§ 50-62 DEFINITIONS.
   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
   ACT and 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 State Natural Resources and Environmental Protection Cabinet and/or any authorized representative thereof.
   AUTHORIZED REPRESENTATIVE.
      (1)   An AUTHORIZED REPRESENTATIVE of a user who may be:
         (a)   A principal executive officer of at least the level of vice-president if the industrial user is a corporation;
         (b)   A general partner or proprietor if the user is a partnership or proprietorship respectively; or
         (c)   A duly AUTHORIZED REPRESENTATIVE of the individual designated in this definition if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
      (2)   An AUTHORIZED REPRESENTATIVE of the city may be any person designated by the city to act on its behalf.
   24-HOUR FLOW PROPORTIONAL COMPOSITE SAMPLE. A sample consisting of several sample portions collected during a 24-hour period in which the portions of the sample are proportioned to the flow and combined to form a representative sample.
   AVAILABLE. A public sewer located at the property line or point at which connection may be made with the city sanitary sewage collection facilities.
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation or organic matter under standard laboratory procedure, five days at 20°C, expressed in terms of weight and concentration (milligrams per liter - mg/l).
   BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. Also called HOUSE CONNECTION.
   CATEGORICAL STANDARDS, NATIONAL CATEGORICAL PRETREATMENT STANDARDS or PRETREATMENT STANDARD. Any regulations containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) and 40 C.F.R. part 403 which applies to a specific category of industrial user.
   CITY. The City of Fulton, Kentucky, its City Commission or the Manager of the POTW or his or her designee.
   COMBINED SEWER. Any conduit carrying both sanitary sewage and storm water or surface water.
   COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids and fecal coliform bacteria, plus additional pollutants that the POTW is designed to treat and, in fact, does treat to the degree required by the POTW’s NPDES/KPDES permit.
   COMPOSITE WASTEWATER SAMPLE. A combination of individual samples of water or wastewater taken at selected intervals, or based on quantity of flow for some specified period, to minimize the effect of variability of the individual sample. Individual samples may have equal volume or may be proportioned to the flow at the time of the sampling.
   CONTROL AUTHORITY. The approval authority defined in this section; or the Manager of the POTW or his or her designee if the city has an approved pretreatment program under the provisions of 40 C.F.R. § 403.22.
   COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
   COUNTY HEALTH DEPARTMENT. The Health Department for the county.
   CUSTOMER. Any individual, partnership, corporation, association or group who receive sewer service from the city under either an express or implied contract requiring payment to the city for the service.
   DILUTION STREAM. Any wastewater not generated by a process regulated for the specific pollutant by a categorical standard under 40 C.F.R. Subch. N.
   DIRECT DISCHARGE. The discharge of treated or untreated wastewaters directly to the waters of the state.
   DOMESTIC WASTEWATER. Wastewater that is generated by a single-family, apartment or other dwelling unit equivalent containing sanitary facilities for the disposal of wastewater and used for residential purposes only.
   EASEMENT. An acquired legal right for the specific use of land owned by others.
   ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S. Environmental Protection Agency or, where appropriate, this term may also be used as a designation for the administrator or his or her duly authorized representative of the agency.
   EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
   FEDERAL PRETREATMENT STANDARDS. Federal regulations for pretreatment of industrial wastewater under 40 C.F.R. Subch. N and any applicable regulations, as amended.
   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 waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
   HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
   INCOMPATIBLE POLLUTANT. Any pollutant which is not a compatible pollutant, as defined in this section.
   INDIRECT DISCHARGE. The discharge or the introduction of pollutants into a POTW from any non-domestic source regulated under § 307(b), (c) or (d) of the Act and including holding tank wastes discharged into the system.
   INDUSTRIAL USER. A source of indirect discharge.
   INDUSTRIAL WASTES. The wastewaters 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 and undesirable matter from domestic wastes while permitting domestic sewage or liquid wastes to discharge into the sewer system or drainage system by gravity. INTERCEPTOR, as defined in this section, is commonly referred to as a grease, oil or sand trap.
   INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations or that which contributes to a violation of any requirement of the city’s NPDES/ KPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
   MANAGER. The person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his or her duly authorized representatives. For the purposes of this article, the term MANAGER shall be used to designate the City Manager.
   MAXIMUM DAILY CONCENTRATION. The maximum concentration per day of a pollutant based on the analytical results obtained from a 24-hour composite sample.
   MAY. Permissive.
   NATIONAL CATEGORICAL PRETREATMENT STANDARD and PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA (33 U.S.C. § 1347) which applies to a specific category of industrial users.
   NATIONAL (OR KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM AND NPDES/KPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1332) or a permit issued by the state under this authority and referred to as kpdes.
   NEW SOURCE. 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 § 307(c) (33 U.S.C. § 1317) of the Act which will be applicable to the source if the standards are thereafter promulgated in accordance with that section and as further defined in 40 C.F.R. part 403, § 403.3, as adopted on 9-17-1988.
