For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED REPRESENTATIVE.
(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; and
(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.
BUILDING DRAIN. The 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 feet outside the inner face of the building.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. Also called HOUSE CONNECTION.
CATEGORICAL PRETREATMENT STANDARDS, NATIONAL CATEGORICAL PRETREATMENT STANDARDS 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 of industrial users.
CITY. Incorporated area of Franklin County, identified as Frankfort, Kentucky. Also used as reference to ownership of the Frankfort Sewer Department.
COUNTY. Unincorporated portion of Franklin County, Kentucky.
CLEAN WATER ACT (CWA). (Also known as the FEDERAL WATER POLLUTION CONTROL ACT.) Enacted by Pub. Law No. 92-500, 10-18-1972, 33 U.S.C. §§ 1251 et seq., as amended by Pub. Law No. 95-217, 12-28-1977; Pub. Law No. 97-417, 12-29-1981; Pub. Law No. 97-440, 1-8-1983; and Pub. Law No. 100-04, 2-4-1987.
CONTROL AUTHORITY. The City of Frankfort Sewer Department when there exists an approved pretreatment program under the provisions of 40 C.F.R. § 403.11.
DAILY MAXIMUM. The maximum allowable value for any single observation in a given day.
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.
EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
INDUSTRIAL USER (IU). A source of indirect discharge, which does not constitute a “discharge of pollutants” under regulations, issued pursuant to § 402 of the Clean Water Act, being 33 U.S.C.
§ 1342.
INDUSTRIAL WASTES. The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes.
INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources:
(1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and/or
(2) 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 of disposal in compliance with the following statutory provisions and regulations of permits issued there under (or more stringent state or local regulations); § 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), being 42 U.S.C. §§ 6901 et seq. (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA)), being 42 U.S.C. §§ 6901 et. seq., and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, being 42 U.S.C §§ 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., and the Marine Protection, Research and Sanctuaries Act, being 33 U.S.C §§ 1401 et seq. and further regulations promulgated as 40 C.F.R. § 403.3.
MAY. The act referred to is permissive. (See SHALL.)
MONTHLY AVERAGE. The maximum allowable value for the average of all observations obtained during one month.
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 Clean Water Act which applies to a specific category of industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.
NATIONAL (OR KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES/KPDES PERMIT. A permit issued pursuant to § 402 of the Clean Water Act (33 U.S.C. § 1332), or a permit issued by the commonwealth 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 ground water.
ORDINANCE. This chapter, unless otherwise specified.
PASS THROUGH. A discharge of pollutant, which cannot be treated adequately by the POTW, and therefor exits into waters of the United States in quantities or concentrations which, alone or in connection with a discharge or discharges from other sources, is a course 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 C.F.R. § 403.3).
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estates, governmental entity of 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. The dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
POTW TREATMENT PLANT. The 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 of alteration can be obtained by physical, chemical or biological processes, or process change(s), or other means/except as prohibited by 40 C.F.R. § 403.6(d).
PUBLICLY-OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Clean Water Act (33 U.S.C. § 1292), which is owned in this instance by the county. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purpose of this chapter, POTW shall also include any sewers that convey wastewater to the POTW from persons outside the county who are, by contract or agreement with the county, users of the county’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 main sewer on private property and the service branch to the extent of ownership by public authority.
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.
SHALL. The act referred to is mandatory. (See MAY.)
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.
STATE. Commonwealth of Kentucky.
SURCHARGE. A charge for services in addition to the basic user and debt service charges, for those users whose contributions contain biochemical oxygen demand (BOD5), chemical oxygen demand (COD), total suspended solids (TSS), oil and 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.
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 FACILITIES. The structures, equipment and processes required to collect, carry away, treat domestic and industrial wastes and dispose of the effluent.
(Ord. 14 (2001), passed 7-19-2001)