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 USC 1251 et seq.
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal, state or local) contained in this chapter and considered to be the most restrictive with which nondomestic users will be required to comply.
APPROVAL AUTHORITY. The Regional Administrator of EPA Region V. IDEM will automatically be designated as the Approval Authority if its pretreatment program is approved by the EPA and EPA delegates its pretreatment program authority to IDEM.
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 million dollars (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 subsections (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 Superintendent.
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 (for example, mg/l).
BYPASS. The intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
CLEAR WATER FLOW. Groundwater or precipitation related water which enters the sanitary sewer collection system through pipe defects (infiltration) or conduits (inflow).
COLOR. The optical density at the visual wave length of maximum absorption, relative to distilled water. 100% transmittance is equivalent to zero (0.0) optical density.
COMBINED SEWER. Sewer which carries both sanitary and stormwater flow by design.
CONTROL AUTHORITY (“CA”). The Commissioner of the Indiana Department of Environmental Management.
COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
COUNCIL. The Town Council of Fortville, Indiana, or any duly authorized official acting on its behalf.
DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for sampling purposes.
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 the agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
FATS, OILS AND GREASE. 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.
FLOW PROPORTIONAL SAMPLING or TIME PROPORTIONAL SAMPLING. A 24-hour composite sample that consists of at least three grab samples collected over equal time intervals during the period of operator attendance. The grab samples for the composite shall be proportioned to flow. If a user does not utilize an automatic sampler, a flow proportioned composite sample may be obtained by:
(1) Recording the discharge flow rate at the time each individual sample is taken;
(2) Adding together the discharge flow rates recorded from each individual sampling time to formulate the “total flow value;”
(3) Dividing the discharge flow rate of each individual sampling time by the total flow value to determine its percentage of the total flow value;
(4) Multiplying the volume of the total composite sample by each individual sample’s percentage to determine the volume of that individual sample that will be included in the total composite sample.
GRAB SAMPLE. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
HAZARDOUS WASTE. Any waste defined as a hazardous waste under 40 CFR 261.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
INDIRECT DISCHARGER. A nondomestic discharger introducing pollutants into the town's wastewater treatment plant, regardless of whether the discharger is within the town's jurisdiction.
INDUSTRIAL USER. An indirect discharger.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite 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, does one of the following:
(1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal;
(2) Causes a violation of any requirement of the town’s NPDES permit, including an increase in the magnitude or duration of a violation;
(3) Prevents the use of sewage sludge or its disposal method selected in compliance with the following statutory provisions, regulations, or permits issued thereunder or any more stringent state or local regulations: Section 405 of the Clean Water Act (33 U.S.C. 1345); the Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901), including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); and the rules contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941); the Clean Air Act (42 U.S.C. 7401); and the Toxic Substances Control Act (15 U.S.C. 2601).
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.
NEW SOURCE.
(1) 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 Section 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:
(a) The building, structure, facility or installation is constructed at a site at which no other source is located; or
(b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) 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.
(2) 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 subsection (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a new source as defined under this subsection has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly or installation of facilities or equipment; or
2. Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which are necessary for the placement, assembly or installation of new source facilities or equipment; or
(b) 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 subsection.
NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
PASS-THROUGH. A discharge proceeding through the town's wastewater treatment plant into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the town's NPDES permit, 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 (for example, pH, temperature, TSS, turbidity, color, BOD5, COD5, toxicity and odor).
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, other than a pretreatment standard, imposed on an industrial user, including applicable local limits.
PRETREATMENT STANDARD OR STANDARDS.
(1) State pretreatment standards as established in 327 IAC 5-18-8;
(2) Pretreatment standards for prohibited discharges, as established in 327 IAC 5-18-2; and
(3) National categorical pretreatment standards incorporated by reference in 327 IAC 5-18-10.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 52.020.
PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works owned by the state or a municipality, except that it does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes, The term also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. “POTW” also means the town to the extent it has jurisdiction over the indirect discharges to and the discharges from the town's treatment plant.
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).
SIGNIFICANT INDUSTRIAL USER (SIU).
(1) Industrial users subject to categorical pretreatment standards under 327 IAC 5-18-10.
(2) An industrial user that:
(a) Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater) to the town's treatment plant;
(b) Contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the town's treatment plant; or
(c) Is designated as a significant industrial user by the control authority on the basis that the industrial user has a reasonable potential to:
1. Adversely affect the town's treatment plant operations;
2. Violate a pretreatment standard; or
3. Violate a requirement of 327 IAC 5-19-3.
(3) The control authority may, on its own initiative or in response to a petition received from an industrial user or a POTW and in accordance with 327 IAC 5-19-3(6), determine that an industrial user is not a significant industrial user if it does not meet Part III.A.9.b(3) of the town's NPDES permit.
SIGNIFICANT NONCOMPLIANCE (SNC). For compliance provisions of this chapter, this term is defined as follows:
(1) Violations of wastewater discharge limits:
(a) Chronic violations. 66% or more of the measurements exceed the same daily maximum limit or the same average limit in a six month period;
(b) Technical review criteria (TRC). 33% or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six month period. There are two groups of TRCs:
1. Group I for conventional pollutants
(BOD5, COD, TSS, fats, oil and grease) TRC =1.4 (40%);
2. Group II for all other pollutants TRC=1.2 (20%);
(c) Any other violation(s) of an effluent limit (average or daily maximum) that the Superintendent believes has caused, alone or in combination with other discharges, interference (for example, slug loads) or pass through or endangered the health of the sewage treatment personnel or the public;
(d) Any discharge of a pollutant which has caused imminent endangerment to human health/welfare or to the environment and resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge.
(2) Violation of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction or attaining final compliance by 90 days or more after the schedule date.
(3) Failure to provide reports for compliance schedules, self-monitoring data or categorical standards (baseline monitoring reports, 90-day compliance reports and periodic reports) within 30 days from due date.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations which the Superintendent considers to be significant.
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.
SLUG DISCHARGE or SLUG LOAD. Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge that may cause interference to a POTW or any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 52.020.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
SUPERINTENDENT. The person designated by the Town of Fortville who is charged with certain duties and responsibilities by this chapter or a duly authorized representative.
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.
TOWN. The Town of Fortville, Indiana, acting by and through its Town Council.
USER or INDUSTRIAL USER. A source of indirect discharge.
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 CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
WASTEWATER DISCHARGE PERMIT. A permit issued by the town to a user of the wastewater utility which establishes specific conditions and requirements.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. 2000-11B, passed 11-28-00; Am. Ord. 2011-11A, passed 11-21-11; Am. Ord. 2015-4A, passed 5-9-15)