   OPERATION AND MAINTENANCE EXPENSES. All annual operation and maintenance expenses including replacement cost related directly to operating and maintaining the sewage works as shown by annual audit.
   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. 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 human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
   POTW TREATMENT PLANT. The portion of the POTW designed to provide treatment of wastewater.
   PRETREATMENT and 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 C.F.R. § 403.6(d).
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on significant industrial user.
   PRIVATE SEWER. Sewer lines on private property not owned or maintained by the city that convey sewage into public sewers. (See also BUILDING SEWER.)
   PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act and 40 C.F.R. § 493.5.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to 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 in any dimension.
   PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works, as defined by § 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 conveyances not connected to a facility providing treatment. For the purposes of this article, the term POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the jurisdiction of the city who are 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.
   REPLACEMENT. Expenditure for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.
   SANITARY SEWER. A sewer that carries liquid and waterborne 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 waterborne wastes from residences, commercial buildings and institutions and is distinct from industrial sewage. The terms SEWAGE and WASTEWATER are used interchangeably.
   SEWAGE SYSTEM and SEWAGE WORKS. All facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely the sewerage system and the POTW.
   SEWER. A pipe or conduit that carries wastewater or drainage water.
   SEWER USER CHARGES. A system of charges levied on users of a POTW for the cost of operation and maintenance, including replacement, of the works.
   SHALL. Mandatory.
   SIGNIFICANT INDUSTRIAL USER. Any user of the city’s wastewater disposal system who:
      (1)   Is subject to a categorical pretreatment standard under 40 C.F.R. § 403.6 and 40 C.F.R. Ch. I, Subch. N;
      (2)   Has a discharge flow of 25,000 gallons or more per average work day;
      (3)   Has a flow greater than 5% of the flow in the city’s wastewater treatment system;
      (4)   Has an organic loading greater than 5% of the load in the city’s wastewater treatment system;
      (5)   Has in its wastewaters toxic pollutants, as defined pursuant to § 307 of the Act or state statutes and rules; or
      (6)   Is found by the city, state approval authority or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing users, on the wastewater treatment system, the quality of the sludge, the system’s effluent quality or air emissions generated by the system.
   SIGNIFICANT VIOLATION. A violation that meets one or more of the following criteria:
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
      (2)   Technical review criteria (TRC). Violations defined here as those in which 33% or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 2.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants, except pH);
      (3)   Any other violation of a pretreatment effluent limit (daily maximum or long-term average) that the Manager determines has cause (alone or in combination with other discharges) interference or pass-through, including endangering the health of POTW personnel or the general public;
      (4)   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent a discharge;
      (5)   Failure to meet (within 90 days after the schedule date) a compliance schedule milestone contained in a wastewater discharge permit or other order issued hereunder for starting construction, completing construction or attaining final compliance;
      (6)   Failure to provide within 30 days after the due date the required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
      (7)   Failure to accurately report non-compliance; and
      (8)   Any other violation or group of violations which the Manager determines will adversely affect the operation or implementation of the local pretreatment program.
   SLUG DISCHARGE. Any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or non-customary batch discharge and/or any discharge of water or wastewater in which the concentration of any given constituent or the quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flow rate during normal operation and/or adversely affects the POTW or any discharge of whatever duration that interferes with the proper operation of the wastewater treatment facilities or pumping stations.
   STANDARD INDUSTRIAL CLASSIFICATION (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 and STORM SEWER. A drain or sewer for conveying water, ground water, 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 wastewater facilities for the city or his or her authorized deputy, agent or representative.
   SURCHARGE. A charge for service in addition to the basic sewer user and debt service charge, for those users whose contribution contains biochemical oxygen demand (BOD), suspended solids (TSS) or oil and grease (O&G), in concentrations which exceed limits specified in this article for the pollutants.
   SUSPENDED SOLIDS (TSS). Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and which is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as non-filterable residue.
   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 § 307(a) or other Acts.
   UNPOLLUTED WATER. Water of quality equal to or better than the treatment works effluent criteria in effects 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.
   USER. Any person who contributes, causes or permits the contribution of wastewater into the city’s POTW. (See definition of PERSON.)
   USER CHARGE. The charge levied on all users, including, but not limited to, persons, firms, corporations or governmental entities that discharge, cause or permit the discharge of sewage 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 wastes.
   WASTEWATER FACILITIES. The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
   WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for treating domestic wastewaters and sludges. Sometimes used synonymously as WASTE TREATMENT PLANT or SEWAGE TREATMENT PLANT.
   WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
   WATERS OF THE COMMONWEALTH. 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.
(1977 Code, § 22-26.1) (Ord. 94-12, passed 8-22-1994)
Cross-reference:
   Definitions generally, see § 1-2