatment system receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system or upon the quality of effluent therefrom.
   "MANAGER" or "GENERAL MANAGER." The Manager of the Florence Water and Sewer Commission, Florence, Kentucky, or his deputies and agents. "GENERAL MANAGER, DISTRICT NO. 1," shall mean General Manager of the Campbell Kenton Sanitation District No. 1.
   "MASS EMISSION RATE." The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean kilograms per day of a particular constituent or combination of constituents.
   "mg/l." Milligrams per liter.
   "NATURAL OUTLET." Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
   "NORMAL STRENGTH SEWAGE." Sewage having daily average concentration values of not more than the following in the pollutant categories indicated:
Biochemical oxygen demand      240 mg/l
Suspended solids         300 mg/l
Total phosphorus as P         20.0 mg/l
Total kjeldahl nitrogen as N       30.0 mg/l
Biodegradable oils and greases in less than floating amounts.
   "NPDES PERMIT." National Pollutant Discharge Elimination System Permit.
   "NUISANCE." Anything which is injurious to health, or is indecent or offensive to the senses, or is an obstruction to the free use of property so as to interfere with human comfort or enjoyment of life or property, whether affecting individual interests per se or affecting at the same time an entire community or neighborhood of any considerable number of persons, although the extent of the annoyance, interference or damage may not be inflicted equally upon the persons therein.
"PERSON, ENTERPRISE, ESTABLISHMENT OR OWNER." Any individual, firm, company, association, society, corporation, or other group or association, including public corporation.
   "pH." The logarithm to the base 10 of the reciprocal of the concentration of hydrogen ion in grams per liter of solution.
   "PHOSPHORUS." Total phosphorus content in wastewater as determined by the methods of analytical testing.
   "POLLUTION." An alteration of the quality of the water of the state by waste to a degree which affects such waters for beneficial use or facilities which serve such beneficial uses. "POLLUTION" may include contamination.
   "PRIVATE SEWER." Any privy, privy vault, cesspool, septic tank, or other means of sewage disposal or treatment not connected to any public sewerage system.
   "PUBLIC AUTHORITY." Any government entity having jurisdiction.
   "PUBLIC CORPORATION." Any city, county, school district, water district, and any other governmental agency or political subdivision clothed with the power of levying taxes or issuing bonds payable from special funds.
   "PUBLIC SEWER." A sewer which is controlled, owned, operated, and maintained by a public authority.
   "RECOVERED AMOUNTS." The amount received from assessment of the industrial cost recovery charge.
   "REGIONAL ADMINISTRATOR." The Regional Administrator of the United States Environmental Protection Agency for Region IV.
   "REPLACEMENT." Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment system to maintain the capacity and performance for which the system was designed and constructed. Operation and maintenance includes "REPLACEMENT."
   "RULES AND REGULATIONS." The provisions of this chapter.
   "SANITARY SEWAGE." Sewage containing water-carried wastes contributed from premises by reason of human occupance and free from storm, surface water, and industrial wastes.
   "SANITARY SEWER." A sewer which carries sanitary sewage and industrial wastes and to which storm, surface, and groundwaters are not intentionally admitted.
   "SANITATION DISTRICT" or "SANITATION DISTRICT NO. l." The Sanitation District No. 1 of Campbell and Kenton Counties.
   "SEWAGE." A combination of the liquid and water-carried waste discharged from premises.
   "SEWAGE TREATMENT PLANT." Any arrangement of devices and structures used for treating sewage.
   "SEWER." Any pipe or conduit for conveying wastewater or drainage water.
   "SEWER SERVICE CHARGE." The charge, based upon the amount of water supplied to the user, that he must pay for the use of and the services rendered by the sewage system and facilities of Sanitation District No. 1 of Campbell and Kenton Counties, Kentucky.
   "SEWER SYSTEM." All facilities for collecting, pumping, and transporting wastewater to the treatment facilities.
