For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Scientific terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
ACT or THE ACT. The Federal Water Pollution Control Act amendment of 1972, also known as the Clean Water Act, (33 U.S.C. §§ 1251 et. seq.), and subsequent amendments.
APPROVAL AUTHORITY. Refers to the Director of the Division of Water; Department of Environmental Protection; Natural Resources and Environmental Protection Cabinet of the Commonwealth of Kentucky or the regional administrator of U.S. Environmental Protection Agency.
AUTHORIZED OR DULY 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 operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where 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 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 city.
BOD (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20º C., expressed in terms of weight and concentration (milligrams per liter (mg/l)).
BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 55.070 (40 C.F.R. 403.5(a)(1) and (b)). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
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 the building and conveys it to the building sewer, beginning five feet (one and one- half meters) outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471.
CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical pretreatment standard or categorical standard.
CITY. The City of Franklin or City Commission.
C.O.D. (CHEMICAL OXYGEN DEMAND). The measure of the oxygen required to oxidize all components, both organic and inorganic, in water.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
COMPATIBLE POLLUTANT. Such pollutants as biochemical oxygen demand, suspended solids, pH and fecal coli form bacteria, plus any additional pollutants as are now and may be in the future specified and controlled in the city’s NPDES permit for its wastewater treatment works where said works have been designed and used to reduce or remove such pollutants.
CONTROL AUTHORITY (LEGAL AUTHORITY). Refers to the Superintendent and/or city as defined in this section, or if the city’s pretreatment program is not approved, to the approval authority as defined in this section.
DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
EPA. The Environmental Protection Agency, an agency of the United States, or where appropriate, the term may be used as a designation for the administrator or other duly authorized official of said Agency, or the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
EXISTING SOURCE. Any source of discharge that is not a NEW SOURCE.
GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food.
GRAB SAMPLE. A single sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
INCOMPATIBLE POLLUTANT. Any pollutant which is not a compatible pollutant as defined in this chapter.
INDIRECT DISCHARGE. The discharge or the introduction of nondomestic pollutants from any source into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER. A source of discharge which introduces pollutants into the sanitary sewer from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.
INDUSTRIAL WASTES. The liquid wastes resulting from industrial and manufacturing processes and/or trade and business establishments, as distinct from sanitary wastewater.
INSTANTANEOUS LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
LOCAL LIMIT. Specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 C.F.R. 403.5(a)(1) and (b).
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.
MONITORING. The measurement, continuous or intermittent, of wastewater quality and quantity.
MONTHLY AVERAGE. The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
MONTHLY AVERAGE LIMIT. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit for treated wastewater discharge issued to the city pursuant to Section 402 of the Act.
NATIONAL 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 Act which applies to industrial users. These standards are further segregated as:
(1) NATIONAL PRETREATMENT STANDARDS: PROHIBITED DISCHARGES. Establishes prohibitions on pollutants introduced into the sanitary sewer system pursuant to 40 C.F.R. § 403.5 and applies to all industrial users.
(2) NATIONAL PRETREATMENT STANDARD: CATEGORICAL STANDARDS. Specifies quantities or concentrations of pollutants or pollutant properties which may be discharged to the sanitary sewer pursuant to 40 C.F.R. § 403.6 and applies only to specific industrial categories.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
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 that 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;
(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 onsite construction program any placement, assembly, or installation of facilities or equipment;
(b) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(c) 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 that does not come into direct contact with any raw material, intermediate product, waste product or finished product.
PASS THROUGH. A discharge which exits the POTW 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 city’s NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, limited liability company, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. The definition includes all federal, state and local governmental entities.
pH. The measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT. The 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 (such as, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
PRETREATMENT FACILITY or 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 treatment system. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENT. Any substantive or procedural requirement related to pretreatment other than a national pretreatment standard, imposed on a user.
PRETREATMENT STANDARDS or STANDARDS. Prohibited discharge standards, categorical pretreatment standards and local limits.
PROCESS WATER. See INDUSTRIAL WASTES.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that have 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 one-half inch (1.27 centimeters) in any dimension.
PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the wastewater treatment works to maintain the capacity and performance for which such works were designed and constructed. The term operations and maintenance includes replacement.
SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SANITARY WASTEWATER. Liquid wastes discharges from: the sanitary conveniences at dwellings (including apartment houses and motels), office buildings, industrial plants, or institutions and from the non-commercial preparation, cooking and handling of food, as distinct from industrial wastes.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE or WASTEWATER. A combination of the water carrying wastes from residences, business building, institutions, and industrial establishments, together with such ground, surface, storm and gray (household showers and dishwashing operations and the like) waters as may be present.
SEWER. A pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER (SIU). Except as provided in subsections (3) and (4) of this section, a SIGNIFICANT INDUSTRIAL USER is:
(1) An industrial user subject to categorical pretreatment standards; or
(2) An industrial user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(3) 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 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 C.F.R. 403.12(q), together with any additional information necessary to support the certification statement; and
(c) The industrial user never discharges any untreated concentrated wastewater.
(4) Upon a finding that a user meeting the criteria in subsection (2) 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 C.F.R. 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG LOAD or SLUG DISCHARGE. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in §§ 55.070 through 55.080. A SLUG DISCHARGE is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION or SIC. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STORM DRAIN (STORM SEWER). A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SUPERINTENDENT. The City Manager or his or her designee.
SUSPENDED SOLIDS or TOTAL SUSPENDED SOLIDS. The total suspended matter that is in suspension or floating on the surface in water, sewage, or other liquids, and which are removable by laboratory filtering, expressed in terms of weight and concentration (milligrams per liter (mg/l)).
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of 33 U.S.C. § 1317.
TWENTY-FOUR HOURS, FLOW PROPORTIONAL COMPOSITE SAMPLE. A sample consisting of several effluent portions collected during a 24-hour period in which the portions of sample are proportionate to the flow to combine to form a representative sample.
USEFUL LIFE. The estimated period during which a treatment works will be operated.
USER or INDUSTRIAL USER. A source of indirect discharge.
USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works.
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 TREATMENT PLANT. The portion of the POTW which is designated to provide treatment of municipal sewage and industrial waste.
(Ord. 610.1-07-08-13, passed 7-8-2013)