   "SHREDDED GARBAGE." Garbage 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 l/2-inch in any dimension. "SHREDDED GARBAGE" is distinguished from "Garbage."
   "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 concentration or flows during normal operation.
   "SPECIAL METER." The term applied to an approved meter designed for measurement of water and used specifically for the sole purpose of measuring the amount of water which does not enter the sewerage system and for which a user expects to receive a reduction in their sewerage service charge.
   "STANDARD INDUSTRIAL CLASSIFICATION." The classification of users based on the l972 Standard Industrial Classification Manual (SIC), Office of Management and Budget of the United States of America.
   "STANDARD METHODS." The publication: Standard Methods for the Examination of Water and Wastewater, latest edition, American Public Health Association, American Water Works Association, Water Pollution Control Federation.
   "STORM SEWER" or "STORM DRAIN." A sewer which carries storm waters, surface runoff, street wash waters, and drainage, but which excludes sanitary sewage and industrial wastes, other than unpolluted cooling water.
   "SUSPENDED SOLIDS." 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, expressed in milligrams per liter. The value shall be as determined by the methods of analytical testing.
   "TOTAL SOLIDS." Solids that remain after all liquid has been evaporated, expressed in milligrams per liter. The values shall be as determined by the methods of analytical testing.
   "TOXIC POLLUTANT." Any pollutant or combination of pollutants which interfere with the proper operation of a wastewater treatment plant or which is designated as toxic by the General Manager.
   "TREATMENT SURCHARGE." The charge for which the commercial or industrial user must pay in addition to the sewer service charge if the sewage which he is discharging into the sewerage system exceeds the specifications for normal strength sewage.
   "UNPOLLUTED WATER." Water to which no constituent has been added, either intentionally or accidentally.
   "USEFUL LIFE." The estimated period of time during which a wastewater treatment works will be required to perform a function which is necessary to the wastewater treatment system's operation.
   "USER." Any person that discharges, causes, or permits the discharge of wastewater into a public sewer.
   "USER CLASSIFICATION." The identification of a user as to the type of premises from which wastewater is discharged. Such classification shall be assigned by the Water and Sewer Commission and shall include residential, industrial, public, and commercial users.
      (1)   "COMMERCIAL USER." Any and all users of the wastewater treatment system not otherwise classified.
      (2)   "INDUSTRIAL USER." Any user which discharges industrial wastes.
      (3)   "PUBLIC USER." Any public or parochial school, college, or university, churches, public parks, public or governmental building, charitable institutions, and other similar users of an eleemosynary nature.
      (4)   "RESIDENTIAL USER." Any single- or two-family housing unit.
   "WASTE." Sewage 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 production manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature prior to and for purposes of disposal.
   "WASTEWATER." A combination of the liquid and water-carried wastes from premises.
   "WASTEWATER CONSTITUENTS AND CHARACTERISTICS" The individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate, and such other parameters that serve to define, classify, or measure the contents, quality, quantity, and strength of wastewater.
   "WASTEWATER TREATMENT PLANT." See "SEWAGE TREATMENT PLANT."
   "WASTEWATER TREATMENT SYSTEM." All of the connected treatment works necessary to meet the requirements of Title III of the Federal Act and involved in:
      (1)   The transport of wastewaters from premises to a plant or facility wherein treatment of the wastewater is accomplished;
      (2)   The treatment of the wastewaters to remove pollutants; and
      (3)   The ultimate disposal, including recycling, or re-use, of the treated wastewaters and residues resulting from the treatment process.
   "WASTEWATER TREATMENT SYSTEM (WTS) SERVICE CHARGE." See "SEWER SERVICE CHARGE."
   "WASTEWATER TREATMENT SYSTEM (WTS) SURCHARGE." See "TREATMENT SURCHARGE".
   "WATERWAY" or "WATERCOURSE." A channel in which waters of the state flow either continuously or intermittently.
   "W.P.C.F." The Water Pollution Control Federation.
(Ord. O-38-83, passed 12-20-83)